National
Murphy: Obama will ramp up efforts after ‘Don’t Ask’ report
Pa. lawmaker says repeal can happen this year

The champion of “Don’t Ask, Don’t Tell” repeal in the U.S. House maintains that President Obama will provide the “full spectrum” of engagement in getting the military’s gay ban repealed once the Pentagon completes its report on the issue.
In an interview Tuesday with the Washington Blade, Rep. Patrick Murphy (D-Pa.) said Obama has been engaged in moving Congress to repeal “Don’t Ask, Don’t Tell” and that this effort will expand once the Pentagon working group report — due Dec. 1 — is complete.
“I think there are different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement,” Murphy said.
The first Iraq war veteran elected to Congress said he expects this “full spectrum of engagement” to come from not only the White House, but also the president’s “own Department of Defense.”
Murphy said he hasn’t seen a draft copy of the report, but noted media reports indicating that the study will be favorable to open service in the U.S. military. He said the study should have a positive impact on senators who’ve said they wanted to wait for the report before endorsing “Don’t Ask, Don’t Tell” repeal.
“The study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do,” Murphy said. “And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.”
Sen. Joe Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, and Sen. Susan Collins (R-Maine) sent a letter to the Pentagon on Monday calling for the report to be made available to members of Congress as soon as possible. The Human Rights Campaign issued a similar statement last week.
Asked whether he similarly thinks the report should be available now, Murphy replied, “I think they should release it as soon as it’s completely done.”
Murphy said he’s participated in discussions with Senate leadership and Senate Armed Services Committee Chair Carl Levin (D-Mich.) about moving forward with the fiscal year 2011 defense budget bill, which currently contains “Don’t Ask, Don’t Tell” repeal.
Still, the Pennsylvania lawmaker didn’t offer details on the discussions and characterized them only as “productive.”
Amid reports that talks are taking place to potentially strip the defense authorization bill of its repeal language, Murphy said Republicans have sought a bill without the “Don’t Ask, Don’t Tell” provision.
“I think that’s what the Republicans would like to see,” Murphy said. “But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal ‘Don’t Ask, Don’t Tell’ and put it on the president’s desk, so he can sign it into law.”
With limited time remaining this Congress, it’s possible lawmakers won’t repeal “Don’t Ask, Don’t Tell” this year, leaving Obama to come up with another game plan — perhaps non-congressional action such as a stop-loss order — to put an end to the gay ban.
But Murphy was reluctant to call on Obama to issue a stop-loss order to end discharges under “Don’t Ask, Don’t Tell” and maintained Congress can still repeal the law this year.
“Let’s cross that bridge when we get there,” he said. “Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.”
While seeing a path forward this year, Murphy doubts that Republican leadership in the 112th Congress will be willing to consider “Don’t Ask, Don’t Tell” repeal as part of its agenda.
Asked whether he thinks GOP leaders in the next Congress would be willing to address the issue, Murphy replied simply, “N0.”
During his time in Congress, Murphy has been seen as a leader for “Don’t Ask, Don’t Tell” repeal because of his work moving a measure that would end the ban through the U.S. House.
Murphy took up sponsorship of “Don’t Ask, Don’t Tell” repeal legislation last year, which at the time had about 150 co-sponsors, and gradually built support for the measure.
In May, the work paid off when Murphy submitted a repeal amendment to the House floor that passed by a vote of 234-194.
The work earned Murphy considerable support among the LGBT community in his bid for re-election. Still, he didn’t survive the Republican tide on Election Day and was defeated by his GOP opponent, Mike Fitzpatrick.
But Murphy said he isn’t going to “second guess” whether his leadership on “Don’t Ask, Don’t Tell” repeal contributed to his loss on Election Day.
“My dad taught me that if you don’t stand for something, you fall for anything,” Murphy said. “And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.”
Even with his loss, Murphy said he stands by other tough votes in his district, such his “yes” votes on the $787 billion stimulus package and health care reform.
