National
Wash. court rules to reinstate lesbian officer
Decision finds Witt’s presence doesn’t undermine unit cohesion
A federal court in Washington State on Friday ruled that a lesbian Air Force officer discharged under “Don’t Ask, Don’t Tell” should be reinstated into the U.S. armed forces because the government cannot prove that her presence in the military undermined unit cohesion.
In the case of Witt v. Air Force, U.S. District Court Judge Ronald Leighton determined that Maj. Margaret Witt, who was discharged in 2006 after serving in the Air Force for 19 years as a flight nurse, should be allowed back into the military “at the earliest possible moment.”
“The Court concludes that [‘Don’t Ask, Don’t Tell’], when applied to Major Margaret Witt, does not further the government’s interest in promoting military readiness, unit morale and cohesion,” the decision states.
Leighton rules that Witt’s expulsion under “Don’t Ask, Don’t Tell” violates her due process rights under the Fifth Amendment.
In a statement provided by the American Civil Liberties Union, which represented her in the lawsuit, Witt said she’s “thrilled” with the decision and she “appreciate[s] the Court’s belief in the professionalism of the military.”
“Many people forget that the U.S. military is the most diverse workforce in the world — we are extremely versed in adaption,” Witt said. “Thousands of men and women who are gay and lesbian honorably serve this country in our military. Wounded personnel never asked me about my sexual orientation. They were just glad to see me.”
Unlike the decision recently reached by a California federal court in the case of Log Cabin v. United States, the decision in the Witt case doesn’t overturn “Don’t Ask, Don’t Tell.” The order is strictly applied to Witt and only allows her to return to her duties in the Air Force.
The U.S. Justice Department didn’t immediately respond to Blade’s request for comment on the ruling or whether the Obama administration would appeal the decision to a higher court.
In 2008, the U.S. Ninth Circuit Court of Appeals remanded the case to the district court in Washington, overturning an earlier decision by the court. The appellate court ordered the lower court to determine whether the U.S. military could prove Witt’s presence in the Air Force harmed unit cohesion before discharging her.
In six days of testimony that took place earlier this month, several witnesses spoke in favor of Witt and her performance in the Air Force. The decision on Friday states that the evidence presented showed Witt was an “exemplary officer.”
“Major Witt’s approach to the fact-finding mission of this Court was to present testimony of members and former members of her unit … who testified persuasively that serving with Margaret Witt and other known or suspected gay and lesbian service members did not adversely affect unit morale and cohesion,” the decision states. “To the contrary, it was Major Witt’s suspension and ultimate discharge that caused a loss of morale throughout the squadron.”
Doug NeJaime, a gay law professor at Loyola Law School, said the court’s decision isn’t surprising considering the level of scrutiny mandated by the Ninth Circuit.
He added the decision sets “a really good precedent for potential other discharges” that would require the government, at least in the Ninth Circuit, to continue the burden of showing that discharging a service member under “Don’t Ask, Don’t Tell” is in the best interest of unit cohesion and morale.
NeJaime said the Obama administration could appeal the decision to the Ninth Circuit, but added he thinks an appeal is unlikely because the order only applies to one person.
“The Justice Department is in a difficult position, and you would think that since this only applies to Maj. Witt, it might make sense not to see this any further and just let things end here, which, I think, is probably what we’re going to see happen,” NeJaime said.
National
213 House members ask Speaker Johnson to condemn anti-trans rhetoric
Letter cites ‘demonizing and dehumanizing’ language
The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.
The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.
The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.
It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.
Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.
The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.
The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.
Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.
The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.
“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”
The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf)
The White House
EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad
International Human Rights Defense Act also calls for permanent special envoy
Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.
A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”
“LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”
Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.
The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.
The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.
The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.
Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.
The Trump-Vance White House has not named anyone to the position.
Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.
“It is deliberate erasure,” said Stern in August after the State Department released the report.
The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.
“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”
National
US bishops ban gender-affirming care at Catholic hospitals
Directive adopted during meeting in Baltimore.
The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.
Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.
The Washington Blade obtained a copy of it on Thursday.
“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”
“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.
The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.
The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.
Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.
“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.”
Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities
213 House members ask Speaker Johnson to condemn anti-trans rhetoric
D.C. LGBTQ bars ‘hanging in there’ amid tough economy
Japan’s first female prime minister reluctant to advance LGBTQ rights
Rep. Grijalva reiterates LGBTQ support at swearing in
PHOTOS: Whitman-Walker Gala
Activist hosts Diwali celebration in D.C.
Harford school board appeals state’s book ban decision to circuit court
Calendar: November 14-20
