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Sen. Ensign to support ‘Don’t Ask’ repeal: source (UPDATED)

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UPDATE: In a statement, Jennifer Cooper, an Ensign spokesperson, said the senator is awaiting the upcoming Pentagon working group report on “Don’t Ask, Don’t Tell” and testimony from military service chiefs before making a decision on the issue. Additionally, she said Ensign intends to examine “all the merits” of the defense authorization bill before committing to a vote one way or another and is hoping for a “fully open amendment process.”

The complete statement follows:

“Senator Ensign is waiting on the report from the Pentagon and the testimony of the military chiefs to see if any changes to this policy can or should be done in a way so as not to harm the readiness or war fighting capabilities of our troops. Also, he plans to review all of the merits of the Defense Authorization bill before voting one way or another; hopefully it will be a fully open amendment process.”

Additionally, the Blade obtained a copy of Ensign’s constituent letter on “Don’t Ask, Don’t Tell.” Notably, the letter states that the senator believes that Americans “regardless of the sexual orientation” should be able to “fight and risk their lives in defense of this great nation.”

Still, the letter states that “major changes to personnel structure” during a time of war “could be a major distraction” to the troops’ ability to complete their mission.

The complete letter follows:

Thank you for contacting me regarding the policy of “Don’t Ask, Don’t Tell.” I value the opinions of every Nevadan and am always grateful to those who take the time to inform me of their views.

As you may be aware, during the Clinton Administration, Congress enacted new laws and regulations regarding homosexuals and service in the U.S. military. This compromise, commonly known as “don’t ask, don’t tell,” holds that service members are not to be asked about nor allowed to discuss their sexual orientation. The law also states that any uniformed individual is subject to discharge for engaging in, attempting to engage in, or soliciting prohibited conduct.

It is my firm belief that Americans, regardless of their sexual orientation, should be able to fight and risk their lives in defense of this great nation. As a nation currently engaged in combat in Afghanistan and Iraq, the focus of all decisions affecting military readiness, recruiting and retention, and unit cohesion should be to maximize the success of ongoing operations. Major changes to personnel structure while forces are undergoing intense training and being deployed to combat operations could be a major distraction and could degrade our troops’ ability to successfully complete the mission.

On February 2, Secretary of Defense Robert Gates called for a Department of Defense review of the policy. That review is expected to be completed in December of this year. I believe completing that review is necessary before further action is taken so that the concerns of our service members can be fully understood and addressed. All four of the military service chiefs have requested that the results of the review be in hand before legislative action is taken. As you may know, a federal judge in California recently attempted to supersede this process and ruled in court that the military must stop enforcing “don’t ask, don’t tell.” The Department of Justice has stated that it will appeal this ruling. I strongly oppose over-reaching by activist judges and believe that, once the DoD review is complete, the future of the military policy must be carefully considered by the Congress.

The National Defense Authorization Act (NDAA) for 2011 contains a provision repealing the policy and was recently submitted for consideration by the Senate. The NDAA is traditionally a piece of legislation to which defense-related amendments can be offered, and each provision is extensively debated and considered. Had the NDAA come to the floor, the Senate then would have been able to debate the “don’t ask, don’t tell” policy. Unfortunately, Democrats attempted to use this year’s NDAA as a vehicle for non-defense-related provisions and refused to allow an open and fair bipartisan amendment process. As a result, I voted against consideration of the bill and it did not come to the Senate floor. The NDAA can still be brought to the floor during the lame duck session this year, but Democrats have announced their top three priorities for legislation after the elections and national defense did not make the list.

As a former member of the Senate Armed Service Committee and Ranking Member of its Readiness and Management Support Subcommittee, I assure you that I have the utmost respect for those men and women of our nation who choose to serve in the Armed Forces. I believe it is important to weigh competence, courage, and willingness to serve above all for those enlisting in the military. Please rest assured that I will keep your concerns, and the concerns of all Nevadans, in mind. Thank you, again, for sharing your thoughts with me. Please feel free to contact me in the future on matters of importance to you. Should you have any other questions or comments, please do not hesitate to either write or e-mail me via my website at http://ensign.senate.gov.

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Sen. John Ensign (R-Nev.) wants to repeal “Don’t Ask, Don’t Tell” and intends to vote in favor of moving forward with defense budget legislation containing a provision that would end the law, according to the Stonewall Democratic Club of Southern Nevada.

Laura Martin, communications director for the club, said she and other activists on Thursday met with Margot Allen, Ensign’s regional representative on military issues, who informed the group of Ensign’s opposition to “Don’t Ask, Don’t Tell” and intention to vote for the fiscal year 2011 defense authorization bill, which contains repeal language.

“The first question was about ‘Don’t Ask, Don’t Tell’ and his staffer said he supports repeal,” Martin said. “We asked her to clarify three times and she said he will vote in the affirmative on the defense authorization with ‘Don’t Ask, Don’t Tell’ repeal in it.”

