Connect with us

National

Key senator says hold off on ‘Don’t Ask’ repeal

Ben Nelson wants to wait, follow guidance from Gates

Published

on

Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn "Don't Ask, Don't Tell." (Photo courtesy of Nelson’s office)

Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn “Don’t Ask, Don’t Tell.” (Photo courtesy of Nelson’s office)

A key U.S. senator has told the Blade that he opposes repealing “Don’t Ask, Don’t Tell” at this time.

In a brief exchange on Capitol Hill, Sen. Ben Nelson (D-Neb.) said Tuesday he would vote against an effort next week to overturn the law. He said he wants to adhere to guidance from Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen on holding off on repeal.

Asked whether he would vote in favor of a repeal measure, Nelson replied, “No, I want to follow with the advice and the suggestions of Secretary of Defense Gates to have the study that is underway right now before we make that final decision — because it’s not a question of ‘whether,’ it’s a question of ‘how.’”

A vote on repealing “Don’t Ask, Don’t Tell” as part of major defense budget legislation could take place next week during the Senate Armed Services Committee markup of the fiscal year 2011 defense authorization bill. Markup proceedings are scheduled to begin May 26 and are closed to the public.

It remains unclear whether there are enough votes on the committee to make repeal part of the legislation. Mustering enough votes to repeal the statute could be a challenge for opponents of “Don’t Ask, Don’t Tell,” following Nelson’s comments.

Repeal efforts were complicated last month after Gates released a letter to Congress saying he would “strongly oppose” repeal before the Pentagon completes at year’s end its study on the issue. Since then, supporters of repeal — including Sen. Carl Levin (D-Mich.) — have advocated for a compromise in which Congress would vote now to repeal the law but delay implementation of repeal until 2011.

Asked whether he would be open to such a measure, Nelson appeared to be unaware that such an approach to “Don’t Ask, Don’t Tell” has been under consideration, but was reluctant to support the idea.

“I don’t know,” Nelson said. “I haven’t seen that legislation. I know there’s probably some support for that, but I think it’s been made pretty clear by Secretary Gates that we shouldn’t take any action until the study is completed, and that’s my position. That’s where I’m going to stay.”

Nelson’s statements came as a disappointment to people who had identified him as an uncommitted vote on “Don’t Ask, Don’t Tell” that could be moved in favor of repeal this year.

He was among six senators that LGBT organizations, including the Human Rights Campaign, had lobbied through a grassroots campaign to vote in favor of repeal. The other five are Sens. Evan Bayh (D-Ind.), Robert Byrd (D-W.Va.), Scott Brown (R-Mass.), Bill Nelson (D-Fla.), and Jim Webb (D-Va.).

Alex Nicholson, executive director of Servicemembers United, said Ben Nelson is only one of the six key senators and estimated that only two or three votes from those six are needed to advance repeal.

“If Sen. Nelson is entrenching himself that hard on that side of the vote, then I think he risks putting himself down on the wrong side of history,” Nicholson said. “That’s something he’s going to have to live with for the rest of his career, and that’s going to be part of his legacy.”

Nicholson said Nelson’s apparent unfamiliarity with delayed implementation legislation could mean that high-level discussions with him on moving forward with that plan hadn’t yet occurred.

‘Don’t Ask’ opponents push on

Even with Nelson representing a “no” vote on repeal during the committee vote, supporters of ending “Don’t Ask, Don’t Tell” are moving forward with plans for a vote next week during the committee markup.

Sen. Joseph Lieberman (I-Conn.), the sponsor of standalone repeal legislation in the Senate, told the Blade that supporters of repeal are “working hard” to find a way forward for passage in the committee.

“Obviously, we were set back somewhat from the letter by Secretary Gates, but we’re talking to every member of the committee,” he said. “We have some, I think, creative ideas about how to deal with … concerns that Secretary Gates expressed.”

Lieberman said he’s uncertain if the votes are there for passage, but noted that “it’s important to get this done this year.”

Sen. Mark Udall (D-Colo.), another member of the Senate Armed Services Committee and a strong proponent of repeal, said he doesn’t think anyone knows whether the votes are there in the committee for repeal, but he’s “feeling guardedly optimistic” about the prospects.

“It’s crucial that we take this opportunity to lift it,” he said. “There’s different ideas about how to best work with the Pentagon on this approach, but I still think you could study and repeal.”

Nicholson said he thinks supporters “have a really good shot” at getting the two or three votes necessary to win repeal during Senate markup next week.

“It’s really going to come down to some of the one-on-one conversations that Levin and Lieberman are having this week with their colleagues on the committee,” he said.

