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Would we be better off under President Hillary?

Clinton’s gay supporters from 2008 weigh in on Obama’s performance

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Secretary of State Hillary Clinton (Washington Blade file photo by Michael Key)

Would a President Hillary Clinton have made more progress on LGBT issues over the course of her first term as opposed to what we’ve seen under President Obama?

The secretary of state certainly stole the spotlight on LGBT issues when she gave a high-profile speech in Geneva earlier this month calling for an end to anti-gay abuses overseas and emphasizing her previously stated belief that gay rights are human rights and human rights are gay rights.

“In our lifetimes, attitudes toward gay people in many places have been transformed,” Clinton said. “Many people, including myself, have experienced a deepening of our own convictions on this topic over the years, as we have devoted more thought to it, engaged in dialogues and debates, and established personal and professional relationships with people who are gay.”

MORE IN THE BLADE: WATCH THE HISTORIC GENEVA SPEECH

Clinton had a strong LGBT following in 2008 when she was competing against Obama for the Democratic nomination for president. There were many high-profile LGBT Clintonistas, although many of them became Obama supporters after he won the Democratic mantle.

Former members of Clinton’s 2008 LGBT steering committee praised her speech in Geneva, but noted that it took place as part of a coordinated effort under the Obama administration.

Elizabeth Birch, former executive director of the Human Rights Campaign and a Clinton backer in 2008, said the Clinton speech was “bold and historic,” but wouldn’t have taken place if President Obama didn’t want it to happen.

“It was as deeply thoughtful and intelligent as Secretary Clinton herself,” Birch said. “But we all know that the secretary of state serves the president and our nation. This speech took place because this administration — including Secretary Clinton — wanted it to take place.”

Peter Rosenstein, a gay D.C. Democratic activist and 2008 Clinton delegate, noted Clinton’s speech followed Obama’s speech at the United Nations in which he became the first sitting president to mention gay rights in a speech before the full U.N. General Assembly.

“I think Hillary made a brilliant, heartfelt speech on LGBT rights but let us not forget that President Obama spoke out first at the United Nations on the need to protect gay and lesbian people around the world,” Rosenstein said.

But questions linger among some Clinton supporters over what progress the LGBT community would have seen if she had won the presidency.

Clinton’s LGBT advocacy in her role as secretary of state has been aggressive. Early on during the administration, Clinton instituted a change to offer equal benefits to same-sex partners of Foreign Service officers.

The change allowed same-sex partners to have access to diplomatic passports, use of medical facilities at posts overseas, medical and other emergency evacuation privileges, compensation for transportation between posts and training in security and languages.

The Obama administration has no seen no shortage of major advancements for the LGBT community. Notable among them is passage of hate crimes protection legislation, repeal of “Don’t Ask, Don’t Tell” and the discontinuation of the defense of the Defense of Marriage Act in court.

Clo Ewing, an Obama campaign spokesperson, touted the president’s record in response to an inquiry on whether a President Clinton would have accomplished more than President Obama.

“President Obama’s administration has done more to advance LGBT equality than any other, accomplishing the repeal of ‘Don’t Ask Don’t Tell,’ signing the Matthew Shepard and James Byrd Jr. Hate Crime Prevention Act into law and ending discrimination based on gender identity in the federal government,” Ewing said. “And if he’s reelected, that progress will continue.”

Still, many LGBT advocates are frustrated that Obama has yet to come out in support of same-sex marriage. Obama has said he could “evolve” to support marriage rights, but more than a year has passed since he made that statement and he has yet to do so.

Moreover, one major piece of legislation that Obama backed during his 2008 campaign continues to languish in Congress: the Employment Non-Discrimination Act.

Passage would be difficult given the current makeup of Congress, but Obama in the interim could issue an executive order preventing federal dollars from going to contractors that don’t have their own non-discrimination protections based on sexual orientation and gender identity in place for workers.

Lane Hudson, a gay D.C.-based Democratic activist and 2008 Clinton supporter, thinks she would have made more progress on ENDA and marriage if she were president.

“My gut tells me that Hillary would have evolved to a position supporting full marriage equality,” Hudson said. “While her speech in Geneva didn’t mention it specifically, I feel that it is implied in her statement that ‘gay rights are human rights and human rights are gay rights.”

Hudson went to 10 states — including New Hampshire where Clinton won the primary — to campaign for the then-Democratic presidential candidate. He also served as host for LGBT-focused fundraisers in D.C.

