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After ‘Don’t Ask’ repeal, what’s next?

‘Our goals have been met’

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Groups that worked to advance “Don’t Ask, Don’t Tell” repeal last year aren’t resting on their laurels as they continue to see work ahead in ensuring that open service is implemented and gays in the military are treated fairly.

In the near term, the main priority for those organizations now that President Obama has signed legislation allowing for “Don’t Ask, Don’t Tell” repeal is to ensure that certification of open service happens swiftly.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization will pursue open service as required by the law signed by the president.

“Dec. 22 was a great day, but the reality is, we don’t have repeal,” Sarvis said. “The reality is ‘Don’t Ask, Don’t Tell’ is still the law. So, our first priority is the first 90, the first 180 days is to get certification.”

Aaron Belkin, director of the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, said his organization will be in “monitoring mode” for possibly the remainder of the year.

“The finishing line is here, but we haven’t crossed it yet, unless and until we get certification and good regulations,” Belkin said. “Our job at this point is to just make sure that the process continues and that if there’s any foot-dragging at the Pentagon, that we call attention to it.”

Belkin said he anticipates the Palm Center will produce another study about three or six months after certification is issued to determine if implementation was successful.

The measure Obama signed would only enact open service after the president, the defense secretary and the chairman of the Joint Chiefs of Staff certify that the U.S. military is ready for “Don’t Ask, Don’t Tell” repeal.

Further, after certification takes place, a 60-day waiting period for congressional review must pass before gays can serve openly in the U.S. military without fear of discharge.

In the State of the Union address on Tuesday, Obama committed to certifying “Don’t Ask, Don’t Tell” repeal before the year is out. The president said he expects certification to happen in a “matter of months” in an interview last month with The Advocate.

Defense Secretary Robert Gates has said he won’t issue certification for open service until new regulations are drafted and training has been instituted in the armed forces.

Beyond certification, groups working on “Don’t Ask, Don’t Tell” foresee a number of outstanding tasks that will remain, including providing legal services and ensuring that benefits are offered to gay troops.

Sarvis said SLDN will continue to provide legal services to gay service members who are facing discharges or who have questions about coming out while in service.

“I think, as an organization, SLDN will still be here providing legal services, working with Congress on oversight and being a resource to the Pentagon to make open service a reality,” he said.

Sarvis said since the legislation was signed, SLDN has heard from more than 225 service members who’ve called with questions about continuing to serve safely or receiving benefits in the post-repeal military.

Further, Sarvis said ensuring gay service members receive the same benefits afforded to straight service members would be another aim for SLDN.

“The post-repeal focus, in large part, will be parity for LGBT service members — particularly parity with respect to benefits: health benefits, GI benefits across the board,” Sarvis said.

The Pentagon report on “Don’t Ask, Don’t Tell” — published Nov. 30 — states that the Defense of Marriage Act prohibits the U.S. military from affording many benefits to same-sex partners of service members, but other benefits, such as death benefits and hospital visitation access, would still be available.

Sarvis said a combination of DOMA and other regulations prohibit gay service members from receiving the same benefits as their straight counterparts, but there is some leeway.

“There are some instances where the [defense] secretary has some authority with respect to definitional changes for dependents … but for most benefits, particularly involving spouses … DOMA is a big barrier,” Sarvis said.

Belkin also acknowledged that a number of tasks will remain even after certification takes place and open service is implemented — although he said he doesn’t know if the Palm Center would be the best organization to address them.

Among the outstanding jobs that Belkin cited are providing employee resources to liaison between gay troops and the Pentagon; promoting public education on transgender people in the U.S. military; and working with the Department of Veterans Affairs to create programming for gay service members.

Beyond the upcoming year, Belkin said he isn’t sure what tasks the Palm Center will pursue, but added he suspects consultation with other organizations could be on the agenda.

“We’ll be offering advice or pro-bono consulting to any organization that wants to learn some of the lessons that we learned along the way about public education and how to use social science to inform public policy conversations,” Belkin said.

Pro-LGBT groups that took on “Don’t Ask, Don’t Tell” as part of a portfolio that included other issues plan to continue to use resources for other items on the agenda.

Fred Sainz, HRC’s vice president of communications, said his organization last year contributed about $3.5 million to the “Don’t Ask, Don’t Tell” repeal effort. But he cautioned against asking where that money would go this year.

“It’s not necessarily a fair posit to say, ‘You have these resources, which you dedicated to “Don’t Ask, Don’t Tell,” what are you going to do with that pot of money now?'” Sainz said. “Because as you know, the [‘Don’t Ask, Don’t Tell’] issue changed considerably over the course of the year and we don’t yet know either the opportunities or the vulnerabilities that we have going into this coming year.”

One lingering question: What will anti-gay groups dedicated to keeping “Don’t Ask, Don’t Tell” on the books do now that legislative action on repealing the law is complete.

Elaine Donnelly, president of the Michigan-based Center for Military Readiness, was among the leading advocates attempting to stop gays from serving openly in the military. The “forced intimacy” of having gay troops serve with straight service members was among her favorite phrases.

The Center for Military Readiness didn’t respond to multiple requests on what the organization will pursue now that legislation has been passed to repeal “Don’t Ask, Don’t Tell.”

Belkin noted that Donnelly pursued keeping gays out of the military as part of a broader effort that includes preventing women from serving in combat.

“Her broad concern is the feminization of the military,” Belkin said. “So, there are a lot of ways in which she has tried to roll the country back to the 20th or the 19th century, so she has plenty of culture wars left to fight.”

Whether groups that have focused on “Don’t Ask, Don’t Tell” will have reduced resources now that legislative action is complete also remains in question.

Sarvis said “time will tell” what kind of resources SLDN will have as he acknowledged the organization’s board approved in November — and reaffirmed in December — a slightly smaller budget from what it had last year.

According to Sarvis, SLDN’s board approved a budget for 2011 that was around 12.5 percent smaller than it was in 2010. He said it decreased from $2.4 million to $2.2 million.

Belkin said he doesn’t think the Palm Center will have same budget as it had in previous years and said the organization plans to stop fundraising.

“We have endowments that will keep sustaining us at a lower level capacity, but, I think, for the most part, once “Don’t Ask, Don’t Tell” is gone, then the biggest part of our mission will be over, and we’ll be one of those organizations that’s fortunate enough to say, ‘Our goals have been met,'” Belkin said.

Servicemembers United couldn’t be reached for comment on what the organization intends to pursue now that legislative action on “Don’t Ask, Don’t Tell” repeal is complete.

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Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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Results from key Tuesday primary races

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Democratic State Sen. Scott Wiener (Photo courtesy of Scott Wiener)

State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election. 

The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump. 

In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.

In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.

In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.  

The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple. 

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White House Correspondents’ Dinner rescheduled after shooting

‘We will not allow an act of violence to have the last word’

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The scene inside April’s White House Correspondents’ Dinner after shots rang out. (Washington Blade photo by Joe Reberkenny)

The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.

Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.

“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members. 

She did not announce further details, including venue and ticketing. 

Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.  

This post will be updated as more details are announced.

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