Outgoing Rep. Barney Frank today announced his strong opposition to former Sen. Chuck Hagel's reported consideration as the next secretary of defense.

In a highly charged statement released Monday afternoon, the Massachusetts Democrat accused Hagel of a history of anti-gay votes during his tenure as the Republican senator from Nebraska and dismissed his recent apology for anti-gay remarks made in 1998.

"Then-Senator Hagel's aggressively bigoted opposition to President Clinton's naming the first openly gay Ambassador in U.S. history was not, as Sen. Hagel now claims, an aberration. He voted consistently against fairness for LGBT people and there does not seem to be any evidence prior to his effort to become Secretary of Defense of any apology or retraction of his attack on James Hormel. And to those of us who admire and respect Mr. Hormel, Sen. Hagel's description of him as aggressive can only mean that the Senator strongly objected to Hormel’s reasoned, civil advocacy for LGBT people," Frank said.

Frank announced his opposition to Hagel's appointment one day after Obama appeared on NBC's Meet the Press and defended Hagel. Although Obama reiterated he has not made a final decision on his next defense secretary, he told host David Gregory that he saw nothing that would disqualify Hagel to replace Leon Panetta as the new Pentagon head.

Noting Hagel's 1998 comments criticizing President Bill Clinton's appointment of James Hormel as ambassador to Luxembourg, Obama said Hagel's subsequent apology speaks to the country's broader evolution on gay rights.

"With respect to the particular comment that you quoted, he apologized for it," Obama said. "And I think it's a testimony to what has been a positive change over the last decade in terms of people's attitudes about gays and lesbians serving our country. And that's something that I'm very proud to have led. And I think that anybody who serves in my administration understands my attitude and position on those issues."

Hormel, despite questioning the sincerity and timing of Hagel's apology, as well as many LGBT-rights groups, accepted Hagel's apology. For Frank, his opposition to Hagel's possible appointment was a departure from his longtime support for the president.

"I cannot think of any other minority group in the U.S. today where such a negative statement and action made in 1998 would not be an obstacle to a major Presidential appointment," Frank said.

With his statement, Frank joins Log Cabin Republicans — a group he has clashed with, labeling members "Uncle Toms" — in their opposition to Hagel's appointment. In a full-page ad in the Dec. 27 New York Times, the group of LGBT Republicans called Hagel "wrong" on "gay rights," Israel and Iran.

As a senator, Hagel consistently voted against legislation that would have expanded hate-crime protections to LGBT Americans. According to the Human Rights Campaign Congressional Scorecard, he earned a 0 percent for the 107th, 108th and 109th sessions of Congress. During the 110th session of Congress, Hagel earned a 20 percent due to his vote to reauthorize the President's Emergency Plan for AIDS Relief (PEPFAR), which, among other things, lifted the ban on HIV-positive visitors and immigrants.

President Barack Obama endorsed same-sex marriage in his home state of Illinois on Saturday, expressing his support through a spokesman for expected legislation that would legalize marriage equality in the state. 

Speaking to the Chicago Sun-Times, White House spokesman Shin Inouye said the president would vote for the measure if he was still serving in the Illinois General Assembly.

"While the president does not weigh in on every measure being considered by state legislatures, he believes in treating everyone fairly and equally, with dignity and respect," Inouye said. "As he has said, his personal view is that it's wrong to prevent couples who are in loving, committed relationships, and want to marry, from doing so. Were the president still in the Illinois State Legislature, he would support this measure that would treat all Illinois couples equally."

The Religious Freedom and Fairness Act could receive a vote as early as next month in the state Legislature, where Obama served as a state senator from 1997 to 2004 before being elected to the U.S. Senate.

The endorsement marked the first time Obama has expressed support for legislation to grant same-sex couples the right to marry and is an indication of where Obama stands on same-sex marriage legislation in other states. Through his re-election campaign, Obama endorsed same-sex marriage ballot measures last November in Maryland, Maine and Washington, though he largely avoided the preceding debate that brought those measures to the ballot.

Although the Illinois measure is expected to pass the state Senate, advocates expect it will face a harder fight in the House. Democratic Gov. Pat Quinn has vowed to sign the legislation if it reaches his desk. The General Assembly approved a civil unions law in 2011.

Obama's endorsement of the Illinois legislation comes after he submitted a survey to Outlines (now called the Windy City Times) during his state Senate campaign in 1996 expressing his support for same-sex marriage. As Obama's national profile rose, his position on same-sex marriage changed. Last May, Obama announced he supported the right of same-sex couples to marry during an interview with ABC News.

Although Obama's evolution on marriage equality has been rapid and unyielding since his May announcement, broader questions still remain as to the president’s position on a key issue headed for the Supreme Court that could have widespread consequences.

Obama has yet to indicate whether he believes the Constitution protects the right of same-sex couples to marry — an argument the Supreme Court will consider when they hear the case challenging California's Proposition 8.

Plaintiffs in the case have urged the Obama administration to take a public stance on the case, and with lead attorneys Ted Olson and David Boies expected to raise that broad question in their arguments before the high court, they are urging President Obama to weigh in.

Asked by Metro Weekly at a press briefing on Dec. 11 if the administration would take a public stance on the broader questions raised by that case, White House press secretary Jay Carney demurred. In an interview with Time the following day for the magazine's annual "Person of the Year," Obama again refrained from weighing in.

"We are looking at the cases right now," Obama said. "I've already been very clear about DOMA, so there is no doubt that we would continue the position we're on, that DOMA is unconstitutional and should be struck down. And I think the Prop. 8 case, because the briefs are still being written, I should probably be careful about making any specific comments on it."

President Barack Obama defended former Sen. Chuck Hagel on Sunday, describing the Nebraska Republican's apology for anti-gay comments made in 1998 as evidence of evolving attitudes toward gay people serving their country. 

Asked by David Gregory on NBC's Meet the Press if Hagel's previous statements disqualified him to serve as secretary of defense, Obama reiterated no decision has been made on who will replace Leon Panetta at the Pentagon, but said he sees nothing that would disqualify Hagel. 

"I've served with Chuck Hagel," Obama said. "I know him. He is a patriot. He is somebody who has done extraordinary work both in the United States Senate, somebody who served this country with valor in Vietnam, and is somebody who's currently serving on my Intelligence Advisory Board and doing an outstanding job."

Noting Hagel's 1998 comments criticizing President Bill Clinton's appointment of James Hormel as ambassador to Luxembourg, Obama said Hagel's subsequent apology speaks to the country's broader evolution on gay rights.

"With respect to the particular comment that you quoted, he apologized for it," Obama said. "And I think it's a testimony to what has been a positive change over the last decade in terms of people's attitudes about gays and lesbians serving our country. And that's something that I'm very proud to have led. And I think that anybody who serves in my administration understands my attitude and position on those issues."

In 1998, The Omaha World-Herald reported Hagel describing ambassadorial posts as "sensitive."

"They are representing America,” Hagel said. "They are representing our lifestyle, our values, our standards. And I think it is an inhibiting factor to be gay — openly aggressively gay like Mr. Hormel — to do an effective job."

In 1999, Hagel also voiced opposition to repealing "Don't Ask, Don't Tell," stating, "The U.S. armed forces aren't some social experiment."

Obama's comments marked the first time the president has weighed in on the controversy surrounding Hagel's prospective appointment. White House press secretary Jay Carney, while declining to comment on possible cabinet appointments, has defended Hagel is recent weeks, describing him as a "remarkable servant to this country."

On Dec. 21, with LGBT-rights advocates questioning whether Hagel's views had evolved since he left the Senate in 2009 and reports indicating Hagel was at the top of Obama's list to run the Pentagon, Hagel issued an apology and affirmed his support for open service in the military.

"My comments 14 years ago in 1998 were insensitive. They do not reflect my views or the totality of my public record, and I apologize to Ambassador Hormel and any LGBT Americans who may question my commitment to their civil rights. I am fully supportive of 'open service' and committed to LGBT military families," Hagel said in a statement.

Although many gay rights groups accepted Hagel’s apology, including the Human Rights Campaign and OutServe-SLDN, Hormel questioned the timing of Hagel's apology, but said he would support Hagel's nomination if he truly is committed to open military service and LGBT military families.

For Log Cabin Republicans, however, Hagel’s apology wasn’t enough. In a full-page ad in the Dec. 27 New York Times, the group of LGBT Republicans called Hagel "wrong" on "gay rights," Israel and Iran.

"Chuck Hagel's weak record on preventing nuclear proliferation in Iran, lack of confidence in our ally Israel as well as an aggressive history against the LGBT community is a no-go combination for a Secretary of Defense nominee," said LCR Executive Director R. Clarke Cooper in a statement.

President Barack Obama nominated Sen. John Kerry for secretary of state today. The announcement was anticipated by many who suspected Kerry would replace Secretary of State Hillary Clinton, but as the Massachusetts Democrat leaves the Senate after nearly 28 years, many wonder who will assume Kerry's Senate seat – and out Rep. Barney Frank is leaving his options open.

In an interview with Politico earlier this week, Frank did not rule out accepting a temporary appointment to Kerry’s Senate seat.

Massachusetts Gov. Deval Patrick (D) is now tasked with appointing a temporary senator to replace Kerry until a special election is held next year.

Frank, who will retire at the end of this term after more than three decades in the House, said he would not run in a special election, but would consider an appointment if Patrick were to offer it to him.

