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New report undermines officers’ letter supporting ‘Don’t Ask’

Some signers involved in career-ending scandals

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U.S. Sen. John McCain (Blade photo by Michael Key)

A number of high-ranking military officers whose names appear on a well-publicized letter supporting “Don’t Ask, Don’t Tell” were involved in career-ending scandals or have said the letter doesn’t represent their views, according to Servicemembers United.

The organization’s preliminary investigation of 200 names on the letter, which more than 1,100 flag and general officers signed, reveals new information that could undermine the document supporting the 1993 law barring gays from serving openly in the military.

Alex Nicholson, executive director of Servicemembers United, said his organization’s report “speaks to an overall lack of expertise” the signers have on the views of service members of the 21st century military.

Elaine Donnelly, president of the Center of Military Readiness, gathered the names for the letter, which was first published last year. She didn’t respond to multiple requests from DC Agenda to comment on Servicemembers United’s report.

Supporters of “Don’t Ask, Don’t Tell” have often cited the letter as evidence of military support for keeping the law on the books. Sen. John McCain (R-Ariz.), an opponent of repeal, held up the letter during a Senate hearing on “Don’t Ask, Don’t Tell” last month.

“I hope you’ll pay attention to the views of over 1,000 retired flag and general officers,” McCain told Defense Secretary Robert Gates at the time regarding the study of “Don’t Ask, Don’t Tell” that’s underway at the Pentagon.

But Servicemembers United’s report — titled, “Flag and General Officers for the Military: A Closer Look” — sheds new light on the letter. Nicholson said one of the most striking discoveries was the age of many signers.

“Only a small fraction of these officers have even served in the military during the ‘Don’t Ask, Don’t Tell’ period, much less in the 21st century military,” Nicholson said. “How can these flag officers honestly claim to know how accepting and tolerant 18- and 21-year-olds are today when most of them haven’t been that age themselves since the 1940s and 1950s?”

The report found the average age among is the officers is 74, the oldest living signer is 98, and several signers died in the time since the document was published.

At least one signer, Gen. Louis Menetrey, was deceased when the letter was published and didn’t sign the document himself. According to a footnote on the letter, his wife signed the document for him after his death using power of attorney — six years after Alzheimer’s disease robbed him of the ability to communicate.

Servicemembers United findings also indicate the letter doesn’t represent the viewpoints of some officers who purportedly signed it. One signer said they no longer want to be a part of the letter, writing to the organization, “I do not wish to be on any list regarding this issue.”

Others said they never agreed to sign in the first place. One general wrote, “I never agreed. To represent either side of this issue.” Another wrote, “I do not remember being asked about this issue.”

DC Agenda independently found one general who acknowledged signing the letter, but said he now believes gays should be allowed to serve in the armed forces so long as they adhere to the code of conduct.

“I do not believe there should be any limitations based on sexual orientation,” said the general, who asked not to be identified.

In addition to signers who say the letter doesn’t represent their views, others were involved in scandals tarnishing their careers. Nicholson said the number of scandals in which signers have been involved “jumps out” as a major component of the report, adding some officers made “heinous failures of judgment and leadership.”

The report identifies seven officers that were involved in such incidents:

• Brig. Gen. Eddie Cain was in the early 1990s director of the Pentagon agency in charge of the anthrax vaccine administered to troops and testified before Congress the vaccine was safe and tested. Later reports showed it was neither. Cain was revealed to have known his testimony was inaccurate, and wrote in personal e-mails that if Congress found out, he’d be “in big-time trouble.”

• Brig. Gen. David Boland in 1994 was executive director of a “boot camp” for at-risk children at Camp Wiecker, Conn., that was mired in problems and later discontinued. According to the New York Times, gang recruitment, sexual relations between students and faculty, drug use, gambling rings and widespread violence and fighting — including one fight that resulted in 14 arrests — took place at Camp Wiecker under Boland’s supervision. Boland later stepped down to “pursue other interests.”

• Rear Adm. Riley Mixson in 1993 received a career-ending letter of censure from then-Navy Secretary John Dalton for involvement in the 1991 Tailhook scandal, during which he failed to take action against allegations of sexual misconduct. According to the New York Times, “Mixson was cited for failing to take action when he saw a woman drink from a dispenser made to look like a rhinoceros’ penis and men shaving women’s legs.”

• Gen. Carl Mundy made several statements in 1993 on CBS’ “60 Minutes” that racial minority soldiers “don’t swim as well” or perform other duties as well as white troops. He also once unilaterally banned married recruits from joining the Marine Corps, a move Defense Secretary Les Aspin rescinded the following week.

• Lt. Gen. Fred McCorkle was head of Marine Corps Aviation in the late 1990s, during the design and test phase of the V-22 Osprey. He oversaw cost overruns and allegedly falsified records — all while praising the aircraft. McCorkle now works for and sits on the boards of several companies that manufacture Osprey components.

