National
Defense leaders support open service
Top Pentagon leaders announced Tuesday their support for allowing gays, lesbians and bisexuals to serve openly in the U.S. military while unveiling new plans for a working group that will examine the impact of such a change in the armed forces.
Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen made the remarks in the first Senate hearing in 17 years dedicated to the issue of gays in the military.
Mullen told the Senate Armed Services Committee that he favors allowing gays to serve openly as a matter of fairness for those who are serving in the armed forces.
“Speaking for myself, and myself only, it is my personal belief that allowing gays and lesbians to serve openly is the right thing to do,” Mullen said. “No matter how I look at this issue, I cannot escape … the fact that we have in place a policy that forces young men and women to lie about who they are in order to defend their fellow citizens.”
Gates similarly expressed support for ending “Don’t Ask, Don’t Tell,” noting President Obama’s last week restated his commitment to repealing the law in his State of the Union address.
“I fully support the president’s decision,” he said. “The question before us is not whether the military decides to makes this change, but how we best prepare for it. We have received our orders from the commander-in-chief and we are moving out accordingly.”
Mullen and Gates’ support for allowing gays to serve in the U.S. military stands in stark contrast to how military leaders in 1993 opposed open service and favored “Don’t Ask, Don’t Tell.”
The Senate panel received Mullen and Gates’ endorsement of allowing gays to serve openly in the U.S. military with mixed reactions — with those opposing “Don’t Ask, Don’t Tell” applauding them and those supporting the policy expressing their discontent.
Sen. John McCain (R-Ariz.), ranking Republican on the committee and strong proponent of “Don’t Ask, Don’t Tell,” said he was “deeply disappointed” with Gates’ testimony and said it showed his bias on the issue.
“It would be far more appropriate, I say with great respect, to determine whether repeal of this law is appropriate and what the effects it would have on the readiness and the effectiveness of the military before deciding on whether we should repeal the law or not,” he said.
Sen. Jeff Sessions (R-Ala.) noted Mullen only came out in favor of allowing open service after Obama announced his intent to repeal “Don’t Ask, Don’t Tell,” suggesting Mullen was taking that position to fall in line with his superior.
Sessions said Mullen’s position would interfere with his subordinates’ ability to evaluate “Don’t Ask, Don’t Tell” and the implication of its repeal.
“I guess, if it was a trial, we would perhaps raise the undue command influence defense flag,” Sessions said.
But Senate Armed Services Committee Chairman Carl Levin (D-Mich.) came to the defense of Mullen, saying the admiral was showing leadership and acting as required by a Senate-confirmed nominee by expressing his personal opinion.
“It was clear to me and, I think, clear to most of us that you think this is a view that you hold in your conscience and not given to us because you were directed to by anybody, including the commander-in-chief,” Levin said.
Gates and Mullen expressed support for a change in policy while at the same time highlighting the importance of a new Pentagon working group that would examine the issue.
Mullen said he didn’t know fully what impact ending “Don’t Ask, Don’t Tell” would have throughout the armed forces — especially in a time of two wars — and said further investigation would bring to light those implications.
“That there will be legal, social and perhaps even infrastructure changes to be made certainly seems plausible,” Mullen said. “We would all like to have a better handle on these types of concerns.”
Gates unveiled new plans for a working group that he said would examine the implications of ending “Don’t Ask, Don’t Tell.” By the end of this year, the group is charged with producing recommendations in the form of an implementation plan in the event Congress decides to repeal the statute.
Defense Department General Counsel Jeh Jonson and Gen. Carter Ham, commander of U.S. Army Europe, have been chosen to lead this working group, Gates said.
The working group, Gates said, would be charged with reaching out to the force to understand their views about repeal, examining changes in regulations and policy that need to be made and looking at the potential impact of a change in law on military readiness.
To supplement the efforts of this working group, Gates said the Pentagon will ask the RAND Corp. to update its 1993 study on the impact of allowing gays to serve in the military, which at the time found that open service wouldn’t be detrimental to the U.S. military.
In addition to the working group, Gates said he’s directed the Pentagon to review the regulations used to implement “Don’t Ask, Don’t Tell” and, within 45 days, present recommendations that could be applied under existing law to “enforce this policy in a more humane and fair manner.”
“You may recall that I asked the Department’s general counsel to conduct a preliminary review of this matter last year,” Gates said. “Based on that preliminary review, we believe that we have a degree of latitude within the existing law to change our internal procedures in a manner that is more appropriate and fair to our men and women in uniform.”
While the recommendations aren’t yet complete, Gates said the Pentagon is considering a number of options that could allow for greater latitude on discharging gay service members under current law.
Gates said it’s possible to change implementation of current law by raising the rank of officers who are authorized to either initiate or conduct inquiries under “Don’t Ask, Don’t Tell.” He also said officials can “raise the bar” on what is considered credible information or who is considered a credible source to start an inquiry on a service member.