"The governor ought to be free to make whatever choices he makes. In Massachusetts, you're talking about an interim, not a permanent appointment. I certainly would not take on any long-term appointment," Frank said. "As for an interim thing, I think accepting offers that haven't been made is kind of presumptuous."

According to Politico: "Pressed to clarify, Frank said his answer was 'not a "no" or a "yes." Rejecting an offer that hasn't been made is also presumptuous.'"

When Kerry ran for president in 2004 against Republican President George W. Bush, it was believed Frank would seek Kerry’s Senate seat if he won the presidency, thus making Frank the first out member of the Senate if he was successful. However, Kerry lost. On Election Day 2012, Rep. Tammy Baldwin (D-Wisc.) successfully won her bid for the Senate, becoming the upper chamber’s first out member.

Advocates welcomed the possibility that Frank and Baldwin might serve together again in the Senate, if only briefly.

According to Denis Dison, vice president of communications for the Gay & Lesbian Victory Fund, "Few people would be more qualified to represent Massachusetts in the Senate. It would be a neat capstone to an incredible career in government."

The Human Rights Campaign, which praised Kerry as a "trailblazer in the fight for LGBT equality," also looked forward to the possibility of a Sen. Barney Frank.

"Barney Frank has had a distinguished career of public service and it speaks well of his dedication to our country that he would continue to be open to opportunities to serve the people of Massachusetts and the nation," HRC spokesman Michael Cole-Schwartz told Metro Weekly.

Patrick has not yet indicated who he will tap to fill Kerry's seat. Aside from Frank's comments, the widow of Sen. Ted Kennedy, Vickie Kennedy, has been mentioned as a possible appointment.

[Photo: Barney Frank (Courtesy of the U.S. House of Representatives).]

Facing the ire of LGBT-rights activists, former Sen. Chuck Hagel apologized today for anti-gay comments made in 1998 that surfaced yesterday.

In a statement provided to Politico, Hagel affirmed his commitment to open service and LGBT military families.

"My comments 14 years ago in 1998 were insensitive. They do not reflect my views or the totality of my public record, and I apologize to Ambassador Hormel and any LGBT Americans who may question my commitment to their civil rights. I am fully supportive of 'open service' and committed to LGBT military families," Hagel said.

Hagel has faced increased criticism from LGBT groups as his name continues to be floated as President Barack Obama's next secretary of defense. In 1998, The Omaha World-Herald reported on Hagel's criticism of President Bill Clinton's appointment of James C. Hormel as ambassador of Luxembourg, which warranted his apology today.

"Ambassadorial posts are sensitive," Hagel said at the time. "They are representing America. They are representing our lifestyle, our values, our standards. And I think it is an inhibiting factor to be gay — openly aggressively gay like Mr. Hormel — to do an effective job."

Ultimately confirmed despite Republican opposition, Hormel was the first out ambassador to represent the United States.

In 1999, Hagel also voiced opposition to repealing "Don't Ask, Don't Tell," stating, "The U.S. armed forces aren't some social experiment."

With many speculating whether the Nebraska Republican's views had evolved since he left the Senate in 2009, advocates accepted Hagel's apology.

"Senator Hagel's apology and his statement of support for LGBT equality is appreciated and shows just how far as a country we have come when a conservative former Senator from Nebraska can have a change of heart on LGBT issues," said Human Rights Campaign President Chad Griffin in a statement provided to Metro Weekly. "Our community continues to add allies to our ranks and we're proud that Senator Hagel is one of them."

Griffin added, "The next Defense Secretary should get off to a fast start and ensure LGBT military families have access to every possible benefit under the law. Every day these families continue to face unfair treatment and the Secretary can take meaningful action to remedy this discrimination."

Yesterday, Griffin called on Hagel to repudiate his comments, describing them as "unacceptable."

Hagel also faced criticism from OutServe-SLDN. In a statement, Allyson Robinson, executive director of OutServe-SLDN, said, "We are pleased that Senator Hagel recognized the importance of retracting his previous statement about Ambassador Hormel and affirming his commitment to Don't Ask, Don't Tell repeal and LGBT military families. We look forward to learning more about his commitment to full LGBT military equality as this confirmation process unfolds." 

Although Hagel earned a reputation as an independent after becoming one most vocal Republican defectors to criticize President George W. Bush for the war in Iraq, his record on LGBT rights is in line with some of the most conservative members of the Republican Party. He consistently voted against legislation that would have expanded hate-crime protections to LGBT Americans. According to the Human Rights Campaign Congressional Scorecard, he earned a 0 percent for the 107th, 108th and 109th sessions of Congress. During the 110th session of Congress, Hagel earned a 20 percent due to his vote to reauthorize the President's Emergency Plan for AIDS Relief (PEPFAR), which, among other things, lifted the ban on HIV-positive visitors and immigrants.

Hagel's apology for calling Hormel "openly aggressively gay" gives further credence to speculation that Hagel will replace Leon Panetta as head of the Pentagon, although the White House has continued to decline comment on whether he is being considered for defense secretary. Following Hagel's apology, a White House official reiterated that there were no new personnell announcements to make.

Press secretary Jay Carney has defended Hagel in recent weeks as Hagel has faced criticism not only for his positions on LGBT issues, but also comments he has made about Israel.

"The president thinks very highly of Sen. Hagel," Carney said at a Dec. 13 press briefing. "I think a lot of people in Washington and around the country, and especially in Sen. Hagel's home state, think very highly of him. But I have no news to make for you on that process."

UPDATE: James Hormel responded to Hagel's apology late Friday, questioning the sincerity of Hagel's remarks. Speaking to The Washington Post's Greg Sargent, Hormel said he has not heard from Hagel. "I thought this so-called apology, which I haven’t received, but which was made public, had the air of being a defensive move on his part," he said.

Hormel added that Hagel's apology seemed like it was "only in service of his attempt to get the nomination."

In a post on his Facebook page, Hormel appeared to be more accepting of Hagel's apology.

Senator Hagel's apology is significant--I can't remember a time when a potential presidential nominee apologized for anything. While the timing appears self-serving, the words themselves are unequivocal--they are a clear apology. Since 1998, fourteen years have passed, and public attitudes have shifted--perhaps Senator Hagel has progressed with the times, too. His action affords new stature to the LGBT constituency, whose members still are treated as second class citizens in innumerable ways. Senator Hagel stated in his remarks that he was willing to support open military service and LGBT military families. If that is a commitment to treat LGBT service members and their families like everybody else, I would support his nomination.

 [Photo: Chuck Hagel visits troops in Iraq in 2008 (Courtesy of Lance Cpl. Casey Jones/Wikimedia Commons).]

President Barack Obama has no illusions over what he has delivered when it comes to LGBT rights.

In an interview with Time for the magazine's annual "Person of the Year," Obama said progress made on LGBT rights is one of his proudest accomplishments of his first term. Noting a demographic shift in society that contributed to his re-election, Obama attributed generational divides to shifting views on LGBT issues. 

One of the things that I'm very proud of during my first four years is I think I've helped to solidify this incredibly rapid transformation in people's attitudes around LGBT issues — how we think about gays and lesbians and transgender persons. A lot of that just has to do with the fact that if you talk to Malia, the idea of making an anti-gay remark at her school is just unimaginable. They just don't get that.

And so, there are those attitudinal shifts that make up this new coalition as well. For all the divisions that you read about in our politics — and many of them are real and powerful — the truth is, is that we have steadily become a more diverse and tolerant country that embraces people's differences, and respects people who are not like us. And that's a profoundly good thing. That's one of the strengths of America. It was hard-fought. And there's been the occasional backlash, and this is not to argue that somehow racism or sexism or homophobia are going to be eliminated or ever will be eliminated. It is to argue that our norms have changed in a way that prizes inclusion more than exclusion.

And I do think that my eight years as President, reflecting those values and giving voice to those values, helps to validate or solidify that transformation, and I think that's a good thing for the country. And, by the way, it's part of what will make America a continued leader of the 21st century — because the world is shrinking, and one of our greatest assets is the fact that we have people from everywhere who want to come here because they know this is an open society, and they know that they will be judged more on their talents and their skills and their commitment to an ideal and a creed, as opposed to what tribe they come from or what God they worship. And that’s something that we should be grateful for.

Obama enjoyed overwhelming support among LGBT Americans in the 2012 election, largely credited to his decision in May to openly endorse the right of same-sex couples and the successful repeal of "Don't Ask, Don't Tell." In February 2011, the Obama administration also stopped defending the Defense of Marriage Act in court, arguing that the 1996 law banning federal recognition of same-sex marriage is unconstitutional. Obama's mention of "transgender persons" appears particularly significant as groups like OutServe-SLDN seek open service for trangender members of the military.

Advocates continue to press Obama on other issues, however, including an executive order that would prohibit federal contractors from discrimination on the basis of sexual orientation or gender identity. And with DOMA now before the Supreme Court, advocates have questioned whether the White House will take a public stance on the other marriage case before the high court.

Although Obama has said he opposed California's decision to amend the state's constitution in 2008 to ban same-sex marriage after already granting that right to same-sex couples, the White House has refused to say where it stand on the broader questions raised by the case challenging California’s Proposition 8. Asked by Metro Weekly on Dec. 11, White House press secretary Jay Carney declined to comment on the administration's stance on the Proposition 8 case nor if it believes the Constitution protects the rights of same-sex couples to marry. Carney also did not comment on Obama's reaction to the Supreme Court taking up the two cases.

In his interview with Time, which was conducted the day after that briefing, Obama said his administration was looking at the cases, but again declined to weigh in.

