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Obama administration requests stay of ‘Don’t Ask’ injunction

Request made with California district court

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The Obama administration on Thursday requested a stay with a California federal court against a recently issued injunction prohibiting enforcement of “Don’t Ask, Don’t Tell,” according to documents obtained by the Blade.

In the notices, the U.S. Justice Department seeks a stay from U.S. District Court Judge Virginia Phillips, who issued the injunction on Tuesday, under the presumption that the Obama administration will appeal the ruling to the U.S. Ninth Circuit Court of Appeals.

“Defendants request that the Court issue an order to stay pending appeal of its  Order, dated October 12, 2010 (Doc. 252), permanently enjoining enforcement of  the ‘Don’t Ask, Don’t Tell’ (DADT) statute, 10 U.S.C. § 654, and implementing regulations,” one notice states.

The Justice Department asks that the district court issue a stay before Monday. If a stay is not yet entered by that time, the administration says it will seek such action from the Ninth Circuit.

On Tuesday, Phillips issued an injunction prohibiting the U.S. government from enforcing “Don’t Ask, Don’t Tell” in the wake of her court decision last month striking down the law. The Justice Department had 60 days from the time the injunction was issued to make an appeal to a higher court.

In a statement, Christian Berle, deputy executive director of Log Cabin Republicans, said he isn’t surprised the Obama administration is seeking a stay against the injunction. In 2004, his organization filed the lawsuit that led to the order.

“After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend ‘Don’t Ask, Don’t Tell,’” Berle said. “Log Cabin Republicans will continue to advocate on behalf of the American servicemembers who everyday sacrifice in defense of our nation and our Constitution. If this stay is granted, justice will be delayed, but it will not be denied.”

Dan Woods, an attorney with White & Case LLP, which represented Log Cabin in court, swore to fight against the stay to ensure open service in the U.S. military.

“Now that the government has filed a request for a stay, we will oppose it vigorously because brave, patriotic homosexuals are serving in our Armed Forces to fight for all of our constitutional rights while the government is denying them theirs,” Woods said.

One of the notices offers a litany of reasons why the injunction against “Don’t Ask, Don’t Tell” should be stayed. Some arguments are the injunction will “irreparably harm the public interest in a strong and effective military” and will require “a precipitous change in policy that threatens the public interest in a strong military.”

“The injunction forces the executive to immediately cease enforcing a statute enacted by Congress regarding military affairs, which alone creates harm justifying a stay,” the notice states. “The injunction also requires an immediate and dramatic change in policy without allowing time to do so in an orderly and comprehensive way.”

A footnote in the notice states that although President Obama opposes “Don’t Ask, Don’t Tell,” the administration feels compelled to defend the 1993 statute because it’s federal law.

“As the President has stated previously, the Administration does not support the [‘Don’t Ask, Don’t Tell’] statute as a matter of policy and strongly supports its repeal,” the notices states. “However, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Administration disagrees with a particular statute as a policy matter, as it does here.”

In a press conference Thursday, White House Press Secretary Robert Gibbs reiterated Obama’s opposition to “Don’t Ask, Don’t Tell,” but said Congress should be responsible for ending the statute.

“The president believes that this is a policy that undermines our national security, discriminates against those who would sacrifice their lives for their country, and is unjust; that the policy needs to be changed and should be changed,” Gibbs said. “His hope is that the Senate will take up the legislation pending before them to do just that, as the House of Representatives has already done.”

Officials in the Obama administration publicly expressed concern about the injunction against “Don’t Ask, Don’t Tell” this week.

According to the Associated Press, Defense Secretary Robert Gates told reporters Wednesday that abruptly ending “Don’t Ask, Don’t Tell” would have “enormous consequences” for U.S. service members. A Pentagon working group is examining the way to implement repeal of “Don’t Ask, Don’t Tell” and is expected to deliver a report to Gates by Dec. 1.

A co-founder of OutServe, a network for active duty LGBT service members, called Gates’ remarks”a direct attack against gay and lesbian military personnel” and denied there would be “enormous consequences” after lifting the ban on open service.