“Overall, we can reduce the instances in which the service member who is trying to serve the country honorably is outed by a third-person with the motive to harm the service member,” Gates said.
Many LGBT activists praised Gates and Mullen for coming out in favor of allowing gays to serve openly in the U.S. military and working to adjust the rules for discharges. Still, activists maintain that full repeal is still necessary.
Lt. Dan Choi, a gay U.S. Army infantry soldier who’s facing discharge after publicly coming out last year, told DC Agenda after the hearing that “there will be some impact” by the interim changes proposed by Gates, but said it’s “missing the point.”
“When you still have people that are lying about who they are, you haven’t solved the root of the problem,” Choi said. “‘Don’t Ask, Don’t Tell’ is the establishment of a closeted policy, and I don’t think that anybody has to be closeted in our military.”
Lawmakers considering ‘Don’t Ask’ moratorium
Gates’ announcement on the formation of a new working group raises questions about whether Congress will act this year to repeal the law or instead wait until the working group completes its review.
Levin suggested he may include language that would change “Don’t Ask, Don’t Tell” in the upcoming defense authorization bill.
After Sen. Joseph Lieberman (I-Conn.) made a comment that senators need to find 60 votes to pass repeal legislation, Levin replied, “Unless there’s a provision in the defense authorization bill that goes to the floor, which would then require an amendment to strike it from the bill, in which case, the 60-vote rule would be turning the other way.”
Following the hearing, Levin told reporters that it’s possible to include in the defense authorization bill a moratorium on “Don’t Ask, Don’t Tell” that would be in place until the Pentagon completes its study.
“If we throw a moratorium on it, then what I consider to be a slow pace then would be more practical,” he said.
Asked whether he’s ruled out actual repeal in the defense authorization bill in favor of a moratorium, Levin replied, “I haven’t ruled anything out.”
Also foreseeing the possibility of repeal this year is Sen. Kirsten Gillibrand (D-N.Y.), one of the most vocal proponents in Congress of overturning “Don’t Ask, Don’t Tell.”
After the hearing, she told reporters she doesn’t think the time Gates is asking for review “will affect legislative progress” and that “we can actually write the bill and pass the bill now.”
“I think all that Adm. Mullen and Secretary Gates were saying is that they want to have a sensitivity to the impact it will have on the military and their families, and to have input in order to decide how to best to implement a policy change,” she said. “So, if they need to take time to do that, that’s fine and appropriate, but it doesn’t mean we can’t pass the repeal now, which is important to move forward on this.”
Gillibrand said she would support the inclusion of a moratorium in the defense authorization bill this year in addition to efforts for outright repeal. She said she thinks there are 60 votes in the Senate for full repeal and recalled how she considered a moratorium amendment last year on “Don’t Ask, Don’t Tell” that she ultimately didn’t introduce.
“When I did my bill on moratorium [and] I counted the votes, the only undecided Democrats at that time said their reasons were they wanted to see leadership in the military, or wanted to see leadership from the president,” she said. “And I think what this hearing brings us is leadership on both.”
But Christopher Neff, deputy executive director of the Palm Center, a think-tank on gays in the military at the University of California, Santa Barbara, was pessimistic about the chances of passing legislation to address “Don’t Ask, Don’t Tell” this year.
He said the Pentagon’s establishment of a working group would make Congress reluctant to take action until the results of its study are known.
“I think that it would be anticipated that many legislators will be waiting to hear what comes out of the study group’s report at the end of the year,” Neff said. “I think that there are enough questions that are being raised that, I think, would be difficult without this study report.”
Whatever effort Congress takes in moving toward repeal this year, lawmakers are set to hear more testimony on “Don’t Ask, Don’t Tell” in later hearings.
Levin told reporters the Senate Armed Services Committee would revisit the issue of gays in the military Feb. 11 and will hear from an “outside panel” of expert witnesses.
He also said he expects senators to ask questions on “Don’t Ask, Don’t Tell” when the service chiefs and service secretaries testify before Congress this month on the president’s budget request.
On the House said, Rep. Susan Davis (D-Calif.), chair of the House Armed Services personnel subcommittee, has scheduled a hearing on “Don’t Ask, Don’t Tell” in March that will follow up on previous testimony the subcommittee heard in 2008.
Erica Deuso will become the first openly transgender mayor in Pennsylvania.
Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.
Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.
Deuso released a statement following her election, noting that “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.
Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.
“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.
Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.
Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.
“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.
Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.
She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.
The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.
Loewy began by explaining how the court got to where it is today.
“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”
Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”
“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”
A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.
“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”
Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.
“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”
Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.
“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”
“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.
When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.
“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”
He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”
Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.
“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.
“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.
“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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