"We are looking at the cases right now," Obama said. "I've already been very clear about DOMA, so there is no doubt that we would continue the position we're on, that DOMA is unconstitutional and should be struck down. And I think the Prop-8 case, because the briefs are still being written, I should probably be careful about making any specific comments on it."

[Photo: Time magazine cover (Courtesy of Time.com).]

Cory Booker will not run for governor of New Jersey, the Newark mayor announced in a video uploaded to his YouTube page Thursday. Instead, the popular Democrat and high-profile ally of the LGBT community will explore a bid for the U.S. Senate.

Booker's announcement surprised many who suspected he would challenge New Jersey Gov. Chris Christie (R) in the 2013 gubernatorial race and has raised questions about the future of marriage-equality efforts in the Garden State.

"Let there be no doubt, I will complete my full second term as mayor of Newark, N.J.," Booker said. "And as for my political future, I will explore the possibility of running for the United States Senate in 2014."

Booker added that he looked forward to consulting with Sen. Frank Lautenberg (D-N.J.), who has served in the Senate since 2003. Lautenberg has not announced if he will seek re-election, but as the Senate’s oldest member he would be 90 years old if he were to run for another six-year term in 2014.

Christie's handling of Hurricane Sandy has seen the Republican governor's approval rating reach all-time highs. According to a Monmouth University/ Asbury Park Press Pollreleased earlier this month, Christie's approval rating among registered voters stands at 69 percent.

Booker's strong support for marriage equality left some to expect a showdown on the issue with Christie, who vetoed legislation in February that would have legalized same-sex marriage in the state. Advocates have vowed to override Christie's veto and have until January 2014 to do so.

As a mayor, Booker's profile in the Democratic Party has skyrocketed in recent years. In September, he addressed the Democratic National Convention in Charlotte, N.C., and in October spoke at the Human Rights Campaign’s National Dinner.

During his remarks at the HRC dinner, Booker promised that marriage equality in New Jersey would become law one way or another.

"When that bill is signed, I might have a very good seat for it," Booker said to cheers, alluding to his previous gubernatorial ambitions.

In his video statement released earlier today, Booker said marriage equality must be delivered to all Americans.

Despite Booker's decision, advocates tell Metro Weekly that Booker's decision to run for the Senate instead of governor will not hinder their efforts to secure same-sex couples' right to marry in New Jersey.

"Our operating principle is that we need to work with Garden State Equality and to line up the voters for an override of Gov. Christie's veto," said Marc Solomon, National Campaign Director for Freedom to Marry. "We, of course, would love to see a pro-equality governor of New Jersey, but I can’t say his decision really changes our own approach."

HRC spokesperson Michael Cole-Schwartz agreed, stating, "We believe we can make marriage equality a reality in New Jersey before the next Governor's race, making the question of who is running moot."

Christie vetoed the legislation on the grounds that New Jersey voters should have the right to vote on same-sex marriage. The State Assembly passed the bill 42-33 and would need 54 votes to override Christie's veto. The State Senate, which approved the bill 24-16, would need 27 votes.

[Screen shot: Cory Booker announces Senate run (Courtesy of YouTube).]

In an extensive interview with The Huffington Post, former Republican presidential candidate and Speaker of the House Newt Gingrich suggested the Republican Party must evolve on its stance on same-sex marriage and "deal with reality."

Although Gingrich said he continues to believe marriage is defined between a man and a woman, he said there could be a distinction made between a "marriage in a church from a legal document issued by the state."

"I think that this will be much more difficult than immigration for conservatism to come to grips with," Gingrich told The Huffington Post, referring to continued Republican soul searching on social issues many believe helped cost Republicans the presidency in 2012. "It is in every family. It is in every community. The momentum is clearly now in the direction in finding some way to ... accommodate and deal with reality. And the reality is going to be that in a number of American states -- and it will be more after 2014 -- gay relationships will be legal, period."

Gingrich – whose half-sister, Candace Gingrich-Jones, works at the Human Rights Campaign – oversaw the passage of the Defense of Marriage Act in 1996 as speaker of the House of Representatives. Gingrich said the tide on marriage equality has changed considerably since DOMA was signed into law by President Bill Clinton.

"I didn't think that was inevitable 10 or 15 years ago, when we passed the Defense of Marriage Act," he said. "It didn't seem at the time to be anything like as big a wave of change as we are now seeing."

Gingrich's comments came as a surprise to many advocates, who applauded his shifting views as reflective of national trends on marriage equality.

"Newt Gingrich reflects the experience that has changed the minds of so many Americans in understanding that LGBT people are a part of every family and community – including his own," said Human Rights Campaign President Chad Griffin in a statement. "His evolution resonates with people on a very personal level and is a quintessential example of why momentum is on the side of equality."

Griffin added that Gingrich's comments give other Republican leaders the room to embrace marriage equality. 

"The six million LGBT people who voted this election cycle, along with the decisive victories we secured across the board, make clear the direction in which our country is heading," said Griffin.

HRC quickly jumped on Gingrich's comments, releasing an image of Candace Gingrich-Jones responding to her brother's remarks. "It's not an easy journey," Gingrich-Jones is quoted as saying, "but I hope our family's experience can give a little hope to those who are on the same path."

At a rally for marriage equality in Maryland last February, Gingrich-Jones joked about her relationship with her brother. "We can't choose who we're related to," she said, "but we can choose our representatives."

According to R. Clarke Cooper, executive director of Log Cabin Republicans, "Gingrich speaks for many Republicans who are concerned about our party's future, and who are ready to accept the freedom to marry matters to many Americans, gay and straight. As he said, LGBT people are part of every family and every community, and the time has come for greater inclusion."

Cooper added that it is "particularly important and welcome to hear that Gingrich now understands the difference between church ceremonies and a civil marriage license, and that equality is no threat to religious freedom."

Young Conservatives for the Freedom to Marry also praised Gingrich in a statement, stating that the freedom to marry is in line with fundamental conservative beliefs.

"Our party must keep pace with the American people if it is to remain relevant in the political process, and as we saw in the recent election, we have some changes to make," the statement said.

On Election Day, marriage equality won at the ballot box in four states. With DOMA and California’s Proposition 8 now before the Supreme Court, many advocates have suggested momentum is on their side on same-sex marriage rights.

[Photo: Newt Gingrich (Courtesy of Gage Skidmore/Wikimedia Commons).]

[Editor's Note: This post has been updated to include statements from HRC, Log Cabin Republicans and Young Conservatives for the Freedom to Marry.]

A final attempt by outgoing anti-gay Rep. Todd Akin (R-Mo.) to target gay and lesbian troops by writing discrimination into the Pentagon's budget appears to have failed.

In the final language of the $633 billion defense authorization bill for fiscal year 2013, a provision authored by Akin that purported to protect the religious views of servicemembers and military chaplains on the "appropriate and inappropriate expression of human sexuality" has been watered down considerably.

Akin's provision, which was first introduced as part of the House version of the bill in May, was believed by many as an attempt to permit harassment and ban same-sex weddings from occurring on military bases, despite a Defense Department policy that already ensures no chaplain can be forced to perform a same-sex marriage.

The Senate and House versions of the bill were combined by lawmakers in a conference committee on Tuesday, which stripped much of Akin's language without doing away with theunnecessary provision entirely.

In the final language of Section 533 of the National Defense Authorization Act obtained by Metro Weekly, the "conscience clause" simply states that servicemembers' and chaplains' "moral principles" and "religious beliefs" must be accommodated "in so far as practicable."

Moreover, no member of the military may "require a chaplain to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or religious beliefs of the chaplain."

Chaplains are also protected against discrimination or "adverse personnel action" on the basis of their refusal to comply with any of the previously described rituals or ceremonies. According to a summary of the bill released by Democrats on the House Armed Services Committee, "The protection does not protect the speech or conduct of an individual, and preserves the authority to take disciplinary or administrative actions that threaten good order and discipline."

Akin made waves earlier this year when he said "legitimate rape" rarely causes pregnancy during his failed bid for Claire McCaskill's Senate seat.

Although the language is a stark improvement over what was originally proposed by Akin and pushed for by some House Republicans, LGBT advocates continue to voice trepidation to the inclusion of a "conscience clause" two years after Congress successfully repealed the military's ban on out servicemembers.

"On the second anniversary of the passage of 'Don't Ask, Don't Tell' repeal, it is disheartening that Congress included this unnecessary intrusion into matters that historically have been reserved for military commanders," OutServe-SLDN Executive Director Allyson Robinson said in a statement. "Department of Defense policy already guarantees that no service member or chaplain is ever punished for his or her religious beliefs unless he or she acts on those beliefs in a way inconsistent with military law or good order and discipline. It will now be up to the Pentagon to deal with this 'solution in search of a problem' and promulgate implementing regulations that preserve good order and discipline and empower commanders in the field to deal with anti-gay discrimination and bias when they occur."

Robinson added that the inclusion of such a clause – even watered down – speaks to the fact that some members of Congress remain bent on second-class status for gay and lesbian servicemembers.

"This fight is a reminder that the gains we have made are fragile and that we must be ready to defend them at a moment’s notice, even while we are pressing forward on issues such as military nondiscrimination protections for LGBT service members and benefits for same-sex spouses and families to achieve true equality in our military," Robinson said.

Earlier this week, advocates took a hard-line stance against the push for a more blatantly anti-gay provision before the final language of the bill was released. In a statement released Tuesday, R. Clarke Cooper, executive director of Log Cabin Republicans and a combat veteran, said Akin's language attempted to fix a nonexistent problem.

