National
Supporters bullish about repealing ‘Don’t Ask’
But GOP aide warns ‘minefields’ await
Capitol Hill observers are optimistic that sufficient support now exists to pass standalone “Don’t Ask, Don’t Tell” repeal legislation amid questions about when the Senate will take on the legislation.
A Senate Democratic aide, who spoke to the Blade on condition of anonymity, said the chances of passing the new standalone repeal legislation are “looking better and better each day.”
“Based on what I’m hearing, I think there is a very keen interest by Democratic leaders in the Senate and the House to make a standalone bill a big priority,” the aide said. “I think that they are taking steps to ensure that chances are good for passage.”
Winnie Stachelberg, vice president for external affairs at the Center for American Progress, also said she believes there’s a chance the bill will pass before Congress is out of session.
“Having a chance is all that you need,” she said. “And you need the pieces to fall into place and the commitment of those on the Hill and the White House to get it done. People really need to lean into this to get it done.”
But a Senate Republican aide, who also spoke on condition of anonymity, was more cautious and said passage depends “on so many variables.”
“I think if the omnibus, the continuing resolution, all that stuff stretches past Thursday night, Friday, then it gets real difficult,” the aide said. “Those things are already set in motion. It could happen, but there’s just a lot of minefields.”
Sen. Joseph Lieberman (I-Conn.) introduced the new repeal legislation last week after the Senate on Thursday failed to meet the 60-vote threshold necessary to move major defense budget legislation to the floor containing “Don’t Ask, Don’t Tell” repeal.
Lieberman’s legislation is identical to the “Don’t Ask, Don’t Tell” provision in the fiscal year 2011 defense authorization bill. Even if the standalone is signed into law, repeal wouldn’t take effect until the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready to implement open service.
Support for the legislation in the Senate has grown rapidly as Lieberman — and Sen. Susan Collins (R-Maine), an original co-sponsor for the bill — have worked to gather co-sponsors for the legislation. According to the Human Rights Campaign, the measure as of Monday had 40 co-sponsors.
Joe Solmonese, president of HRC, said the growing number of co-sponsors for the legislation “adds momentum” to the effort to legislatively repeal “Don’t Ask, Don’t Tell” this year.
“Now the question is whether the Senate and House will take up this measure quickly and get it to the president’s desk,” Solmonese said. “There should be no excuses for inaction.”
When the bill comes to the floor, eyes will be on senators who say they support repeal, but didn’t vote in favor of bringing the defense legislation to the floor last week, such as Sens. Scott Brown (R-Mass.), Richard Lugar (R-Ind.) and Lisa Murkowksi (R-Alaska).
Last week, many Republicans said they were voting “no” because they didn’t believe the amendment process was fair enough for Republicans. The defense authorization bill typically takes several days of debate and both parties offer amendments to the legislation.
This year, Senate Majority Leader Harry Reid (D-Nev.) had proposed 10 Republican amendments and 5 Democratic amendments as part of the agreement to proceed to the legislation.
But the Republican aide noted that passing “Don’t Ask, Don’t Tell” as standalone legislation as opposed as passing it as part of the defense authorization bill eliminates arguments to vote “no” on procedural grounds.
“You take away everything that people had problems with — procedure, tax cuts and everything else,” the aide said. “It’s a ‘Hail Mary’ pass, but could it work? Yes.”
Stachelberg also said the standalone bill would have a better chance because Republicans wouldn’t be able to say they were being offered an unfair deal for amendments on the larger defense bill.
“We can argue they got that or not with the deal that was offered, but they didn’t feel like they got that,” Stachelberg said. “The process arguments with respect to repeal of ‘Don’t Ask, Don’t Tell’ fall away when you strip out the context of the defense authorization bill.”
As attention remains focused on whether sufficient support exists in the Senate to pass the bill, action is underway in the House to act first to make repeal efforts less complicated in the upper chamber.
On Tuesday, Rep. Patrick Murphy (D-Pa.) introduced companion legislation in the U.S. House. Drew Hammill, spokesperson for U.S. House Speaker Nancy Pelosi (D-Calif.), said a vote on the bill will take place on Wednesday.
The plan was to have a vote in the House and to send the legislation to the Senate as a “privileged” bill, which would allow the Senate to take up the measure without having a cloture vote on the motion to proceed.
The maneuver would skip the 60 votes needed for the motion to proceed with the legislation and shave off the 30 hours of time that is normally needed after cloture is filed to vote on whether to end debate.
Still, even with this plan, the Senate would need 60 votes to proceed to final passage of the legislation.
But the timing for when the Senate would bring up the vote after the House acts remains in question.
Asked if he could offer an estimate for when the Senate would take up repeal legislation, Fred Sainz, HRC’s vice president of communications, replied, “No, my friend, nobody knows that.”
Sources have said Senate Majority Leader Harry Reid (D-Nev.) intends to bring the legislation to the floor before year’s end, but when the bill would come up amid other priorities — such as the START Treaty, a nuclear arms reduction agreement — remains in question.
Jim Manley, a Reid spokesperson, said Monday there’s “nothing to announce yet” on when the bill would come to the floor and said Senate leadership is “still working on next steps for everything we have left to do.”
Some sources say the new repeal legislation could come to the floor as early as this week after the Senate resolves the extension the Bush-era tax cuts, but others say “Don’t Ask, Don’t Tell” would come next week to the floor after additional measures are addressed.
On Monday, White House Press Secretary Robert Gibbs said he believes the START Treaty would come up “soon after” the Senate has finished work on the tax extension plan.
“Obviously it’s unclear yet the number of hours of debate after the procedural vote today before the Senate takes up for final passage of the tax agreement,” he said. “But I think fairly soon after, the Senate will move to the debate on START ratification.”
Still, Gibbs said he thinks “Don’t Ask, Don’t Tell” is part of the “basket of issues” that the Senate will take up before adjourning for the year.
“I think there’s no doubt that based on the votes last week, it’s clear that a majority of the Senate supports the President’s position of doing away with ‘Don’t Ask, Don’t Tell” — repealing that,” Gibbs said. “Certainly our hope is that the Senate will take this up again and it will see this done by the time the year ends.”
The Senate Democratic aide said another attempt to bring up the defense authorization bill — this time with the “Don’t Ask, Don’t Tell” language and other provisions stripped — could come up first for a vote before the standalone repeal bill.
“My strong guess is that the defense bill will have ‘Don’t Ask, Don’t Tell’ and some other sensitive provisions stricken out so that the defense bill could pass fairly easily, and then we could move on to ‘Don’t Ask, Don’t Tell,’ which I think has 60 votes,” the aide 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.”
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