In the wake of the Gates letter, many repeal supporters see pushing forward with delayed implementation legislation as the optimal path for a successful vote on ending “Don’t Ask, Don’t Tell” this year.

Lieberman said supporters are looking at alternatives, including a bill “to enact repeal, but have it not be this year, to have it not be effective until either sometime next year” or until the Pentagon working group issues a certification of its study.

“I think Secretary Gates was really talking about he doesn’t want us to do this until the rank-and-file military has had a chance to be heard,” Lieberman said. “So we’re trying to find a way to take legislative action this year, but still respect the opinions of the military and maybe delay the implementation until sometime next year.”

Lieberman said a number of different ideas are being discussed among committee members, but delayed implementation legislation “seems to be the one that commands the most support.”

Also noting that delayed implementation could have traction is Udall, who said such a bill is “one of the ideas” being discussed.

“That still remains my preferred course,” he said. “In other words, you would make it very clear the law is repealed, and then you put in place the timeframe by which you implement the changes that are necessary.”

Despite this push and work toward a compromise, the six targeted members of the Senate Armed Services Committee have been reluctant to endorse repeal publicly, although none of these six have been as explicit as Ben Nelson in their opposition.

Sen. Jim Webb (D-Va.) has maintained on several occasions the importance of the Pentagon study as a means to inform Congress on how to approach repeal of “Don’t Ask, Don’t Tell.”

Asked this week whether he’s made a decision on how he’ll vote should an amendment come before him, Webb replied, “I think we need to respect the process that Secretary Gates and Adm. Mullen put in place.”

Webb had a similar response when asked whether his position would be any different for delayed implementation legislation.

“I think we should honor the process that they’ve put in place,” Webb said. “I think people should understand that it’s a pretty significant historical event in terms of what Adm. Mullen said during that hearing in February.”

The offices of Bill Nelson and Bayh sent statements to the Blade that were similarly non-committal in how the senators would vote. The statements were virtually identical to those the offices sent to the Blade last month.

Dan McLaughlin, spokesperson for Bill Nelson, said the senator is “inclined” to support repeal, but “wants to see Secretary Gates’ study on how it would impact the military.”

In a statement, Bayh said his “personal belief” is that people serving their country in the armed forces “ought to be able to serve it openly,” but noted that he wants military leaders to be able to speak up on this issue.

“President Obama is absolutely right to solicit the input and support of his top military commanders about the effects of repealing the ‘Don’t Ask, Don’t Tell’ policy,” he said. “I will make a final decision after receiving the input of our top commanders.”

Some of the targeted senators were staying mum this week on how they’d vote should an amendment come before them. Byrd’s office declined to comment in response to a Blade inquiry on the issue. Brown’s office didn’t respond to multiple requests for comment.

Obama MIA in repeal effort?

As supporters of repeal work to gather support, one notable absence among those lending a hand is President Barack Obama.

Repeal of “Don’t Ask, Don’t Tell” was one of Obama’s campaign promises, but a number of senators say the White House hasn’t contacted them to move them one way or the other on the issue.

In public statements on the “Don’t Ask, Don’t Tell” issue, the White House has consistently refrained from saying Obama supports attaching repeal as part of the defense authorization bill.

Asked whether the White House is being helpful in building support, Lieberman suggested the president could be playing a greater role.

“I mean, they’re obviously for this, so we need their help,” he said.

Nicholson said he didn’t know if the White House had been helpful in moving senators in favor of repeal, but noted that he hasn’t “seen any evidence of that, certainly.”

Each of the targeted senators to whom the Blade spoke said they had not heard from the White House or the Pentagon on the issue.

Asked whether the White House or the Pentagon had contacted him to influence his vote on “Don’t Ask, Don’t Tell,” Ben Nelson replied, “No, no.”

Jessica Smith, a Webb spokesperson, echoed those remarks in response to a Blade inquiry.

“As for the White House or the Pentagon contacting our office?” she said. “I don’t believe so.”

Similarly, McLaughlin said he doesn’t believe the White House or the Pentagon has contacted Bill Nelson to inform his vote on the issue.

“To my knowledge, neither the White House nor the Pentagon has recently contacted Bill about this issue,” McLaughlin said.

A White House spokesperson didn’t immediately respond to the Blade’s request for comment on why Obama hasn’t reached out to the senators.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Federal Government

Todd Blanche’s record on LGBTQ issues comes under scrutiny as he takes over DOJ

Blanche was confirmed by the Republican controlled Senate 50-49.

Published

on

Attorney General Todd Blanche (Photo public domain)

Todd Blanche, President Trump’s former personal lawyer, was sworn in as attorney general of the United States on Monday.