“We stopped the worst recession from turning into a depression,” Murphy said. “As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.”
And what’s on Murphy’s docket once his term is complete at the end of the year?
“I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game,” Murphy said. “That’s the game plan.”
The transcript of the Murphy interview follows:
ON ELECTION RESULTS
Washington Blade: What’s your take on the election results on Nov. 2? Do you think that your leadership on “Don’t Ask, Don’t Tell” repeal contributed to your loss on Election Day?
Rep. Patrick Murphy: You know, I’m not going to second guess anything. My dad taught me that if you don’t stand for something, you fall for anything. And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.
Blade: Why do you think you think you lost on Election Day?
Murphy: I think it was a tough year for Democrats, and I think my opponent ran a great campaign, and I’m proud of the support that we had, but it was an historic wave that we got caught up in, but … we’re going to continue to stand for middle-class families and for our country and do what’s right.
Blade: Is there anything over your past two terms in Congress that you regret? Anything that you think you could have done differently to win re-election?
Murphy: You know, I don’t live my life with regrets. There’s things here and there. I wish I would have played the lottery numbers differently on Saturday night. … We had an incredible time serving the families of my district and our country, and we helped protect 3,000 jobs, we helped end the war in Iraq, we helped move our country in a new direction. …
Blade: So the vote for the stimulus package, the vote for the health care bill — you stand by them today?
Murphy: Absolutely.
We stopped the worst recession since the Great — we stopped the worst recession from turning into a depression. As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.
ON ‘DON’T ASK’ REPEAL IN LAME DUCK
Blade: How confident are you that Congress is going to be able to repeal “Don’t Ask, Don’t Tell” in the lame duck session?
Murphy: Well, we need the Senate to act. It’s in the Senate’s hands. We did our job over here in the House. I was proud to lead that effort and now we’re continuing to put the appropriate pressure on the Senate to do what’s right for national security.
We’re still in Afghanistan and Iraq and we cannot be forcing honorable men and women who are willing to take a bullet to keep our families safe to be thrown out just because they happen to be gay.
Blade: Are there any conditions that you think need to be met — anything that you think needs to happen — to muster enough support for the Senate to move forward?
Murphy: I think we’ll see — we need the senators, especially on the Republican side, to do what’s right for our troops, and I think it couldn’t be more clear. A lot of them said, “Well, let’s see what the study group says.” Well, the study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do.
And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.
Blade: Have you had conversations with Senate leadership or Senate Armed Services Committee Chair Carl Levin about moving forward with the defense authorization bill in lame duck?
Murphy: Yes.
Blade: How would you characterize those conversations?
Murphy: Productive.
Blade: What made them so productive?
Murphy: You’ll see.
Blade: How serious do you think this talk is of moving forward with the defense authorization bill with the “Don’t Ask, Don’t Tell” language stripped? Is that a serious option that’s on the table?
Murphy: I think that’s what the Republicans would like to see. But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal “Don’t Ask, Don’t Tell” and put it on the president’s desk, so he can sign it into law.
Blade: You mentioned the media reports on the Pentagon study. Do you see that having an impact right now on influencing some senators who were on the fence in getting them to support “Don’t Ask, Don’t Tell” repeal?
Murphy: I hope so because they looked their constituents and the American public in the eye and said, “As soon as this working group comes back, we’ll do the right thing on what it says.” Well, the report came out, it shows how the American military feels that this is a non-issue and that there is … 26 other countries who allow their members to serve openly, and for the American troops, it’s offensive to them to think that they’re not as professional as 26 other countries.
So, hopefully, our senators recognize that and will do what’s right.
Blade: Have you seen the draft report?
Murphy: No.
Blade: Should the Pentagon release the report immediately — the official report? And, if they do that, what kind of impact do you think that would have on getting the ball rolling?
Murphy: I would like to read it, and I would like to see it, and I look forward to reading it.
Blade: But should they release that report immediately?
Murphy: I think they should release it as soon as it’s completely done.