Martin said the question they asked was based on the condition that the vote would come up in December after the Pentagon working group completes its report on implementing repeal of “Don’t Ask, Don’t Tell.”

“We said after Dec. 1, when that report is out, and the defense authorization act is up for a vote with the repeal of ‘Don’t Ask, Don’t Tell,’ will the senator vote in the affirmative to pass it?” Martin said. “And she said, ‘He will.’ And we asked her to clarify that two more times and she said, ‘Yes, he wants it repealed.'”

Calls to Ensign’s office weren’t returned on short notice.

Ensign voted against the cloture vote on the motion to proceed to the defense authorization bill in September. During the summer, the Nevada senator told the Washington Blade in a brief exchange on Capitol Hill that he has “concern” about repealing “Don’t Ask, Don’t Tell.” However, Ensign said this concern was based on Congress acting before the Pentagon working group report was complete.

“The problem is you can’t go out and say to the military chiefs, ‘We’re going to survey you and see what you all think,’ and then you pass the bill to repeal it,” Ensign said at the time. “So the study should come first and then you can talk about the repeal or not of [‘Don’t Ask, Don’t Tell’]. So, yes, it is a concern simply because the study’s not done.”

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Congress

House passes spending bill as Greene threatens to oust Johnson

51 of 52 anti-LGBTQ riders were defeated

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Rep. Marjorie Taylor Greene (R-Ga.) speaks at a press conference on Sept. 20. (Washington Blade photo by Michael Key)

The U.S. House of Representatives averted a government shutdown on Friday with a vote of 286-134 to pass the $1.2 trillion spending bill, over the objections of hard-right members like U.S. Rep. Marjorie Taylor Greene (R-Ga.).

The congresswoman subsequently filed a motion to remove House Speaker Mike Johnson (R-La.), who is himself an ultraconservative legislator. The move marked the second time in six months that the party has called for a vote to oust their own leader.

“Today I filed a motion to vacate after Speaker Johnson has betrayed our conference and broken our rules,” said Greene, who refused to say whether she would call up the resolution to call for a snap vote, which likely means the matter will be delayed until after the two-week recess.

Greene and Johnson are at odds over the content of the minibus appropriations package, with the congresswoman calling it a “Chuck Schumer, Democrat-controlled bill” that does not contain conservative policy demands on matters like immigration and LGBTQ issues.

The speaker, meanwhile, proclaimed, “House Republicans achieved conservative policy wins, rejected extreme Democrat proposals, and imposed substantial cuts while significantly strengthening national defense.”

With respect to anti-LGBTQ riders submitted by Republican members, more than 50 were ultimately stripped from the bill, which the Human Rights Campaign celebrated as “a victory,” crediting lawmakers for their “bipartisan, bicameral negotiations.”

Of the 52 anti-LGBTQ riders, only one survived in the $1.2 trillion package passed on Friday: A ban on flying Pride flags at U.S. embassies.

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Congress

Massive defeat for anti-trans, anti-LGBTQ riders in spending bill

Proposal has only one rider that would target community

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U.S. Capitol
U.S. Capitol (Washington Blade photo by Michael Key)

On Thursday, Congress unveiled the much-anticipated spending bill to avert a government shutdown. The bill, which includes funding for major government departments such as Health and Human Services and Education, featured fierce negotiations over conservative “policy riders.” 

These policy riders included bans on coverage for gender-affirming care, DEI bans, sports bans and more. Despite some indications that Democrats might compromise due to the sheer number of conservative policy riders, it appears those fears did not come to fruition. Democrats held firm in negotiations, and the most impactful anti-trans and anti-LGBTQ riders were nowhere to be found.

One policy rider proposed for the Food and Drug Administration would have defunded any hospital that “distributes, sells or otherwise uses drugs that disrupt the onset of puberty or sexual development for those under 18,” a measure targeting not only transgender youth but also those experiencing precocious puberty. 

Another rider sought to bar any government funding toward “surgical procedures or hormone therapy for the purposes of gender-affirming care” in the Department of Health and Human Services. This move would have significantly impacted private and subsidized insurance in the Healthcare Marketplace. It also aimed to bar the enforcement of President Joe Biden’s executive order titled “Preventing and Combating Discrimination on the Basis of Gender Identity,” which broadened anti-discrimination protections for trans individuals.

Additional riders included bans on funding for any organization that “promotes transgenderism,” Title IX protections for trans youth, bans on legal challenges against states over anti-LGBTQ+ laws, book bans, DEI bans and more.

In total, over 40 riders were proposed and negotiated in the spending bills. None of these were found in the final bill.

Ultimately, the final spending bill released contained only a single anti-LGBTQ rider: A ban on Pride flags being raised or displayed above foreign embassies. The policy, while certainly qualifying as anti-LGBTQ and a regression to Trump-era policies, notably does not bar personal displays of Pride flags by embassy workers.

In the past, some embassies have gotten around such bans by not “flying a flag over the embassy” but rather, painting portions of the embassy in rainbow colors or draping flags on the side of buildings.