Clinton, in her role as secretary of state, has continued to support civil unions as opposed to same-sex marriage. But, during a speech at the State Department this year commemorating June as Pride month, she praised the marriage law in New York, saying it, “gives such visibility and credibility to everything that so many of you have done over so many years.”

Still, she hasn’t endorsed marriage rights even as at least one other member of Obama’s cabinet has declared his personal support. Secretary of Housing & Urban Development Shaun Donovan expressed his support for same-sex marriage last month.

It’s difficult to say whether ENDA would be further along under a Clinton administration because employment protections haven’t been under her purview as secretary of state.

Still, Hudson said he believes Clinton would “have been more aggressive in helping to get ENDA passed into law.”

“Without question, Hillary would have been more successful at legislating,” Hudson said. “Not only does she have a solid record as a senator, but she would have been far more engaged with the Congress. ENDA didn’t even leave the House committee in the last Congress.”

But many prominent LGBT Clinton backers say they’re pleased with the Obama administration and she and the president have been working closely to advance LGBT issues.

Other former Clinton supporters were dubious that the secretary of state would have come out for marriage equality or guided ENDA to passage had she been elected president instead of Obama.

Hilary Rosen, a D.C.-based Democratic activist, called herself “Hillary Clinton’s greatest fan,” but expressed skepticism that Clinton would have succeeded on ENDA or evolved on marriage.

“ENDA is stuck in the Congress not the White House and I just don’t know if she would have changed her view publicly by now about marriage if she were president,” Rosen said. “And anyone who tells you they know is making it up.”

Birch said Obama achieved tremendous legislative success for the LGBT community — counting passage of hate crimes legislation and “Don’t Ask, Don’t Tell” repeal as two signature accomplishments — and said people should “work harder than ever in their lives to re-elect a president that invested in real change.”

“President Obama has achieved what no other president has ever achieved — a breakthrough of majority votes in the United States Congress to actually change the federal law of our country,” Birch said. “He has done it twice. He prioritized us and that is how it happened.”

Steve Elmendorf, a gay Democratic lobbyist, said he doesn’t think “we’d see any difference” if Clinton were president instead of Obama.

“I was an enthusiastic Hillary backer; I am an enthusiastic Obama backer now,” Elmendorf said. “In terms of passing of ‘Don’t Ask, Don’t Tell’ [repeal] and hate crimes, I think Obama has done a terrific job and, I think, the community should be enthusiastic about him — particularly if they watch the Republican primary process play out and see what the alternative is.”

Elmendorf, also a member of Clinton’s 2008 LGBT steering committee, said the only thing Obama hasn’t done is come out publicly for marriage equality, but noted Clinton also has yet to make such an endorsement.

“The opposition is so horrible, and marriage is just one issue and he’s got such a good record on just everything else that it doesn’t in any way diminish my enthusiasm for him,” Elmendorf said.

 

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Florida

DNC slams White House for slashing Fla. AIDS funding

State will have to cut medications for more than 16,000 people

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HIV infection, Florida, Hospitality State, gay Florida couples, gay news, Washington Blade

The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.

The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026. 

Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health. 

The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.

“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”

The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it. 

HIV disproportionately impacts low income people, people of color, and LGBTQ people

The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.

“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”

More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.

Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.

“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage

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U.S. Supreme Court

Competing rallies draw hundreds to Supreme Court

Activists, politicians gather during oral arguments over trans youth participation in sports

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Hundreds gather outside the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.

“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”

U.S. Sen. Ed Markey (D-Mass.) speaks outside of the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”

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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”

“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”

From left, U.S. Education Secretary Linda McMahon and U.S. Rep. Mark Takano (D-Calif.) speak during the same time slot at competing rallies in front of the U.S. Supreme Court on Tuesday. Takano addresses McMahon directly in his speech. (Washington Blade photo by Michael Key)

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.

“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”

“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”

Takano then turned and pointed his finger toward McMahon.

“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”

Both politicians continued their remarks from opposing podiums.

“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”

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U.S. Supreme Court

Supreme Court hears arguments in two critical cases on trans sports bans

Justices considered whether laws unconstitutional under Title IX.

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The United States Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.

The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.

Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.

“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”

“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”

Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.

“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”

Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.

“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.

“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.

Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.

“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”

Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.

“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”

Kathleen Harnett, center, speaks with reporters following oral arguments at the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.

Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.

“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”

Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.

“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”

Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”

Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.

“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”

Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.

Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.

Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.

“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”

Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.

“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”

A demonstrator holds a ‘protect trans youth’ sign outside of the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

Outside the court, advocates echoed those concerns as the justices deliberated.

“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”

“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”

The Supreme Court is expected to issue rulings in both cases by the end of June.

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