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Donnelly continues crusade against ‘Don’t Ask’ repeal

CPAC speaker wants more hearings before ban is lifted

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Elaine Donnelly (Blade photo by Michael Key)

A leading opponent of “Don’t Ask, Don’t Tell” repeal is continuing her effort to prevent gays from serving openly in the U.S. military and is calling for extended discussion before the military’s gay ban is lifted.

Elaine Donnelly, president of the Center for Military Readiness, on Thursday called for more congressional hearings on allowing gays to serve openly in the military and time to question Pentagon officials before repeal of “Don’t Ask, Don’t Tell” takes effect.

“Our position is Congress should tell the Pentagon, ‘Not so fast!'” she said. “They need to ask questions, they need to have hearings. We need to keep in mind what is the most important thing. … Certainly, the military is too important to be used for social engineering, political payoffs. Diversity is important, yes, but not as a primary goal.”

Donnelly urged for greater deliberation before enacting “Don’t Ask, Don’t Tell” repeal during a panel titled “How Political Correctness Is Harming America’s Military” at the 2011 Conservative Political Action Conference in D.C.

In 20o8, Donnelly gained notoriety as an opponent of gays in the military when she testified during a House hearing on “Don’t Ask, Don’t Tell.” After her testimony, when she decried the possible spread of “HIV positivity” in the military and the “forced intimacy” of straight troops serving with gays, Donnelly was widely criticized and lampooned by the media.

During her CPAC panel appearance, Donnelly denounced the law allowing for repeal of “Don’t Ask, Don’t Tell” that President Obama signed in December, which she said was “rushed through recklessly” in the lame-duck session of the 111th Congress.

“It’s supposed to be a non-discrimination policy,” she said. “But instead of calling it ‘Not “Don’t Ask, Don’t Tell,”‘ … let’s give it a name. We call it the ‘Lesbian, Gay, Bisexual, Transgender Law for the Military’ — ‘LGBT Law’ for short. We have to start thinking about it in terms of what it would do.”

The repeal provides for an end to “Don’t Ask, Don’t Tell” only after the president, the defense secretary and the chairman of the Joint Chiefs of Staff certify the U.S. military is ready for repeal. But Donnelly said this language was a “meaningless” provision in the law.

“There’s going to be a lot of problems,” she said. “The Congress has yet to have hearings on the House side on this, so our position is this: don’t you think we should ask some questions first?”

Fred Sainz, vice president of communications for the Human Rights Campaign, said the debate over ending “Don’t Ask, Don’t Tell” has gone on for 17 years and noted House and Senate committees had several hearings in the last Congress.

“No more discussion is needed on this issue,” Sainz said. “And I think Republicans and Democrats, not just Democrats, but Republicans and Democrats, concluded that that was the case when they voted to go ahead and pass this legislation last year. At some point, you just have to call the question, and that’s exactly what happened.”

During the panel, Donnelly said she and other opponents of “Don’t Ask, Don’t Tell” repeal assembled a 25-page list of questions that “not should be asked, but must be asked” to evaluate the mesaure passed last year.

Among the questions, Donnelly said, is which of the findings in the 1993 law are not valid — how will the armed forces “train people to be less senstive to sexual privacy and modesty.”

Donnelly also raised concerns about “zero tolerance” for service members who object to serving alongside openly gay people.

“What about when you have a problem and say, “This needs to changed,'” Donnelly said. “And someone says, ‘What’s the matter with you? Is there something wrong with your attitude? Are you prejudiced? We’ll get you more training — more LGBT training.'”

Alex Nicholson, executive director of Servicemembers United, said what Donnelly referred to as “zero tolerance” is actually unprofessional behavior in the U.S. military.

“You see a lot, in my experience, from people who oppose this policy change and others, the desire to express their beliefs in an inappropriate and unprofessional manner, and then they get upset when they’re not permitted to engage in that type of behavior,” Nicholson said.

Donnelly also said the controversies found in teaching about same-sex couples in civilian schools would mean the military would likewise have similar problems and would need to implement a “school of choice” system.

“We know how controversial it is to have LGBT training in civilian schools,” Donnelly said. “Just imagine what that’s going to be in the Department of Defense schools where there really is no choice. Will we not need ‘school of choice’ in the Department of Defense? Yes, we will.”