"There is no call for intrusion by members of Congress pushing an agenda targeting service members and their families for discrimination," said Cooper. "The last thing we need is Congressman Akin pulling us into a culture war through antigay amendments to the National Defense Authorization Act hiding behind religious freedom."

Democrats have been open about their opposition to any "conscience clause" in the defense budget, arguing that such protections already exist. According to Drew Hammill, spokesperson for House Minority Leader Nancy Pelosi, the California Democrat "strongly opposes the inclusion of a 'conscience provision' in the final NDAA conference report."

"This language is a completely unnecessary attempt to address a phantom problem," said Hammill. "'Don't Ask, Don't Tell' is in the dustbin of history where it belongs and Republicans need to stop trying to alter the tide of progress for gay and lesbian servicemembers."

[Photo: Todd Akin (Courtesy of the U.S. House of Representatives).]

The leaders of the nation's largest LGBT-rights organizations urged Republican leaders in the House of Representatives to cease funding the legal defense of the Defense of Marriage Act in a letter sent earlier today.

The letter comes after it was revealed last week that GOP leadership had signed-off on a $500,000 increase in funding for the contract with the private law firm hired by House Republicans to defend DOMA in court. The decision to raise the cap on DOMA's defense to $2 million was made on Sept. 28, but kept from Democrats and the public until Dec. 13.

In today's letter, eight LGBT leaders encouraged House Speaker John Boehner (R-Ohio), House Majority Leader Eric Cantor (R-Va.) and House Majority Whip Kevin McCarthy (R-Calif.) to end the taxpayer-funded contract with Bancroft, the D.C.-based law firm hired by the Republican-controlled Bipartisan Legal Advisory Group (BLAG).

"Americans have sent a clear message that they want lawmakers to focus on strengthening our economy, creating jobs, and securing a bright future for generations to come," the letter states. "Spending $2 million – and counting – on harming LGBT people and wasting precious time and resources that should be spent on more important issues is not the way to best serve the interests of the American people."

The letter is signed by Human Rights Campaign President Chad Griffin, OutServe-SLDN Executive Director Allyson Robinson, National Gay and Lesbian Task Force Action Fund Executive Director Rea Carey, National Gay & Lesbian Chamber of Commerce President Justin Nelson, Center for American Progress Executive Vice President of External Affairs Winnie Stachelberg, Immigration Equality Action Fund Executive Director Rachel Tiven, CenterLink Executive Director Terry Stone, Out & Equal Workplace Advocates Founding Executive Director Selisse Berry, Gay and Lesbian Medical Association Executive Director Hector Vargas and Forge Executive Director Michael Munson.

Of Boehner, Cantor and McCarthy, none responded to requests for comment from Metro Weekly.

Missing from the list of signees were the leaders of the country's two largest organizations for gay Republicans and conservatives. Neither R. Clarke Cooper, executive director of Log Cabin Republicans, nor Jimmy LaSalvia, executive director of GOProud, were asked to assist or informed about the letter.

LaSalvia said Metro Weekly's questions about the letter were the first he had heard of it.

"I have said before and continue to believe that the House defense of DOMA is a waste of tax-payer money. It would certainly be the first cut I would suggest if I were part of the fiscal cliff negotiations," LaSalvia wrote in an email to Metro Weekly.

"My position (and GOProud's) on DOMA has been consistent," LaSalvia added, "As a constitutional conservative and a strong defender of the Tenth Amendment, I believe that marriage and family law is the purview of the states, and the federal government should respect and recognize the states' decisions on marriage. DOMA was a huge federal power grab that should be repealed." 

According to Cooper, LCR was also not asked to assist with the letter. Cooper said LCR likely would not have participated with the final version of the letter, reiterating a statement made by LCR in March 2011 that the special counsel appointed by the House is required to defend the law, despite LCR's opposition to DOMA, until the nation's highest court has final say on its constitutionality.

"The House Counsel is a non-partisan administrative entity tasked with defending current statute passed by Congress. The law is entitled to a defense no matter how bad it may be, just as a murderer is entitled to a defense," Cooper said in an email.

According to HRC spokesman Michael Cole-Schwartz, "It goes without saying that we all share the same goal of wanting to see DOMA off the books and for the federal government to recognize all legally married couples. We will of course continue to work with them on DOMA repeal and our other shared priorities." 

With DOMA now before the Supreme Court, House Republicans appear ready to defend the 1996 law, which forbids federal recognition of same-sex marriages, until the end.

Last week, hours before the public learned the monetary cap on DOMA's legal defense had been raised to $2 million, Boehner said, "If the Justice Department is not going to enforce the law of the land, the Congress will."

READ the full letter here:

DOMA Letter

Sen. Daniel Inouye, one of the upper chamber's strongest supporters of LGBT equality, died Monday at the age of 88. The Hawaii Democrat was the longest-serving senator in the current Congress and the second longest-serving senator in American history.

The nine-term senator's death came after he was admitted to Walter Reed National Military Medical Center in early December for respiratory complications. According to his office, his last word was "Aloha."

A World War II veteran who lost his right arm to a German hand grenade after being shot in the stomach while fighting in Italy, Inouye received the Medal of Honor. He became the first Japanese-American to serve in Congress when he was elected to the House of Representatives in 1959 after Hawaii achieved statehood. 

Inouye was a supporter of LGBT-rights throughout his political career. In 1996, he was one of only 14 senators to vote against the Defense of Marriage Act. Later signed into law by President Bill Clinton, the federal law forbids federal recognition of same-sex marriage and is awaiting a ruling on its constitutionality by the Supreme Court. He supported the repeal of DOMA, voted against a constitutional amendment banning same-sex marriage and was a co-sponsor of the Employment Non-Discrimination Act. He also voted to expand hate-crime protections to LGBT Americans.

Inouye praised President Barack Obama's support for marriage equality in May, stating, "How can we call ourselves the land of the free, if we do not permit people who love one another to get married? I look forward to working with the President to ensure his position on marriage equality becomes law in this country." In a statement released Monday, Obama described Inouye as a "true American hero."

As an Army veteran, Inouye supported the repeal of "Don't Ask, Don't Tell." In Dec. 2010, responding to a Pentagon study calling for the repeal of the discriminatory ban on out gays and lesbians in the military, Inouye released a statement calling for an end to DADT.

"In every war we have had men and women of different sexual orientation who have stood in harm's way and given their lives for their country. I fought alongside gay men during World War II, many of them were killed in combat," he said. "Are we to suggest that because of their sexual orientation they are not heroes?"

In a statement released Monday evening, Vice President Joe Biden described Inouye as "courage personified."

"To his dying day, he fought for a new era of politics where all men and women are treated with equality," Biden said.

LGBT-rights advocates remember Inouye's legacy as a longtime supporter of LGBT equality.

"Few have done so much for so many as Senator Daniel Inouye," said Human Rights Campaign President Chad Griffin in a statement. "Senator Inouye was a trailblazing leader and he will remain in our memories for standing with his LGBT sisters and brothers from day one. We will miss him, and every American should be grateful to have been touched by the life of this remarkable man."  

OutServe-SLDN Executive Director Allyson Robinson said Inouye will be remembered as an "advocate for fairness and equality, becoming a key supporter of the movement to repeal the discriminatory 'Don't Ask, Don't Tell' law when the chips were down and it mattered the most."

Equality Hawaii Co-Chair Scott Larimer added his voice, stating that Inouye had "long been a beacon of hope for those who endured ridicule and retribution for being different."

"His legacy of fairness and equality will endure the test of time," added Jacce Mikulanec, Equality Hawaii Action Fund co-chair.

As president pro tempore of the Senate, Inouye was third in line for the presidency after the vice president and speaker of the House. Sen. Patrick Leahy (D-Vt.), now the longest-serving Democrat in the Senate, will assume the Senate leadership position vacated by Inouye. Hawaii Gov. Neil Abercrombie (D) will select a replacement for Inouye's Senate seat, who will serve out the remainder of his term until the 2014 midterm election.

[Photo: Daniel Inouye (Courtesy of Wikimedia Commons).]

The White House hosted what appears to have been its first ever same-sex engagement.

On Saturday, U.S. Marine Corps Captain Matthew Phelps dropped to one knee in the main hall of the White House to propose to his partner, Ben Schock. 

The engagement was caught on camera during a holiday tour of the White House for 50 members of the American Military Partner Association and the Military Partners and Families Coalition, which posted photos of the proposal on Facebook that quickly went viral. 

Writing on his Facebook page, Phelps said he was blown away by the love and support the couple has received. "Such a special night surrounded by wonderful people in an amazing place, and the best is still yet to come with Ben Schock," Phelps wrote. 

In an email to Metro Weekly, Phelps said the reaction has been overwhelming.

"I wanted only to make the night a special and memorable one for Ben, and have a few friends help me coordinate to make it a surprise," Phelps wrote. "I had no idea other people would be taking pictures and posting them online."

Although the couple met in 2010, their first date wasn't until June 2012 at the White House for an LGBT Pride Month reception. It was there that a transgender man proposed to his girlfriend in what is believed to be the White House's first LGBT engagement. Phelps said that when he received an invitation to the White House holiday tour on Dec. 15, the six month anniversary of their first date, it was "too big to pass up."

Despite the joyful occasion and outpouring of support, Phelps says the road ahead will be challenging as the Defense of Marriage Act prohibits the Department of Defense from recognizing their marriage.

