National
After ‘Don’t Ask’ repeal, what’s next?
‘Our goals have been met’
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.
National
Anti-trans visa ruling echoes Nazi regime destroying trans documents
Trump administration escalates attacks on queer community
The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”
The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.”
This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.
As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.”
Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation.
By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents.
With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”
This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions.
While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933.
In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare.
Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people.
The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.
The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.”
As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.”
In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.
House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.
The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.
“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
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