“The reality is unit cohesion is destroyed by directly making military members lie about themselves and that is a proven fact,” said the co-founder, who goes by the alias J.D. Smith because he currently serves in the U.S. military.

“By saying we would create ‘enormous consequences’ he [is] attacking us,” Smith continued. “No other group of currently serving military personnel would be attacked like this.”

In response to Gates’ comments, the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, issued a statement calling on Gates to identify the “enormous consequences” of ending “Don’t Ask, Don’t Tell” enforcement.

“Secretary Gates’ suggestion that ‘enormous consequences’ await any immediate implementation of openly gay service stands in stark contrast to the evidence from other foreign militaries,” said Aaron Belkin, director of the Palm Center. “Swift change and strong leadership were identified as the two key elements to this process. America is unique but we will not be the first nation to allow openly gay service, we will be the twenty-sixth.”

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State Department

State Department implements anti-trans bathroom policy

Memo notes directive corresponds with White House executive order

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(Photo courtesy of the Library of Congress)

The State Department on April 20 announced employees cannot use bathrooms that correspond with their gender identity.

The Daily Signal, a conservative news website, reported the State Department announced the new policy in a memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms.”

The State Department has not responded to the Washington Blade’s request for comment on the directive.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

The Daily Signal notes the new State Department policy “does not prohibit single-occupancy restrooms.”

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I’m telling the scared little girl I once was it’s okay to feel free

This week is Lesbian Visibility Week

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(Design by Soph Holland)

Uncloseted Media published this article on April 23.

By SOPHIE HOLLAND | At 13 years old, I remember looking in the mirror in my Toronto bathroom and thinking, “Yeah, I’m a lesbian.” At the time, I thought it was a dirty word. Thinking back, it could be because the first time I heard it was when a family member said, “I don’t know what a lesbian is, they are like aliens.”

And although I walked around in camouflage Crocs with a rainbow My Little Pony charm, plaid knee-length shorts and a shark tooth necklace (yes, these are all, in my opinion, stereotypically lesbian apparel!), I didn’t feel like I fit the mold. The longer I thought about it, the worse I felt, so I buried my feelings deep inside.

Now I am 25, and I have been out since I was 22. Three years ago, I never could have imagined that I’d be working for a queer news publication and celebrating Lesbian Visibility Week, an annual event meant to honor and uplift lesbian perspectives and highlight the hardships our community faces. To me, LVW is so important because, frankly, it has been an absolute shit show getting here, to a place where I feel love and joy most days.

I think back to the frustration of constantly being asked, “Do you have a boyfriend?” Of watching princess movies and seeing a broken girl only find herself when her prince charming arrives. I remember listening to music that was always about heterosexual relationships. I remember feeling left out in high school when, one by one, my friends got boyfriends.

I tried the boyfriend, and I tried really hard for it to work at a large detriment to my wellbeing. I brainwashed myself into thinking I was probably bisexual, which I told my closest friends around 16 and unsuccessfully told my parents at the same age. I was probably subconsciously using this as a litmus test of their acceptance and to soothe the anxiety I felt around my sexuality.

Learning to love who I am did not only come from me unraveling my internalized lesbophobia and dissecting the oppressive societal messages of heteronormativity. It came from meeting an awesome community of lesbians and queers. I found people who understood my worldview and who showed me the ropes. I no longer had to stutter over concepts like lesbian loneliness or my frustration with misogynistic straight men.

They all just got it.

Without this community, I am not sure if I could be as warm and confident in myself as I am today.

And while I still experience homophobia, like being spat on while walking with an ex in downtown Toronto or having a stranger yell in my face “Are you fucking lesbians?” in Kensington Market, the joy and love still outweighs the nasty.

So, as the sentimental dyke that I have become, I decided to ask a set of lesbians in my orbit — including my friends as well as Uncloseted staffers, board members and followers — if they would share a little bit about what makes them love being a lesbian. And now, I can share it with all of you. Here they are. Happy LVW!