"As a same-sex military spouse, Ben won't be entitled to the same rights and privileges as opposite-sex married spouses. We won't be allowed base housing, he won't be entitled to health care coverage, and he won't officially be allowed to accompany me if I am stationed overseas, which is what I am expecting after I graduate from Marine Corps University in May," Phelps said.

Nevertheless, the couple is planning a spring wedding in either Schock's home state of Washington or in Washington, D.C., where they currently live.

"Who knows," said Phelps, "maybe the President and First Lady will let us have all our special moments there!"

[Photos: Matthew Phelps proposes to Ben Schock at the White House (via Facebook).]

Politics as usual came to a standstill for many in Washington today after a horrific shooting at an elementary school in Connecticut. 

Police in Newton, Conn., confirm that 27 were killed this morning, including 20 children, six adults and the shooter. Reports indicate the shooting occurred shortly after 9:30 a.m. at Sandy Hook Elementary School.

According to the Associated Press, the shooting appears to be the second-deadliest school shooting in the nation's history. The most deadly occurred at Virginia Tech in 2007, leaving 32 people and the gunman dead. The shooter's motivation remains unclear.

Despite the somber tone in Washington, some sought to credit secular culture for the violence in Connecticut. Bryan Fischer of the anti-gay American Family Association took to Twitter to blame the shooting on "America's cultural decay."

"When we had God and prayer in our public schools, we didn't need guns," Fischer tweeted, adding, "We've spent 50 years kicking God out of our public schools, then wonder why he's not around when we need him."

During an appearance on Fox News, former Arkansas governor and Republican candidate for president Mike Huckabee attributed a lack of faith in God to today's violence.

"We ask why there's violence in our schools, but we’ve systematically removed God from our schools," Huckabee said. "Should we be so surprised that schools would become a place of carnage because we've made it a place where we don’t want to talk about eternity, life, what responsibility means, accountability?"

During remarks this afternoon, a teary-eyed President Barack Obama struck a different tone, pausing several times to regain his composure.

"We've endured too many of these tragedies in these past few years and each time I learn the news I react not as a president but as anyone else would as a parent and that was especially true today," Obama said Friday afternoon from the James S. Brady Press Briefing Room at the White House, which was renamed in 2000 for the press secretary wounded during the assassination attempt on President Ronald Reagan in 1981.

Human Rights Campaign President Chad Griffin joined in expressing condolences to the victims and their families in a statement released Friday.

"The entire HRC family mourns today’s horrific tragedy in Newtown," Griffin said. "We extend condolences, thoughts and prayers to the families of the victims as well as to the entire state of Connecticut which is still reeling from this senseless act violence. We note with sadness that it was less than a week since two innocent lives were lost at a mall in Oregon, and we offer our well-wishes and support to law enforcement officials investigating these truly heinous crimes."

Although Obama did not address gun control during his remarks, he hinted at the possibility of legislative action, stating, "We're going to have to come together and take meaningful action to prevent more tragedies like this, regardless of the politics."

WATCH Obama's full remarks here:

House Republicans are edging closer to the $2 million mark in their defense of the 1996 law that prohibits federal recognition of same-sex marriages.

CQ Roll Call first reported that House Administration Chairman Dan Lungren (R-Calif.) signed off on a $500,000 increase in funds for the contract with the private law firm hired by House Republicans to defend the Defense of Marriage Act in court.

What's more, the increase in taxpayer dollars set aside to defend DOMA was approved Sept. 28, but not revealed to the public or House Democrats until this week. According to a statement released by House Minority Leader Nancy Pelosi (D-Calif.), Lungren only shared the release with Democratic committee members on Thursday. 

Nearly three weeks after Lungren's decision and without any knowledge the cap on DOMA's defense had been raised to $2 million, House Democrats criticized House Speaker John Boehner (R-Ohio) on Oct. 16 as GOP legal bills approached $1.5 million for standing on "the wrong side of history at taxpayer expense."

In a statement released yesterday, Pelosi echoed those criticisms, arguing that the decision to hide the contract from voters in the midst of an election season was a "cynical move at best, and a betrayal of the public trust at worst."

"Here they go again," Pelosi stated. "It's bad enough that Speaker Boehner and House Republicans are wasting taxpayer dollars to defend the indefensible Defense of Marriage Act – and losing in every case. Now, they have reached a new low – signing a secret contract to spend more public money on their legal boondoggle without informing Democrats. Their actions are simply unconscionable; their decisions are utterly irresponsible."

The House Bipartisan Legal Advisory Group, which is controlled by Republicans, has been at the forefront of defending DOMA since the Obama administration’s February 2011 decision to stop defending the law on the grounds that it is unconstitutional. With the Supreme Court's decision to hear arguments on DOMA, Pelosi said "there is no end in sight for the Republican legal effort."

Just hours before Thursday's revelation, Boehner declined to say if the $1.5 million cap would be raised now that DOMA is before the Supreme Court.

"If the Justice Department is not going to enforce the law of the land, the Congress will," Boehner said before ending a press conference with reporters.

[Photo: John Boehner (left) and Dan Lungren (Courtesy of the House of Representatives).]

Advocates are voicing concerns amid reports that former Sen. Chuck Hagel is at the top of President Barack Obama's list to become the next Secretary of Defense.

In a statement released Thursday, OutServe-SLDN Executive Director Allyson Robinson expressed confidence in Obama's final decision, but alluded to the Nebraska Republican's lackluster record on LGBT rights as speculation continues to circulate that he will replace current Secretary of Defense Leon Panetta.

"At OutServe-SLDN, we expect that anyone being considered by the President for the Secretary of Defense post would embrace one of the signature accomplishments of this administration - the repeal of 'Don't Ask, Don't Tell' - and would be prepared to demonstrate his or her firm commitment to fairness and equality for our nation's men and women in uniform," Robinson said.

Robinson added that should Hagel, who is an Army veteran, be selected as the next defense secretary, OutServe-SLDN would work with him to achieve Obama's priorities for the armed forces.

"Finishing the work of repeal - and the important next steps toward achieving equality in the military - need to happen during the tenure of the next Secretary of Defense," Robinson said.

Since Obama's re-election, OutServe-SLDN has refocused its efforts to secure full benefits for same-sex military couples and open the military to transgender Americans, who are still banned from serving.

Although Hagel earned a reputation as a moderate during his years in the Senate, his record on LGBT rights is in line with some of the most conservative members of the Republican Party. He consistently voted against legislation that would have expanded hate-crime protections to LGBT Americans. According to the Human Rights Campaign Congressional Scorecard, he earned a 0 percent for the 107th, 108th and 109th sessions of Congress. During the 110th session of Congress, Hagel earned a 20 percent due to his vote to reauthorize the President's Emergency Plan for AIDS Relief (PEPFAR), which, among other things, lifted the ban on HIV-positive visitors and immigrants.

It remains unclear if Hagel's positions have evolved since he left the Senate. Hagel voiced opposition to repealing "Don't Ask, Don't Tell" in 1999, stating, "The U.S. armed forces aren't some social experiment."

According to HRC spokesman Michael Cole-Schwartz, "If Senator Hagel is nominated and confirmed as Secretary of Defense we look forward to working with him on issues important to our men and women in uniform – particularly those who now serve openly yet do not receive the same treatment as their straight counterparts."

Hagel was one of the most vocal Republican defectors to criticize President George W. Bush for the war in Iraq. He left the Senate at the end of his term in 2009 after announcing in 2007 he would not seek re-election. Much as is the case today, Hagel's friendly relationship with then-Sen. Obama fueled speculation that Obama would appoint Hagel to his cabinet.

"Chuck Hagel is a great friend of mine and I respect him very much," Obama told The Sunday Times of London during the 2008 presidential campaign.

Bloomberg reports that Hagel has passed the vetting process by the White House Counsel's office and is awaiting final word from the president on his nomination. Hagel reportedly visited the White House on Dec. 4 to discuss the position with Obama.

The White House has refused to comment on any potential cabinet appointments, including Hagel's. At a press briefing earlier this afternoon, White House press secretary Jay Carney declined to speculate about Hagel's appointment.

"The president thinks very highly of Sen. Hagel," said Carney. "I think a lot of people in Washington and around the country, and especially in Sen. Hagel's home state, think very highly of him. But I have no news to make for you on that process."

[Photo: Sens. Jack Reed (left), Barack Obama and Chuck Hagel visit Kuwait in July 2008 (Courtesy of Wikimedia Commons).] 

The Senate's first out member is expected to serve on the committee that oversees the legislation that has become one of the last rallying points of the LGBT-rights movement.

Sen.-elect Tammy Baldwin's (D-Wisc.) assignment to the committee on Health, Education, Labor & Pensions for the 113th Congress was approved today by the Democratic Steering Committee.

The HELP committee has primary jurisdiction over the Employment Non-Discrimination Act, which, if passed, would prohibit employers from discriminating on the basis of sexual orientation or gender identity. Baldwin was also named to the Homeland Security and Governmental Affairs Committee, which has jurisdiction over the Domestic Partnerships Benefits and Obligations Act. DPBO, which Baldwin was a sponsor of in the House, would grant the same-sex spouses of federal employees the same benefits enjoyed by their straight colleagues, including health insurance and government pensions.

Although the committee assignments must be approved by the full Democratic caucus before the passage of a resolution by the Senate in January, advocates lauded Baldwin's appointment as giving voice to a piece of legislation that has faced decades of setbacks.