Nicholson said Donnelly’s assertion is a example of someone “talking about the military who has never spent one single day in uniform.”

“There aren’t multiple ideologically based training schools for anything in the military, whether that be for occupations or the leadership academies and things like that,” he said.

Also, Donnelly said military chaplains would have to “endorse homosexuality” if they had to be ministers for openly gay people in the military.

“It was said during hearings in the Senate, ‘Well, we’re going to lose a lot of chaplains,’ so one of the questions is ‘How many chaplains are we going to lose?'” she said.

Sainz identified Donnelly’s assertion about chaplains as among “the half-truths or complete falsehoods” that she’s been repeating in her opposition to “Don’t Ask, Don’t Tell” repeal.

“No one’s being asked to endorse homosexuality,” Sainz said. “It’s kind of a bizarro statement. They are not being asked to put their religious beliefs aside.”

In addition to denouncing the repeal law, Donnelly also took issue with the Pentagon’s report on “Don’t Ask, Don’t Tell.” Taking a line from Sen. John McCain (R-Ariz.), an opponent of repeal in the Senate, Donnelly said the survey that went out to service members as part of the report didn’t ask the right question.

“The survey that was done, the RAND Corp. had a lot to do with it, and a company called Westat or something,” Donnelly said. “They had all these questions and they never once asked the question: ‘Do you favor retention or repeal of the law?'”

One of the questions on the survey asks service members if “Don’t Ask, Don’t Tell” is repealed and they are working with someone who says he or she is gay, how would it affect their unit’s ability to work together to get the job done. About 70 percent of responders said it would have a positive, mixed or no effect.

Nicholson said Donnelly didn’t like the questions that were part of the survey because they didn’t result in responses that would have worked in her favor.

“I think she’s just upset that the purpose was not to conduct a referendum on military policy among members of the force because she thinks she would have won that referendum,” he said.

Joining Donnelly during the panel discussion was Ilario Pantano, a Marine sniper who served in the Iraq war, who used his discussion time to argue that the United States is a Christian nation and that China is building up its defenses “because they fear Jesus Christ.”

Pantano also said he concurred with Donnelly’s sentiments and noted that former Rep. Patrick Murphy, who championed “Don’t Ask, Don’t Tell” repeal in the U.S. House, received what he said was $90,000 from the liberal MoveOn.org and $40,000 from the Human Rights Campaign in the 2010 election.

“If people talk ultimately about issues of fairness, why are they needing to spend tens of millions of dollars to lobby the Democratic Party if it’s truly about efficacy and the good of the people who’ve been in the armed forces,” Pantano said.

In response, Sainz said HRC’s contributions to Murphy’s campaign are “hardly remarkable” because the Pennsylvania lawmaker was a friend and deserved re-election. Sainz added right-wing groups are donating money to anti-gay lawmakers who oppose “Don’t Ask, Don’t Tell” repeal.

Sainz also said Pantano was being “wildly inaccurate” on the money he says HRC spent on the Murphy campaign. According to the Federal Election Commission website, HRC contributed slightly more than $9,000 to Murphy’s campaign in the 2010 election.

Donnelly also attempted to raise fears about the “Don’t Ask, Don’t Tell” repeal law by saying it could open the door to allow openly transgender people in the military. Currently, transgender people aren’t allowed to serve in the armed forces because of regulations.

“Right now, they’re saying no transgenders,” Donnelly said. “They’ve thrown the ‘T’s’ under the bus. But the president has celebrated ‘LGBT Equality Month’ twice in the month of June. So why not? Why not? What is the rationale for excluding them?”

Mara Keisling, executive director for the National Transgender Center for Equality, said Donnelly was raising the issue of transgender people in the U.S. military to draw attention to “her last shrill efforts to try to stop “Don’t Ask, Don’t Tell’ repeal,” but added she’s right that trans people shouldn’t be excluded.

“There is no more reason to exclude trans people from service than there is to exclude women, or anybody, African Americans or gay people,” Keisling said. “It’s just all based on old stereotypes that people like Elaine Donnelly use to advance their own causes.”

Keisling noted that the national study on trans people made public last week found that 20 percent of them were veterans, which she said was double the national average.

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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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

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

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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

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

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.

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