News of the defeat of the most impactful anti-trans and anti-LGBTQ riders comes after a significant push from Equality Caucus Democrats and the Biden administration against the riders. “As you negotiate government funding for Fiscal Year 2024 (FY24), we write to strongly urge you to reject any attempts to include anti-LGBTQ+ provisions in any final FY24 funding agreement,” said a letter signed by 163 representatives on behalf of the Congressional Equality Caucus to the Biden administration.

However, Republicans also pushed hard for their inclusion. In a shutdown threat issued Feb. 21 from the House Freedom Caucus, Republicans indicated that bans on gender affirming care and trans participation in sports were necessary to prevent a potential shutdown.

Previously, U.S. Dan Crenshaw (R-Texas) stated that such bans are the “hill we will die on.” In a report published by Axios, one Republican lawmaker stated, “People are predicting a shutdown even if it’s just for a few days.” Others concurred, citing gender affirming care riders as one of the potential reasons for such a shutdown.

Many anti-LGBTQ leaders in the Republican Party reacted negatively to the bill. U.S. Rep. Matt Gaetz (R-Fla.) expressed anger at funding for the New Jersey Garden State Equality in Education Fund, calling it “force feeding the LGBT agenda in schools” and stating that it enables “gender mutilation surgeries in minors,” “biological men” in women’s bathrooms and trans participation in sports.

U.S. Rep. Marjorie Taylor Greene (R-Ga.) decried the lack of a DEI ban. U.S. Rep. Andrew Clyde (R-Ga.) stated that Republicans “surrendered” to Democrats on hormone therapy. The House Freedom Caucus published a lengthy list of healthcare and equality centers that the budget would fund, urging the GOP to vote “no” and to shut down the government.

In a press release published by House Appropriations Democrats, they stated that the bill rejected over a hundred poison-pill riders, many of which targeted LGBTQ people. For example, the Labor-HHS-Education portion of the bill blocked provisions around gender affirming care, sports bans and nondiscrimination.

See the House Appropriations Democrats statement:

Press release, House Appropriations Democrats on Labor-HHS-Education

The bill must pass by Friday evening to avert a government shutdown, though the impacts of such a shutdown would likely not be felt until Monday. If passed, the bill would keep the government funded through September, at which point all of the riders could resurface during the peak of the 2024 presidential election.

However, for the next several months, LGBTQ riders will not pose a significant threat in a year where trans and queer individuals have faced attacks at historic levels.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Congress

Padilla, FCC introduce measure to improve 988 Suicide and Crisis Lifeline

HHS launched effort in 2022

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U.S. Sen. Alex Padilla (D-Calif.) (Screen capture: YouTube)

U.S. Sens. Alex Padilla (D-Calif.) and Thom Tillis (R-N.C.), joined by U.S. Rep. Tony Cárdenas (D-Calif.), Federal Communications Commission Chairwoman Jessica Rosenworcel and U.S. Secretary of Health and Human Services Xavier Becerra, introduced a measure on Thursday to improve the 988 Suicide and Crisis Lifeline.

Calls are currently routed to mental health professionals and local public safety officials based on the caller’s area code — even though, as the lawmakers and officials noted during their announcement — in many cases, the area code, especially for cell phone numbers, does not match the location from which they are calling.

Under the new proposal, Padilla said, “We’re going to be in a position to be able to provide care as quickly and as safely as possible.”

“In the same way that 911 calls in the case of an emergency are routed to local providers, local first responders, so ambulances can come out and help quickly when you call 911, 988 should be tied to a caller’s location, not their area code,” he said.

Calling Padilla, Tillis, and Cárdenas “great champions of mental health,” Rosenworcel noted, “that’s not our stock and trade” at the FCC.

“We are people who deal with technology and communications,” she said, “but we came to realize that we could work with Congress to make sure that everyone in this country who’s going through a crisis has someone to call and someone who can listen — and that’s why in 2022, we set up 988, the easy-to-remember three digit number for anyone who is in crisis.”

A press release from Padilla’s office explains the details for how the update to the 988 Suicide and Crisis Lifeline will work:

“The Notice of Proposed Rulemaking (NPRM) announced today seeks to address the discrepancies and inefficiencies of the current system by proposing the adoption of a rule that would require a georouting solution to be implemented for all wireless calls to the 9-8-8 Lifeline while balancing the privacy needs of individuals in crisis. 

Georouting refers to technical solutions that enable calls to be directed based on the location of the caller without transmitting the caller’s precise location information. These solutions would permit wireless calls to the 9-8-8 Lifeline to be directed to nearby crisis centers based on factors such as the cell tower that originated the call rather than the area code of the wireless device used to place the call.”

The 988 Suicide and Crisis Lifeline offers LGBTQ-affirming counseling, which is accessible by pressing three.

A 2023 survey by the Trevor Project, which included more than 28,000 LGBTQ participants aged 13-24, found that 41 percent had seriously considered suicide within the past year and 56 percent wanted — but were unable to get — mental health care within the last year.

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