"We congratulate Senator-elect Tammy Baldwin on her selection to the Senate committee that will move ENDA forward. She has been a tremendous champion for workplace fairness, and we are thrilled that she will bring her powerful voice to the upcoming debate about whether all LGBT Americans deserve a fair shot at the American dream," said Freedom to Work President Tico Almeida in a statement.

Almeida, who helped draft portions of ENDA as former lead counsel for the proposed legislation for the House of Representatives Committee on Education and Labor, added that Baldwin's appointment left his organization hopeful that ENDA would finally move out of committee and receive a vote on the Senate floor.

"Republican Senators on the HELP Committee are so uncomfortable in openly opposing ENDA that not a single one showed up to the hearing on the bill earlier this year to state their opposition. It will be even tougher for some of those Republican Senators to oppose ENDA when they have to look Senator Baldwin in the eyes while voting against giving LGBT Americans a fair shot to hold a job and build a career," Almeida added in an email to Metro Weekly, arguing that Baldwin's voice has a "real shot to persuade some undecided Senators."

Human Rights Campaign spokesman Michael Cole-Schwartz said the nation's largest LGBT-rights organization is looking forward to working with Baldwin on these key pieces of LGBT legislation.

"The appointment of Senator-Elect Tammy Baldwin to serve on key committees with jurisdiction over LGBT equality legislation is welcome news," Cole-Schwartz said in a statement.

ENDA remains one of the last major battles for the LGBT-rights movement. Legislation similar to ENDA has been introduced in Congress since the 1970s and faced continuous opposition from Republicans.

In a statement following the committee assignments, Senate Majority Leader Harry Reid noted that the Democratic caucus is "more diverse than ever," with a record 16 female senators.

Reid added, "These committee assignments will allow all members of our caucus to bring their unique talents and expertise to bear as we work together to advance the interests of the middle class."

[Photo: Tammy Baldwin (Courtesy of Tammy Baldwin for Senate).]

In a joint interview with Piers Morgan on CNN last night, three of the Senate's most visible faces sounded off on same-sex marriage and the Supreme Court's decision to hear arguments in two cases concerning marriage equality.

Sens. Lindsey Graham (R-S.C.), John McCain (R-Ariz.) and Joe Lieberman (I-Conn.) discussed the possibility that the high court could rule in the Proposition 8 case that the U.S. Constitution protects the rights of same-sex couples to marry, thus rendering state laws banning same-sex marriage null.

Graham, who has previously supported a constitutional amendment banning same-sex marriage, appeared to waffle on his position, stating that he believes marriage should be decided at the state level. Amending the Constitution to ban same-sex marriage would forbid states from deciding the issue on their own. 

"In my state, we're not going to change the traditional definition of marriage and I would support the traditional definition of marriage not out of hate but out of that I believe that's just best for society," said Graham. "At the end of the day states will come out differently on this issue and I think that’s the way it should be."

"That's the principle of the conservative federalist belief," added McCain.

After briefly comparing same-sex marriage to polygamy, Graham also argued that if "the people" wanted to permit same-sex marriage, Congress should pass a constitutional amendment making marriage equality the law of the land, much as the 14th Amendment outlawed slavery.

"The question for us is who should decide these things? Should it be a handful of judges or should it be the people themselves? And I come out on the side of the people themselves. Different people will look at it differently," Graham said. "But slavery was outlawed by a constitutional amendment. If you want to propose a constitutional amendment legalizing same-sex marriage and it passes, that's the law of the land."

WATCH part of the exchange here via ThinkProgress:

The White House refused to weigh in Tuesday on the Supreme Court's decision to take up the case challenging California's Proposition 8.

At a press briefing this afternoon, White House press secretary Jay Carney declined to comment on the administration's stance on the Proposition 8 case nor some of the broader questions raised by the case, including whether the Constitution protects the rights of same-sex couples to marry. Carney would not say what President Barack Obama’s reaction was to the high court taking up the Proposition 8 case or the Defense of Marriage Act case surrounding Edith Windsor.

METRO WEEKLY: Jay, will the administration take a public stance on the Proposition 8 case that was taken up by the Supreme Court on Friday, in particular some of the broader questions raised by that case, including whether or not the Constitution protects the rights of same-sex couples to marry? 

CARNEY: Well, I appreciate the question, but for comment on the court's actions on that case I would point you to the Department of Justice. As you know the administration is not a party to this case and I just have nothing more for you on it.

MW: Did the president have any reaction to the court taking up the DOMA or the Prop. 8 case?

CARNEY: I have nothing more for you on that. Appreciate it.

Although the Obama administration has been clear in its views regarding DOMA since announcing in February 2011 that the Justice Department would no longer defend in court the discriminatory 1996 law on the grounds that Section 3, which forbids federal recognition of same-sex marriage, is unconstitutional, the administration has been far less vocal about any views related to the Proposition 8 case.

The Justice Department has refused to comment on Friday's Supreme Court activity, although reports suggest that plaintiffs in the Proposition 8 case plan to lobby the administration to file a brief with the Supreme Court in their favor.

During a Dec. 7 conference call with reporters shortly after the Supreme Court announced it would take up the Proposition 8 case, one of the lead attorneys for the plaintiffs, Ted Olson, urged the Obama administration to make its position known.

"I would hate to predict what the United States government is doing, but given the stand the president of the United States and the attorney general of the United States made with respect to marriage equality, we would certainly hope that they would participate," Olson said. "And I'm quite confident that if they did participate that they would support our position in this case that the denial of equal rights is subject to close scrutiny by the courts and cannot withstand that scrutiny. It's a denial of rights, and it's quite clear that it is."

Although Obama has said he opposed California's Proposition 8, which amended the state's Constitution in 2008 to ban same-sex marriage after already granting that right to same-sex couples, he has not addressed the broader issues raised in the rulings against Proposition 8, in particular whether he believes the U.S. Constitution prohibits states from banning same-sex marriage.

Advocates have argued that a public stance from the Obama administration would aid their cause and fuel the political climate that can affect the opinions of justices seeking to be on the right side of history.

[Photo: The White House (Credit: Justin Snow/Metro Weekly).]

 Watch Metro Weekly's exchange with Carney here:

Less than a week after the Supreme Court announced it would weigh in on same-sex marriage, Justice Antonin Scalia defended anti-gay legal opinions he has written as one of the high court's nine justices during an appearance at Princeton University. 

According to the Associated Press, Scalia was asked by a gay student Monday night to explain why he equates laws banning sodomy to laws banning bestiality and murder.

"If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?” Scalia asked, adding that he was not equating homosexuality to murder but the similarities to the bans on both.

"It's a reduction to the absurd. ... I don't think it's necessary but I think it's effective," Scalia said, according to The Daily Princeton.

"I'm surprised you weren't persuaded," he added.

The student, freshman Duncan Hosie, questioned Scalia's dissenting opinion in Lawrence v. Texas, which struck down a Texas anti-sodomy law in 2003.

Although Scalia declined to address issues currently before the court, his defense of his Lawrence dissent offers a glimpse as to where Scalia, one of the high court's most conservative justices, will come down in the cases concerning the Defense of Marriage Act and California’s Proposition 8.

Scalia also reiterated his view that the Constitution is not a "living document" up for interpretation.

"It isn't a living document," Scalia said. "It's dead, dead, dead, dead."

"My Constitution is a very flexible one," he added. "There's nothing in there about abortion. It's up to the citizens. ... The same with the death penalty."

As Metro Weekly noted earlier today, Scalia and the swing justice on the court, Anthony Kennedy, clashed in the 2003 case regarding anti-sodomy laws.

"The petitioners are entitled to respect for their private lives," Kennedy, a social libertarian who sometimes votes with the court's four conservative justices, wrote in his majority opinion. "The State cannot demean their existence or control their destiny by making their private sexual conduct a crime."

Scalia, writing the dissenting opinion, accused the court of signing onto the "so-called homosexual agenda" directed at "eliminating the moral opprobrium that has traditionally attached to homosexual conduct."

Scalia added, in part, "If moral disapprobation of homosexual conduct is 'no legitimate state interest' … what justification could there possibly be for denying the benefits of marriage to homosexual couples?"

[Photo: Antonin Scalia (Courtesy of Wikimedia Commons).]

In a renewed effort to support LGBT-rights organizations, the Arcus Foundation will announce a $50,000 grant today to the country's largest military LGBT-rights organization in support of its new leader.

OutServe-SLDN's new executive director, Allyson Robinson, is the recipient of the grant, which is the first of a number of "New Leadership" grants Arcus plans to make as part of an initiative going into 2013.

"A movement is only as strong as its leadership," said Arcus Foundation Executive Director Kevin Jennings in an interview with Metro Weekly last week. "One of the things we want to do is really make sure that when somebody is an especially exciting new leader, which we think Allyson is, that we want to immediately step in and support them."

The one-time grant comes after OutServe and Servicemembers Legal Defense Network finalized their merger in October and named Robinson as the newly combined organization's leader. Robinson, who is a West Point graduate and Army veteran, is also the first transgender person to lead a non-trans-specific LGBT organization.

"Allyson is a rock star," said Jennings. "She's exactly the kind of high-quality talent we want to see in leadership roles in the LGBT movement." Jennings added that Arcus has had a longstanding commitment to diversity in the LGBT movement and that Robinson "represents a important step forward in diversifying the leadership of the LGBT movement."

Robinson said the selection as the first leader to be awarded the grant under the new program is a tremendous honor for her and her organization. 

