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Pressure builds on Obama to address “Don’t Ask” in State of the Union

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President Obama is facing increased pressure from opponents of “Don’t Ask, Don’t Tell” to address how he’ll tackle his pledge to overturn the law in his upcoming State of the Union speech.

Those seeking end the 1993 law banning gays from serving openly in the U.S. military are looking to Obama to discuss on Wednesday his plans for overturning the ban this year.

Alex Nicholson, executive director of Servicemembers United, said he’s received “strong indications” that Obama will address “Don’t Ask, Don’t Tell” in his speech, but said he doesn’t believe the president “will go as far as some in our community would like.”

“There is some strategic risk involved in mentioning ‘Don’t Ask, Don’t Tell’ in the State of the Union address, but its inclusion will send a strong message that the White House is still serious about taking on the issue this year,” Nicholson said.

The Human Rights Campaign declined to comment on whether the inclusion of “Don’t Ask, Don’t Tell” in the State of the Union address prior to Obama’s speech.

On Wednesday, two prominent opponents of “Don’t Ask, Don’t Tell” — Sen. Kirsten Gillibrand (D-N.Y.) and former Chairman of the Joint Chiefs of Staff Gen. John Shalikashvili — issued a joint statement through the senator’s office reiterating their belief that now is the time for overturning the law.

Shalikashvili said a country “built on the principle of equality” should embrace “change that will build a stronger, more cohesive military.”

“It is time to repeal ‘Don’t Ask, Don’t Tell’ and allow our military leaders to create policy that holds our service members to a single standard of conduct and discipline,” he said.

Gillibrand was similarly critical of the ban and called it “an unjust, outdated and harmful rule that violates the civil rights of some of our bravest, most heroic men and women.”

“I’ve been working with my colleagues in Congress and other leaders to overturn this wasteful and destructive policy,” she said. “I am hopeful that President Obama will make this a top priority.”

Whether or not President Obama will address “Don’t Ask, Don’t Tell” during his State of the Union speech remains uncertain, although there are signs he will include it in his address.

On Monday, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters he had postponed a hearing on the issue initially set for this month because he was told Obama may talk about the ban in his State of the Union address.

And White House Press Secretary Robert Gibbs said during a press conference on Tuesday that discussions are underway about including plans for “Don’t Ask, Don’t Tell” in the speech.

The Palm Center, a think-tank for gays in the military at the University of California, Santa Barbara, on Tuesday issued an analysis on several ways that Obama could discuss “Don’t Ask, Don’t Tell” during the State of the Union address.

Christopher Neff, deputy executive director for the Palm Center, said in a statement the speech presents Obama with “the opportunity to announce the end of one of the most notorious policies of federal discrimination left standing in the United States.”

In one option outlined by the Palm Center, Obama could offer a legislative strategy to repeal “Don’t Ask, Don’t Tell.” The president could endorse standalone legislation that would overturn the law or announce he’ll include such language in the defense spending request he’ll send to Congress next month.

“This position would represent significant, but likely incremental, change,” the Palm Center states. “Repeal legislation faces hurdles to passage in 2010, but the President will have taken a major step forward with the base bill inclusion.”

Obama could also announce plans to change the execution of “Don’t Ask, Don’t Tell” administratively without an act from Congress, which would likely involve giving Defense Secretary Robert Gates additional discretion in implementing the policy in a way that would reduce discharges, according to the Palm Center.

“Under this calculus, there will not be any votes in the House or Senate on repeal in 2010,” the Palm Center states. “The judgment is that it is too difficult for many moderates and this likely means that repeal will not be included in the Defense Authorization base bill from the Pentagon.”

The third option for Obama in addressing “Don’t Ask, Don’t Tell,” according to the Palm Center, would be mentioning the law in passing or announcing support from military leaders without putting forward an affirmative strategy.

“This would represent the least embraced of the three potential options,” the Palm Center states.

Neff also suggested in the statement that how Obama addresses “Don’t Ask, Don’t Tell” during his State of the Union speech will set for tone for how Congress would handle hearings for the defense budget after the president’s request is made public.

Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen are set to give testimony on the fiscal year 2011 defense budget request on Tuesday in the Senate Armed Services Committee.

Bryan Thomas, spokesperson for the committee, said the hearing on the budget request isn’t in lieu of the “Don’t Ask, Don’t Tell” hearing initially set for January, but said it’s possible senators “will choose to ask” Mullen and Gates about the law.

Also bolstering pressure on Obama to announce his plans for “Don’t Ask, Don’t Tell” is a new report from the Williams Institute, a think-tank on sexual orientation at the University of California. The brief details the number of gays in the military and the cost of replacing them after they’ve been discharged under the ban.

Gary Gates, senior research fellow at the Williams Institute and study author, said in a statement that statistical information from the U.S. government shows gay, lesbian and bisexual Americans have a presence in the military.

“Despite official policy requiring that lesbians, gay men, and bisexuals remain silent about their sexual orientation, data from the U.S. Census Bureau suggest that an estimated 66,000 LGB men and women are serving in the U.S. military,” he said.

These 66,000 service members account for about 2.2 percent of military personnel, according to the Williams Institute. Of these troops, about 13,000 serve on active duty, constituting 0.9 percent of all active duty personnel, and nearly 53,000 serve in the National Guard and reserve forces, the study found.

The Williams Institute also found “Don’t Ask, Don’t Tell” has cost the federal government between $290 million and more than a half a billion dollars since its inception and that replacing discharged service members under the ban costs between $22,000 to $43,000 for each person.

Gates said ending “Don’t Ask, Don’t Tell” will “save a substantial amount of taxpayer dollars since estimates suggest that the policy has cost more than half a billion dollars.”

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.” 

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”




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The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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