National
U.S. House approves defense bill with anti-gay provisions
Bill reaffirms DOMA, could disrupt ‘Don’t Ask’ repeal

The U.S. House approved on Thursday major Pentagon budget legislation that includes anti-gay language that could disrupt “Don’t Ask, Don’t Tell” repeal and would reaffirm the Defense of Marriage Act.
By a vote of 322-96, the Republican-controlled House approved the fiscal year 2012 defense authorization bill after three days of debate that discussed continued military operations in Afghanistan, funding for next-generation military programs and increased pay rates for U.S. troops.
Among the many provisions of the defense authorization bill is anti-gay language that the House Armed Services Committee inserted upon consideration of the legislation.
The most high-profile anti-gay provision — offered as an amendment by Rep. Duncan Hunter (R-Calif.) — is language that would expand the certification requirement needed for repeal to include the four military service chiefs. Such a provision would complicate the repeal process established by the law signed in December, which would implement open service after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.
Another provision, offered as an amendment by Rep. Vicky Hartzler (R-Mo.), reaffirms that the Defense Department and its regulations are subject to the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.
Yet another provision — offered as an amendment by Rep. W. Todd Akin (R-Mo) — prohibits military facilities for being used for same-sex marriage ceremonies, even in states where same-sex marriage is legal, and prevents military chaplains from presiding over same-sex marriages in their official capacities. The language would expand the federal restrictions on same-sex marriage beyond what DOMA already imposes.
Laura Murphy, director of the ACLU Washington Legislative Office, expressed concerns over passage of the legislation — particularly for the inclusion of a provision authorizing worldwide war against terrorism suspects and nations suspected of supporting them — in addition to objecting to the provision that would complicate “Don’t Ask, Don’t Tell” repeal.
“Trying to throw a roadblock up to derail ‘Don’t Ask, Don’t Tell’ repeal at this point is a desperate attempt to postpone the inevitable,” Murphy said. “For nearly 20 years, lesbian, gay and bisexual service members have been forced to hide who they are and who they love in order to serve their country. It was with the will of the president, the uniformed and civilian leadership of the military and Congress itself that ‘Don’t Ask, Don’t Tell’ was repealed and its implementation will continue to move forward successfully despite the attempts by some House members to disrupt it.”
A number of lawmakers who supported “Don’t Ask, Don’t Tell” repeal last year voted in favor of the defense authorization bill despite the anti-gay language. On the House floor, some pro-repeal lawmakers said they were casting affirmative votes because they said they think the bill as whole is good for the U.S. armed forces.
On Tuesday, Rep. Susan Davis (D-Calif.), ranking Democrat on the House Armed Services personnel committee, objected to the language in the bill related to “Don’t Ask, Don’t Tell” as she expressed support for the legislation as a whole.
“While there are many good provisions in this bill, I must raise my extreme disappointment with several sections that were included by the majority that seek to delay and prevent gays and lesbians from serving in uniform,” Davis said. “One of the liberties that we as Americans hold dear is that we are all created equal. These individuals should be entitled to serve their Nation in uniform and should not be denied the opportunity.”
House Minority Leader Nancy Pelosi (D-Calif.) was also among the “Don’t Ask, Don’t Tell” repeal supporters who voted in favor of the defense authorization bill.
Drew Hammill, a Pelosi spokesperson, said the Democratic leader voted for the defense authorization bill despite the “Don’t Ask, Don’t Tell” language because she believes this provision won’t ultimately make it to the president’s desk.
“Leader Pelosi strongly opposes the [‘Don’t Ask, Don’t Tell’] language in the [defense] Authorization bill but believes the provisions concerning [‘Don’t Ask, Don’t Tell’] repeal will be removed in conference,” Hammill said. “If these provisions remain intact and are an obstacle to [‘Don’t Ask, Don’t Tell’] repeal implementation, she believes President Obama should veto the legislation.”
But each of the four openly gay members of Congress — Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) — were among the among the 96 “no” votes on the legislation.
Although the House approved the defense authorization bill with anti-gay language, passing such a measure into law would be challenging because the Democratic-controlled Senate would have to agree to the anti-gay language during conference negotiations.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization is looking to the Senate to ensure the anti-gay provisions won’t appear in the final version of the defense authorization bill.
“The opposition may well believe they won the day in the House, simply outnumbering repeal advocates,” Sarvis said. “But this fight is far from over. We must look to repeal supporters in the Senate, where the defense bill will be taken up next and where we are better positioned than in the House. We need to beat back this harmful language and make sure it does not survive in conference committee.”
Another roadblock for the anti-gay language is President Obama, who would have to sign the provisions into law as part of the larger measure for them to enacted. The White House issued a Statement of Administration Policy earlier this week denouncing the provisions related to “Don’t Ask, Don’t Tell” and DOMA — although stopped short of threatening to veto the bill over this language.
Moreover, the certification expansion for “Don’t Ask, Don’t Tell” repeal may well be a moot point even if the legislation reaches the president’s desk. Defense officials have testified that certification for repeal could happen mid-summer, and the final version of the defense bill likely will not reach the president’s desk until after that time, rendering the provision useless.
Alex Nicholson, executive director of Servicemembers United, expressed skepticism about the anti-gay measures becoming law or thwarting “Don’t Ask, Don’t Tell” repeal.
“The passage of the defense authorization bill with these hostile amendments included comes as no surprise, and it should not become a cause for concern as long as our allies in the Senate and the president all stand strong and refuse to support a defense bill containing these amendments,” he said. “These amendments were nothing short of a waste of time by lawmakers who were sent to Washington to do serious business and a waste of taxpayer money. The Pentagon, the president, and the American people have made it abundantly clear — we are moving forward and building a stronger military free of unnecessary discrimination.”
No attempt was made on the House floor to strip the defense authorization bill of its anti-gay language. Del. Eleanor Holmes Norton (D-D.C.) had intended to offer an amendment to remove the language related to “Don’t Ask, Don’t Tell,” according to the Rules Committee website, but never offered the measure. Kezmiche Atterbury, a Norton spokesperson, said her boss “withdrew her amendment for tactical reasons.”
Informed sources said House Democratic leaders offered those who worked last year to repeal “Don’t Ask, Don’t Tell” repeal the opportunity for an amendment on the floor to eliminate the language in the defense authorization bill related to certification expansion.
However, the five major repeal organizations — the Human Rights Campaign, Servicemembers Legal Defense Network, Third Way, Servicemembers United and the Center for American Progress — agreed to decline the opportunity for the amendment.
According to sources, repeal advocates believed such a amendment would likely fail and could pick up support from moderate House Democrats. A defeat on the House floor, advocates believed, would increase the chances of the Senate adopting the certification expansion language.
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

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.
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

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.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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