Blanche secured the position as the country’s 88th chief law enforcement officer on Sunday night after a contentious Senate confirmation process, ultimately ending with a 50-49 vote in his favor. All Democrats, as well as Republican Sens. Susan Collins and Lisa Murkowski, voted against him.

The confirmation hearing — and subsequent vote — brought questions surrounding Blanche’s credibility and integrity, as well as concerns about Trump’s ethical dilemmas surrounding cronyism, to the forefront.

The attorney general acts as the head of the Department of Justice, responsible for enforcing federal laws, representing the U.S. in court, and advising the president.

Blanche has a long history in Washington, beginning when he attended American University for his undergraduate education, like fellow former Trump attorney Michael Cohen. He began his legal career as an intern in the U.S. Attorney’s Office in Washington, which eventually became a full-time position.

That job eventually led him to work as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003.

Blanche left the public sector in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

There, Blanche represented several figures associated with President Donald Trump, including former New York City Mayor Rudy Giuliani and Trump’s former campaign manager Paul Manafort.

In 2024, Blanche switched from Democrat to Republican and moved from New York City to Palm Beach, Fla., where he would be closer to Trump’s primary legal residence at Mar-a-Lago.

He then served as Trump’s personal defense attorney in the New York state case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to adult film star Stormy Daniels.

While serving as acting head of the Department of Justice before his official confirmation, Blanche played a central role in overseeing the department and was involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

One of the first issues was transgender rights and gender-affirming care, particularly for minors — an issue the White House and Republican Party have made a key part of their broader cultural agenda and federal policy efforts.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population.”

The letter came before NYU Langone ended its gender-affirming care at the behest of the president, forcing the hospital system to stop prescribing puberty blockers and hormones to minors.

The hospital’s change in policy came after the Trump-Vance administration threatened to pull all federal funding if it continued providing the care.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he continued in the letter.

In addition to his anti-transgender positions, Blanche also echoed his predecessor, Pam Bondi, in taking a public stance on limiting LGBTQ-related protections at the federal level.

He aligned with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessons in schools and limited lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Blanche called it “another great decision that came down today,” arguing the ruling “restores parents’ rights to decide their child’s education.”

“It took the Supreme Court to set the record straight, and we thank them for that,” he said. “Now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse and rape under the Prison Rape Elimination Act.

The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche also faced scrutiny over a slew of other issues surrounding his leadership during his tenure as acting AG.

The Justice Connection, a watchdog organization that works to protect current and former civil servants working in the U.S. Department of Justice, called his work so far “devastating.”

The organization said Blanche “harmed the department’s workforce, advanced the politicization of the department, undermined the rule of law, and threatened public safety.”

The group cited several issues, including what it described as Blanche minimizing the violent reality of the January 6 insurrection led by Trump supporters; investigating and attempting to prosecute President Trump’s perceived political enemies; the botched release of the Epstein Files to Congress and the public, including the release of victim and witness details and censorship surrounding the scope of Trump’s relationship with the convicted sex trafficker and pedophile; and the expansion of federal immigration enforcement in Minnesota which lead to the death of two U.S. citizens by federal officials.

Sharon McGowan, senior vice president of Policy & Litigation at the Human Rights Campaign, the largest LGBTQ advocacy group in the country, provided a statement to the Blade about Blanche’s confirmation calling it “chilling.”

“The last thing Todd Blanche deserves is a promotion,” McGowan said via email. “For months, Blanche has used his position as Acting Attorney General to advance President Trump’s personal and financial interests and to weaponize the Justice Department against the President’s enemies, whether they be transgender kids or civil rights organizations trying to help people vote. His notion of justice is warped and dangerous, and LGBTQ+ Americans deserve better.”

Continue Reading

National

HRC condemns DoE removal of LGBTQ bullying data from federal survey

Organization cites rise in homophobic, transphobic policies, worse mental health outcomes

Published

on

Department of Education. (Public domain photo)

The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.

The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.

That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.

Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.

K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.

These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.

The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.

By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.

Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.

The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.

This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.

Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.

These policies have a real-world impact on trans people.

The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.

Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.

HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.

“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”

HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.

This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.

The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.

Continue Reading

Michigan

Progressives score victory as El-Sayed wins Mich. Senate primary

Democratic newcomer will face Rogers in November

Published

on

Democratic Senate candidate Abdul El-Sayed (Screen capture via MS NOW/YouTube)

Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.

NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.

Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.

This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.

El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).

Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.

During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.

She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).

The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.

AIPAC devoted a massive amount of money to this race.

The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.

Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.

The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.

El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.

Continue Reading

Popular