ON THE OBAMA ADMINISTRATION
Blade: Do you think President Obama has been engaged in getting the Senate to move forward with “Don’t Ask, Don’t Tell” repeal in lame duck?
Murphy: Um, uh, yes.
Blade: What evidence do you see of him doing that?
Murphy: Well, I think there’s different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement.
Blade: During a recent press conference, White House Press Secretary Robert Gibbs didn’t identify “Don’t Ask, Don’t Tell” repeal as among the legislative items the president wants to see in lame duck. Is that of concern to you?
Murphy: I think they were waiting for the report to come out. The report is days away from coming out officially — and not just excerpts of it that we’ve all read.
Blade: Is there anything more right now that the president could be doing to get the Senate to move forward with “Don’t Ask, Don’t Tell” repeal?
Murphy: I think once the report comes out we’ll see the full spectrum of engagement from — and the appropriate amount of engagement from the White House once that report comes out from his own Department of Defense.
Blade: Do you think Defense Secretary Robert Gates right now is being engaged in getting the Senate to move forward with the defense authorization with “Don’t Ask, Don’t Tell” repeal?
Murphy: I look forward to Gen. [Carter] Ham’s testimony on Thursday.
Blade: But do you think Secretary Gates is engaged?
Murphy: I look forward to Gen. Ham’s testimony on Thursday.
Blade: Do you think that this process — having a year-long study to examine “Don’t Ask, Don’t Tell” — was the appropriate way to address the issue? Do you think it jeopardized legislative efforts for repeal by leaving only a small window open for action in lame duck?
Murphy: Well, I think the premise behind the study was that — how we’re going to implement “Don’t Ask, Don’t Tell” [repeal], not if we’re going to repeal “Don’t Ask, Don’t Tell.” So, I think it’s interesting — to read that report and how we’re going to implement it.
But the reality of this is I think that we have time to act. We all serve until Jan. 3, and we need to get out there.
Blade: There’s also been some action in courts. A California federal court ruled “Don’t Ask, Don’t Tell” unconstitutional, and for eight days, had an injunction in place preventing enforcement of the law. Do you think it was a mistake for the Obama administration to appeal this ruling?
Murphy: Well, you know, it’s interesting. I actually met a soldier who went and enlisted after that injunction came out. And then, … he was going to get his physical and they had to withdraw.
I think that’s why it’s very clear that Congress needs to do its job and that we can’t punt this to the courts or to the White House. We need to get after it and finally repeal the law that Congress put into place 16 years ago. …
Blade: In the event that Congress doesn’t repeal “Don’t Ask, Don’t Tell” in lame duck, do you think the president should issue a stop-loss order to stop the discharges?
Murphy: Let’s cross that bridge when we get there. Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.
ON THE NEXT CONGRESS
Blade: In the event that Congress can’t do it this year —
Murphy: Congress can do it this year. We all serve until Jan. 3.
Blade: Do you think the 112th Congress will be in an equal position to appeal “Don’t Ask, Don’t Tell” compared to the 111th Congress?
Murphy: I guess time will tell. We’ll see.
Blade: Do you think Republican leadership in the House will be willing to consider “Don’t Ask, Don’t Tell” repeal?
Murphy: No.
Blade: If this fight continues, can you recommend someone in the 112th Congress who can take up the mantle of “Don’t Ask, Don’t Tell” repeal in the U.S. House?
Murphy: Let’s get it done in the 111th Congress now. …
ON HIS PERSONAL FUTURE
Blade: Once your term expires, what do you plan to pursue when you go back to Pennsylvania?
Murphy: I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game. That’s the game plan.
Blade: Is there an occupation that you intend to pursue?
Murphy: We’ll see.
Blade: Do you plan on continuing to be an advocate for open service in the military?
Murphy: I continue to plan on serving my country in some capacity and fighting for the lives that I believe in to make our country even greater.
Blade: And open service in the military is among them?
Murphy: Yes.
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
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.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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