Timi Sotire

Falling in love with her was a reset. I felt like a kid again, hopeful about the future. We’ve had to overcome many obstacles to be together, but I’d choose her in every lifetime. I was sick with a long-term health condition when we met, and hanging out with Sophia really helped me with my recovery after my surgery.

Bella Sayegh

Being a lesbian is one of the most beautiful things in the world. To be authentically yourself in resistance and joy is so special within the lesbian community.

Parker Wales

When I met Liv, I finally understood why almost every song is about love.

Gillian Kilgour

There is no connection quite as perfect as between lesbians, no one sees me like my lesbians do.

Chyna Price

There’s many things I love about being a lesbian. But here are my top three:

  1. There’s just a deeper understanding when it comes to being loved by another woman.
  2. The next one would be the sense of community, especially being a POC masculine-presenting lesbian. I don’t feel like I’m cosplaying as someone else like I felt like I was doing before I came out.
  3. There’s so much history going back to the 1800s on how we found and fought for our love. That fight makes me proud because it shows me … that we’ve [found] ways to express our love even when it was misunderstood, illegal and deemed as madness.

Hope Pisoni

Before I knew I was a lesbian, romantic relationships seemed suffocating — it felt like everyone would expect me to act my part in the meticulous performance that is heterosexuality. But meeting my spouse and discovering our identities together showed me just how freeing it could be to love without a script to follow.

Leital Molad

It was the joy of watching the New York Sirens defeat the Toronto Sceptres at our first professional women’s hockey game — surrounded by hundreds (maybe thousands?) of cheering lesbians.

Angela Earl

I spent years building a life that looked right. But I never felt settled, and eventually I started asking what would actually make me happy. Coming out was about more than who I love, it was letting go of everything I was told to be. The last few years have felt like coming home to a life that had been waiting for me.

Tali Bray

What I love about being a lesbian is what I love about being in love … the wonder and joy of “oh, this is what it’s supposed to feel like.” I love moving through the world with women.

Izzy Stokes

I didn’t fall in love until I realized that queerness was an option. My queer friends have helped me see so much more than I grew up seeing. I’m so proud of us, and I’m so grateful for my lesbian community.

Nandika Chatterjee

When I met my fiancée is when I started to feel most like myself. That meant loving myself for who I am and embracing my identity as a lesbian. I felt free in a way I have never before. That’s the long and short of it.

Liz Lucking

The love and joy of being a lesbian is getting to live the life I dreamed of but never thought I would get to have!

Reflections

As I read these beautiful entries, it’s not lost on me that we’re still living in a world where lesbians are more likely to struggle with maternity problemsfetishization, and compulsory heterosexuality — not to mention the intersectional pressures of racism from both inside and outside the queer community. That’s part of why, according to a 2024 survey, 22 percent of LGBTQ women have attempted suicide, and 66 percent have sought treatment for trauma.

So if you are a lesbian who isn’t out or doesn’t feel safe, I hope you read this and can glean some hope from these messages. So when you look in the mirror, you know that it’s okay to release the weight — which can feel so heavy — of a heteronormative world.

We still have a long fight until all lesbians can feel safe to be themselves, but this is a community that does not back away from the tough, from the joy, from being loud and from all the other things that it takes to start a small revolution.

Hell yeah, lesbians! Here’s to you.

*I am signing off with my cat on my lap and a pride flag over my head <3.

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Cuba

Trans parent charged with kidnapping, allegedly fled to Cuba with child

Cuban authorities helped locate Rose Inessa-Ethington

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A transgender Pride flag flies over Mi Cayito, a beach east of Havana. Cuban authorities helped locate a transgender woman who U.S. authorities fled to the island with her 10-year-old child who she allegedly kidnapped. (Washington Blade photo by Michael K. Lavers)

Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.

An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.

Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”

The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.

The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.

“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”

The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”

The affidavit does not identify the specific “mental health therapist” in D.C.

A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.

“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.

The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.

A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”

The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.

The New York Times reported the child is now back with their biological mother.

“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.

The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.

The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.

Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.

Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.

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