"It is an acknowledgment of the organization and an affirmation of the organization's choice to make its inclusive values concrete and real by selecting me not because I'm a trans person, but because I am a person who is very well qualified to do this work who happens to be transgender," Robinson told Metro Weekly. "It's really an amazing gift to us that arrives just at the right time as we're moving forward with all of the practicalities of merging these two very strong, very effective organizations into one organization."

With 6,000 members who represent an estimated 67,000 LGBT servicemembers in the American military, OutServe-SLDN has renewed its effort to secure full equality in the military since hiring Robinson in October.

"This grant represents a real vote of confidence in the strength of this organization moving forward, the need for this organization and our ability to accomplish our mission," said Robinson.

According to Jennings, the fights that remain in securing full benefits for same-sex military couples as well as achieving open service for transgender people played a role in Arcus's decision to award the grant to Robinson and OutServe-SLDN.

"A lot of people think that because we've repealed 'Don't Ask, Don't Tell,' we’re done. I don't think that's the case," said Jennings. "I think we are at the end of the beginning, not the beginning of the end of the work we need to do to make the military, which is the largest employer in America, into a truly fair workplace for LGBT people. We’re not even at the end of the beginning for T people because it's still illegal for them to be in the military."

The Arcus Foundation, which was founded in 2000 by Jon Stryker with a dual and divergent mission – equality for LGBT people and conservation of the world's great apes – announced this fall a new social-justice strategy that focuses on building support and advocacy for LGBT equality among young people and people of color.

According to Jennings, the "New Leadership" grants are part of the first phase of a three-phase effort to be announced in early 2013.

"If you look at who's in the military it is young people and people of color, disproportionately," said Jennings, adding that those two demographics make up the bulk of the constituency served by OutServe-SLDN. "A lot of folks think the battle to make the military a fair and equal place is over," said Jennings. "We think it's just starting."

[Photo: Allyson Robinson (Credit: Todd Franson/Metro Weekly).]

Hate crimes against gays and lesbians are on the rise in America, according to the latest report from the Federal Bureau of Investigation. 

Released earlier today, the FBI's annual Hate Crime Statistics report for 2011 shows crimes targeting people on the basis of their perceived sexual orientation increased slightly from 2010. 

Of the 6,216 reported hate crimes with one motivator, 20.8 percent resulted because of a person’s perceived sexual orientation. Although reported "single-bias" hate crimes were down from 6,624 in 2010, incidents resulting from sexual orientation bias were up from 19.3 percent in 2010.

The increase in crimes against those perceived to be gay or lesbian made sexual orientation bias incidents the second most common hate crime in 2011 for the first time.

Racial bias incidents continue to make up a majority of reported hate crimes, with 46.9 percent reported in 2011. However, sexual orientation bias hate crimes now trump religious bias (19.8 percent), ethnicity/national origin bias (11.6 percent) and disability bias (0.9 percent) hate crimes. 

Hate crime statistics are submitted to the FBI by local law enforcement agencies voluntarily, so the actual number of incidents is likely higher.

The report does not take into account crimes committed on the basis of gender identity, although that will soon change. Under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, the FBI will add new bias categories of gender and gender identity and begin collecting data to be released in 2014. 

While the number of reported hate crimes increased by just 16 from the previous year, Human Rights Campaign President Chad Griffin said the report is a reminder of the threats that still come with being gay.

"The 2011 FBI hate crimes data is a sad reminder that even as we make great strides toward equality under the law, LGBT people in face dangers in America," Griffin said in a statement. "We must rid our country of the violence that has devastated our community for far too long."

Griffin commended coming efforts to take into account crimes committed against transgender Americans, "who face violence at alarming and disproportionate rates."

[Chart: Breakdown of 2011 reported hate crimes (Courtesy of the FBI).]

The Supreme Court announced Friday that it will hear a pair of cases regrarding state and federal same-sex marriage laws, determining the constitutionality of California's Proposition 8 and the 1996 Defense of Marriage Act.

In an order released Friday afternoon, the high court granted review of Edith Windsor's DOMA challenge and the Proposition 8 case. Oral arguments in the two cases will likely begin in March 2013 with a ruling expected in June.

First reported by SCOTUSblog, the announcement comes after weeks of delays that left many speculating which of the multiple cases surrounding marriage equality petitioned for review would be heard by the high court.

Windsor has been challenging DOMA since 2010, following the death of her wife, Thea Spyer. Windsor is suing to recoup about $363,000, federal estate tax she was forced to pay on her inheritance from Spyer. The federal government does not tax inheritances that pass from one spouse to the other, but because of DOMA the federal government has refused to recognize Windsor and Spyer's marriage. According to the ACLU, payment of the federal estate tax is one of the most damaging impacts of DOMA. 

Living most of their lives in New York City's Greenwich Village, Windsor and Spyer married in Canada in May 2007, 50 years into their relationship. They were first engaged in 1967. Nevertheless, Windsor's lawyers say the government still views them as legal strangers.

Several federal courts have ruled that section 3 of DOMA unconstitutionally discriminates against same-sex couples.

The Supreme Court's decision to hear the Proposition 8 case comes after the California law was struck down by the Ninth Circuit Court of Appeals. Supporters of Proposition 8 petitioned the case after the court of appeals refused to rehear the case in June with the hope that the Supreme Court will reverse the lower court's decision and keep the amendment intact.

The appeals court ruled in February that California could not take away rights that the state had previously granted to residents. That ruling came after a U.S. district court also struck down Proposition 8 on the grounds that no state could deny same-sex couples the right to marry.

Attorneys for opponents of Proposition 8 had asked the Supreme Court not to consider the case.

Plaintiffs opposing Proposition 8, including lead attorneys Ted Olson and David Boies, argued the decision by the Ninth Circuit Court of Appeals to strike down Proposition 8 does not warrant review because it does not conflict with any Supreme Court decision or any other court of appeals.

Moreover, they argued that each day gay Californians' right to marry is denied "is a day that can never be returned to them — a wrong that can never be remedied."

Had the court announced it would not hear Hollingsworth v. Perry, then the decision by the Ninth Circuit Court of Appeals against Proposition 8 would stand and same-sex marriages could have resumed in California as early as next week. Proposition 8 was approved by California voters in 2008 and amended the state's Constitution to ban same-sex marriages after the state had already granted that right to gay couples.

LGBT-rights advocates praised the high court’s picks, despite their decision to take up the Proposition 8 case.

"Today is a milestone day for equal justice under the law and for millions of loving couples who want to make a lifelong commitment through marriage," said Human Rights Campaign President Chad Griffin in a statement. Griffin said he is confident the court will rule favorably in both cases.

In a conference call with reporters after the Supreme Court's announcement, lead attorneys for the plaintiffs in the Proposition 8 case, Olson and Boies, also expressed excitement, despite originally arguing that the court should not take up the case.

"We felt all along that this case was a perfect vehicle to decide the fundamental rights of all Americans with respect to the right to marry," said Olson, noting that their arguments against taking up the case were based on their desire to see same-sex couples in California be allowed to marry right away.

Olson also encouraged the Obama administration to take a public stand on the Proposition 8 case. Although the Obama administration has been clear in their opposition to DOMA after declaring the law unconstitutional in February 2011, the White House has refused to comment on the Proposition 8 case. The Justice Department did not immediately respond to requests for comment from Metro Weekly.

Asked if a Supreme Court ruling in the Proposition 8 case could have an impact outside of California, Boies said a broad ruling from the Supreme Court could have an impact in states across the country.

"This is the United States Supreme Court and as we expect it will and certainly as some of the justices will probably address the fundamental merit issue of whether discrimination against gays and lesbians and the right to marry is unconstitutional under the federal constitution," Boies said. "And if they decide that, as we're confident they will if they reach that issue, our way, that would mean there would be a fundamental right to marry in every state in the country because obviously the federal constitution applies to every state in the country."

[Photo: The Supreme Court building (Courtesy of Wikimedia Commons).]

Anti-gay Sen. Jim DeMint announced Thursday that he would resign from the Senate to head one of the country's largest conservative think tanks.

The South Carolina Republican will leave the Senate Dec. 31, according to CNN. DeMint, who was first elected in 2004 and re-elected in 2010, will become the new head of the Heritage Foundation.

"I'm leaving the Senate now, but I'm not leaving the fight," DeMint said in a statement. "I've decided to join The Heritage Foundation at a time when the conservative movement needs strong leadership in the battle of ideas. No organization is better equipped to lead this fight, and I believe my experience in public office as well as in the private sector as a business owner will help Heritage become even more effective in the years to come."

DeMint outraged many in 2010 when he said gay people and sexually active unmarried women should not be allowed to teach. DeMint made similar statements in 2004, for which he later apologized. Aides to DeMint defended his 2010 comments as coming from a father and not a legislator.

GOProud was among those who criticized DeMint's comments, describing them as "outrageous and bizarre." DeMint was also one of the biggest names to boycott the 2011 Conservative Political Action Conference because of GOProud's involvement. The Heritage Foundation also boycotted CPAC because of the involvement of gay conservatives.

Reached by Metro Weekly, GOProud Executive Director Jimmy LaSalvia declined to comment on DeMint's resignation.

Although DeMint scored a 0 on the Human Rights Campaign’s Congressional Scorecard for the 110th Congress and the 111th Congress, DeMint scored a 40 for the 112th Congress due to his vote against the Hutchison Amendment to the Violence Against Women Reauthorization Act, which sought to strike provisions prohibiting discrimination against and expanding services to victims of domestic violence based on sexual orientation or gender identity.