• Brig. Gen. Gary Pendleton was named in a lawsuit in 2008 for unlawfully discriminating on the basis of race against an employee in awarding her a lower annual bonus than her co-workers. Pendleton was also said to have fired the employee in retaliation for her complaints.

• Brig. Gen. Darryl Powell oversaw in 1985 a spike in malpractice lawsuits as commander of Madigan Army Medical Center. In one case, a woman was injected with formaldehyde instead of medication, killing her and her unborn child.

Nicholson said even with these scandals, the majority of the officers on the letter served with distinction. Still, he questioned whether the more than 1,100 officers who signed the letter understand the attitudes and beliefs of the young people in service today.

“It is simply unreasonable to think that any of them can be experts on the new generation [of] youth that make up the vast majority of the military today — the generation of iPhones, Facebook, and acceptance of those who are different,” he said.

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U.S. Supreme Court

Supreme Court upholds ACA rule that makes PrEP, other preventative care free

Liberal justices joined three conservatives in majority opinion

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The U.S. Supreme Court as composed June 30, 2022, to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, the U.S. Supreme Court)

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.

Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.

The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.

An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.

They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.

Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.

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U.S. Supreme Court

Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons

Mahmoud v. Taylor case comes from Montgomery County, Md.

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Friday ruled that public schools must give advance notice to parents and allow them the opportunity to opt their children out of lessons or classroom instruction on matters of gender and sexuality that conflict with their religious beliefs.

Mahmoud v. Taylor was decided 6-3 along party lines, with conservative Justice Samuel Alito authoring the majority opinion and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson in dissent.

Parents from diverse religious backgrounds sued to challenge the policy in Maryland’s Montgomery County Public Schools when storybooks featuring LGBTQ characters were added to the elementary school English curriculum in 2022.

The school board argued in the brief submitted to the Supreme Court that “the storybooks themselves do not instruct about gender or sexuality. They are not textbooks. They merely introduce students to characters who are LGBTQ or have LGBTQfamily members, and those characters’ experiences and points of view.”

Advocacy groups dedicated to advancing free speech and expression filed amicus briefs in support of the district.

PEN America argued the case should be viewed in the context of broader efforts to censor and restrict what is available and allowable in public schools, for instance by passing book bans and “Don’t Say Gay” laws.

The ACLU said the policy of not allowing opt-outs is religion-neutral, writing that the Supreme Court should apply rational basis review, which requires only that the school district show that its conduct was “rationally related” to a “legitimate” government interest.

LGBTQ groups also objected to the challenge against the district’s policy, with many submitting amici briefs including: the National Center for Lesbian Rights, GLAD Law, Family Equality, COLAGE, Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG., and the National Women’s Law Center.

The Human Rights Campaign did not submit a brief but did issue a statement by the group’s President Kelley Robinson: “LGBTQ+ stories matter. They matter so students can see themselves and their families in the books they read–so they can know they’re not alone.”

“And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved,” she said. “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

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Federal Government

White House finds Calif. violated Title IX by allowing trans athletes in school sports

Education Department threatens ‘imminent enforcement action’

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California Gov. Gavin Newsom (D) (Washington Blade photo by Michael Key)

The Trump-Vance administration announced on Wednesday that California’s Interscholastic Federation and Department of Education violated federal Title IX rules for allowing transgender girls to compete in school sports.

In a press release, the U.S. Department of Education’s Office of Civil Rights threatened “imminent enforcement action” including “referral to the U.S. Department of Justice” and the withholding of federal education funding for the state if the parties do not “agree to change these unlawful practices within 10 days.”

The agency specified that to come into compliance; California must enforce a ban excluding transgender student athletes and reclaim any titles, records, and awards they had won.

Federal investigations of the California Interscholastic Federation and the state’s Department of Education were begun in February and April, respectively. The Justice Department sued Maine in April for allowing trans athletes to compete and refusing a similar proposal to certify compliance within 10 days.

Broadly, the Trump-Vance administration’s position is that girls who are made to compete against trans opponents or alongside trans teammates are unfairly disadvantaged, robbed of opportunities like athletics scholarships, and faced with increased risk of injury — constituting actionable claims of unlawful sex discrimination under Title IX.

This marks a major departure from how the previous administration enforced the law. For example, the Department of Education issued new Title IX guidelines in April 2024 that instructed schools and educational institutions covered by the statute to not enforce categorical bans against trans athletes, instead allowing for limited restrictions on eligibility if necessary to ensure fairness or safety at the high school or college level.

Sports aside, under former President Joe Biden the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

A number of high profile Democrats, including California Gov. Gavin Newsom, have recently questioned or challenged the party’s position on transgender athletes, as noted in a statement by Education Secretary Linda McMahon included in Wednesday’s announcement.

“Although Gov. Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

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