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Rewind: Week of Feb. 5

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Tuesday’s Senate Armed Services Committee hearing on “Don’t Ask, Don’t Tell” was remarkable not only for paving the way for the despicable law’s demise, but for showcasing the two routes conservatives can take moving forward.

One path is that taken by Admiral Mike Mullen, chairman of the Joint Chiefs of Staff. It took him a number of years to get to this juncture, but he has chosen to be on the right side of history, be in touch with the majority of Americans, and do what is right by his fellow soldiers. Mullen, who had been nominated to his post by George W. Bush in 2007, told the Senate committee that he believes “allowing gays and lesbians to serve openly would be the right thing to do.” He confessed, “No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.” He explained that it’s a matter of integrity — “theirs as individuals and ours as an institution.” He clearly meant his own integrity as well.

Then there is the way taken by Sen. John McCain. The Arizona Republican reneged on an earlier promise to heed the military’s top brass on the matter of “Don’t Ask, Don’t Tell.” Now that both the Secretary of Defense and Chairman of the Joint Chiefs of Staff are telling us it’s time to repeal the discriminatory law, McCain throws a hissy fit and refuses to budge. Once known for his “maverick” and independent streak, it appears that he has lost his better qualities. Is he pandering to social conservatives to ensure more years in Washington? Or has he yet to accept his defeat to that young upstart, Obama? Or is he simply clinging on to an order that is fast disintegrating — one in which he and other privileged, wealthy and heterosexual white men hold sway?

McCain, joined by a few of his ilk, defiantly displayed how out of synch he is with most of us. Sen. Saxby Chambliss of Georgia, in particular, uttered inanity that only underscored how divorced these men are from reality. He protested that repealing “Don’t Ask, Don’t Tell” would open the flood gates to “alcohol use, adultery, fraternization, and body art” in the military. I believe it’s a bit too late for that.

In other news, at the National Prayer Breakfast yesterday, Obama finally addressed the maniacal and murderous anti-LGBT fervor gripping Uganda and other African Nations. He said, “We may disagree about gay marriage, but surely we can agree that it is unconscionable to target gays and lesbians for who they are — whether it’s here in the United States or, as [Secretary of State] Hillary [Clinton] mentioned, more extremely in odious laws that are being proposed most recently in Uganda.”

Clinton, who gave the keynote address, had stressed that the administration is “looking to take on religious discrimination and violations of human rights. But we are also standing up for girls and women, who too often in the name of religion are denied basic human rights. And we are standing up for gays and lesbians, who deserve to be treated as full human beings.”

On Monday, newly minted Virginia Gov. Bob McDonnell announced that he had decided to shelve his predecessor’s proposal to allow same-sex partners to be covered under the state’s employee health plan. The proposal had been developed by outgoing Democratic Gov. Tim Kaine weeks before the god-fearing McDonnell took over the reins of the Old Dominion State. It would have expanded benefits to qualified adults — straight and gay partners, roommates, caregivers, children and other family members — who live in the same house as an insured state employee.

The following day, in neighboring D.C., Republican Sen. Robert Bennett of Utah and eight other GOP senators introduced legislation that would require the District to subject marriage equality to a referendum before issuing marriage licenses to lesbian and gay couples next month. In response, D.C. Del. Eleanor Holmes Norton said that the Republicans are “disregarding the most basic of American self-government principles.” She argued that “marriage is a fundamental state’s right in the District as elsewhere in America, not a political football to be used or abused to score points back home at the expense of the people of the District, and of democratic principles.”

And while many of us were riveted on the “Don’t Ask, Don’t Tell” hearing, the U.S. Tax Court quietly issued a long-awaited decision in a case that has very positive consequences for transgender people. In O’Donnabhain v. Commissioner of Internal Revenue, the court ruled that treatment for gender identity disorder qualifies as medical care under the Internal Revenue Code, and that medical treatments for GID, including surgery and hormone therapy, are therefore deductible.

Karen Loewy of Gay & Lesbian Advocates and Defenders, which represented the plaintiff, celebrated the verdict.

“This decision treats Rhiannon O’Donnabhain the way she deserves to be treated — like any hard-working American taxpayer with medical expenses.” She pointed out that “this has been a no-brainer. Every mainstream medical authority from the American Psychiatric Association to the National Institutes of Health recognizes the legitimacy of providing medical care for transgender people. Dismissing these medical expenses as illegitimate and not deductible was discrimination, pure and simple.”

On Wednesday, Maryland lawmakers rejected an effort by their own to prohibit the state from recognizing same-sex marriages lawfully performed elsewhere. Del. Emmett Burns Jr., a Democrat and minister, had proposed the bill as a pre-emptive strike against an anticipated legal opinion the state’s attorney general has been working on. It has been predicted that the attorney general will allow same-sex marriages to be recognized in Maryland, following the state’s legal tradition of recognizing unions, including common-law marriages, which are illegal in Maryland but lawful elsewhere. Same-sex marriage is still not legal in the state.

Finally this week, thousands of lesbian, gay, bisexual and trans activists and straight allies gather in Dallas for Creating Change 2010, the National Conference on LGBT Equality organized by the National Gay & Lesbian Task Force. In attendance are young and old activists and advocates, organizers and activists of color, public officials and other LGBT leaders. Its primary goal is “to build our movement’s political power from the ground up to secure our overarching goal of full equality, social justice and dignity for lesbian, gay, bisexual and transgender people in the United States.”

Unlike McCain and his friends, these people are not wealthy, privileged and powerful men cocooned in Washington, shaking their fists against welcome change. These ordinary Americans are acting with more wisdom, courage and integrity than the senators, leading the way to our shared future in which the next generation of conservatives, liberals and independents will wonder what the fuss was all about.

Erwin de Leon blogs for DC Agenda. You can follow him on Twitter at @ErwindeLeon.

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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