Speaking at the Family Research Council's annual Values Voter Summit last September, DeMint argued against compromise with "people who also believe that governments should set our values."

"We don't need to be a group of people who say we want the government to represent our values," DeMint said. "We just cannot have, particularly the federal government, redefining marriage or telling us what is right or wrong."

With DeMint's term not set to end until 2016, a special election will be held in 2014. South Carolina Governor Nikki Haley, who is a Republican, will name DeMint's successor in the interim.

[Photo: Jim DeMint (Courtesy of the U.S. Senate).]

In a Dec. 5 letter sent to Democratic and Republican leaders on Capitol Hill, 24 of the country's most financially successful gays and lesbians urged Congress to work with President Barack Obama to reach a deal to avert the "fiscal cliff."

Citing a report published by the Center for American Progress last month that warned going over the fiscal cliff would result in cuts that would directly affect LGBT Americans, the letter argues for the adoption of Obama's plan, which preserves Bush-era tax cuts for middle-class Americans, but allows those tax cuts to expire for those making more than $250,000 a year.

First obtained by Jonathan Capehart of The Washington Post, the letter argues that across-the-board cuts inflicted by sequestration would "compromise LGBT health by reducing programmatic funding used to address the health care needs of gay and transgender Americans, impair the federal government's ability to investigate claims of workplace discrimination, and remove critical resources from government agencies working to prevent bullying and school violence."

Moreover, higher tax rates would hurt middle-class LGBT families, who have been shown to have lower levels of income compared to straight Americans.

A stalemate continues between the White House and Republicans on Capitol Hill over a plan to address the fiscal cliff. Known as sequestration, going off the fiscal cliff would cause cuts to federal spending and tax increases to automatically take effect on Jan. 2, 2013.

Republican leaders, including House Speaker John Boehner and Senate Minority Leader Mitch McConnell, have balked at Obama's proposal, despite threats from Obama to veto any bill that extends tax breaks for the country's top earners. During an interview on CNBC yesterday, Treasury Secretary Timothy Geithner said the Obama administration is "absolutely" willing to go off the fiscal cliff if Republicans do not compromise on raising tax rates for top earners.

In a statement provided to Metro Weekly, White House spokesman Shin Inouye said the Obama administration welcomes those urging Congress to act.

"President Obama is committed to growing our economy from the middle out by ensuring a strong, secure, and thriving middle-class. If Congress doesn’t act by the end of the year, a typical middle-class family will see their taxes go up by about $2,000," Inouye said. "We welcome all Americans who are speaking out about the need for Congress to act."

The letter's authors, all of whom make more than $1 million annually, conclude by noting their financial support to re-elect Obama and their shared vision of a "country in which everyone has a fair shot and does his or her fair share."

READ the full letter here:

Dear Speaker Boehner, Senator Reid, Senator McConnell, and Representative Pelosi:

We are successful LGBT Americans who now or in the past have earned an annual income of $1,000,000 or more.

America has been good to us: it has provided the foundation and opportunity to succeed. We want that same opportunity and possibility for all Americans, but we are concerned about the future of our community and our country.

At the end of this year, a series of deadlines will require our leaders to make important decisions that will have a huge impact on the economy — and on the LGBT community. If Congress fails to act, across-the-board cuts to vital programs will be triggered even as taxes go up on the middle class.

For LGBT Americans, this “fiscal cliff” isn’t just an abstract concept. A report released by the Center for American Progress, the National Gay & Lesbian Task Force, and a coalition of 23 national LGBT organizations outlines the real and lasting impact it would have.

Across-the-board cuts would compromise LGBT health by reducing programmatic funding used to address the health care needs of gay and transgender Americans, impair the federal government’s ability to investigate claims of workplace discrimination, and remove critical resources from government agencies working to prevent bullying and school violence.

At the same time, higher tax rates would further endanger middle class and working class members of our community. LGBT Americans have lower levels of income than other Americans, according to a recent Gallup report, and face additional economic obstacles caused by the so-called Defense of Marriage Act and the lack of federal workplace protections.

In the recent election, many of us contributed significantly to re-elect the President, and we support the President’s vision of a country in which everyone has a fair shot and does his or her fair share.

We urge Congress to work with President Obama to avoid the fiscal cliff with a balanced approach, and to preserve the middle class tax cuts while allowing tax cuts for the best off to expire.  It’s the right thing to do.

Signed,

The Honorable Bruce W. Bastian, Terry Bean, Paul Boskind, David Bohnett, Roberta Conroy, Bill Derrough, Karen K. Dixon & Nan Schaffer, Joe Falk, Dale Frederiksen & Bob Page, Nanette Gartrell, MD & Dee (Diane) Mosbacher MD, PhD, Tim Gill, Mel Heifetz, Glenn Johnson & Michael Melancon, Kathy Levinson, Terrence Meck, Charles Myers, Suze Orman & Kathy Travis, Laura Ricketts, Sarah Schmidt, Andrew Tobias

[Editor's Note: This post has been updated to incoporate a statement from a White House spokesman.]

The White House provided no new updates Wednesday on an executive order that would prohibit federal contractors from discriminating on the basis of sexual orientation or gender identity.

Asked at today's press briefing if President Barack Obama would sign such an executive order as he enters his second term, White House Press Secretary Jay Carney would not speculate on a hypothetical situation and provided no updates on the president's position.

"Our position on that hasn't changed," said Carney. "The president supports an inclusive ENDA that would provide lasting and comprehensive protections for LGBT people across the country regardless of whether they happen to work for a government contractor. We look forward to continuing to support that process and that legislation."

Carney added that the repeal of "Don't Ask, Don't Tell" was a model for how to approach such legislation and indicated the White House continues to take a broader approach to addressing workplace discrimination through federal legislation.

"This president is committed to civil rights and to building on the protections that are necessary for LGBT people as he is for all Americans," Carney said.

Activists have renewed their calls for Obama to expand Executive Order 11246. First signed by President Lyndon B. Johnson, the order already prohibits federal contractors from discrimination on the basis of race, color, religion, sex and national origin. More than 26 million workers would be affected by the order. Although many federal contractors already have protections in place for LGBT workers, the Williams Institute indicates that 16.5 million work for federal contractors that do not.

In what was a major blow to advocates last April, Obama indicated he would not sign such an executive order at the time. Although the order has become a central focus of LGBT-rights activists following the president's re-election, the White House has given no indication that such an order will be signed.

As Metro Weekly has previously reported, candidate Obama said he would support a sexual orientation and gender identity nondiscrimination policy for federal contractors if elected president. Although Obama supports the Employment Non-Discrimination Act, the bill remains stalled in Congress.

Advocates have argued signage of an executive order guaranteeing protections to at least part of the workforce would be a step in the right direction and help build momentum for ENDA. Legislation similar to ENDA has been introduced in Congress since the 1970s and faced continuous opposition from Republicans.

[Photo: White House Press Secretary Jay Carney]

The historic chapel at West Point hosted its first same-sex wedding Saturday, marking a first for the military academy only made possible in the wake of the repeal of "Don't Ask, Don't Tell" and New York's legalization of marriage equality.

Sue Fulton and Penny Gnesin exchanged vows at the Cadet Chapel during the 2 p.m. ceremony on Saturday. Fulton, who is a graduate of West Point and an Army veteran, serves on the board of OutServe-SLDN. 

"West Point holds special significance to both me and Penny," Fulton said in a statement. "From the time I was a cadet, what West Point stands for – integrity, leadership, selfless service – have been my touchstones. When Penny and I worked on ending 'Don't Ask, Don't Tell,' we kept coming back to the core value of integrity, and that's what made a difference. To be able to legalize our union here, especially at the Cadet Chapel, is really important to us."

Fulton, 53, and Gnesin, 52, met in 1995. Although they held a commitment ceremony in 1999, their vows held no legal significance. Fulton proposed over the summer, stating she "just didn't want to wait any longer."

In a statement from the newly named executive director of OutServe-SLDN, Allyson Robinson said the ceremony sent a powerful message to LGBT servicemembers everywhere.

"It sends a clear message that we, too, are part of the 'Long Gray Line' of graduates and that we will not back down until our families receive the same respect and the same benefits other military families do." 

Although the wedding was a historic moment for the prestigious military academy, not all applauded the progress made by the military since President Barack Obama lifted the ban on out gay and lesbian servicemembers in September 2011.

During an appearance on his 700 Club program, anti-gay televangelist Pat Robertson said Generals Douglas MacArthur, Ulysses S. Grant and Robert E. Lee must each be "rolling over in his grave."

"What have they done to our cherished institution?" Robertson asked.

[Photo: Sue Fulton (left) and Penny Gnesin (Courtesy of Jeff Sheng).]

The Supreme Court took no action Monday on any of the 10 petitions before the court regarding the Defense of Marriage Act, California's Proposition 8 or a case challenging an Arizona law halting domestic-partner benefits for same-sex couples who are state employees.

In an order list released at 9:30 a.m., the high court made no announcements regarding the multiple marriage-equality cases that have petitioned for review, meaning all remain before the court. On Nov. 30 the court also made no new announcements on the marriage cases.

The court's nine justices will meet in conference again Dec. 7. As SCOTUSblog reports, the earliest an announcement could come is after Friday morning's conference, or next Monday, Dec. 10.

[Editor's note: The 10 petitions before the Supreme Court also include a challenge to Arizona's domestic-partner benfits law, not solely the DOMA and Proposition 8 cases. This post has been updated to reflect that change.]