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Pentagon officials outline scope for ‘Don’t Ask’ study

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Officials leading the Pentagon study examining “Don’t Ask, Don’t Tell” outlined for lawmakers the general scope of their work Wednesday, but offered limited details and were tight-lipped on their personal views of the law.

Both co-chairs of the Pentagon working group testified before the House Armed Services personnel subcommittee. Jeh Johnson, general counsel for the Defense Department, and Gen. Carter Ham, commanding general of U.S. Army Europe, discussed how their work would build on President Obama’s call to end the 1993 law barring gays, lesbians and bisexuals from serving openly in the U.S. military.

The hearing marked the first time the House heard testimony on gays in the military since a similar committee hearing took place in 2008.

Also present was Clifford Stanley, undersecretary of defense for personnel and readiness. He would oversee the implementation of repeal at the Pentagon should Congress overturn “Don’t Ask, Don’t Tell.”

Witnesses said the study underway at the Pentagon, due for completion Dec. 1, would identify the effects of repeal on military readiness, unit cohesion, recruiting, retention and military families.

Johnson and Ham also noted that the working group has been broken down into four teams: a survey team; a legislative, regulatory and legal team; a policy development team; and an education and training team. Ham said the working group intends to gather information with “wide outreach to get a wide variety of views.”

“That survey must be enriched by personal contact — focus groups, if you will — some of them specifically targeted to specialized groups and families within the Department of Defense, active reserve and guard,” Ham said.

Ham said he anticipates outreach through “social media” so that information can be gathered from the widest possible pool.

“A wide variety of individuals — both within the Department of Defense and without — who will have views on this matter will have an opportunity for their voice to be heard,” he said.

Still, the witnesses said the working group is in its early stages and there was little information to share at this point.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the hearing was “largely process driven,” but it affirmed that there’s still an opportunity for repeal to happen this year.

“Clearly Congressman Patrick Murphy and other members of the subcommittee underscored to [Defense Department] General Counsel Johnson and Gen. Ham that repeal can get done this year as the working group does its job,” he said.

A number of lawmakers at the hearing asked whether Congress should take legislative action against “Don’t Ask, Don’t Tell” before the working group’s study is complete.

Murphy, a Pennsylvania Democrat who’s sponsoring the House repeal bill, said if lawmakers were pass repeal as part of the upcoming defense authorization bill, it would likely not be signed until October, which he said would give the Pentagon time to review the process for implementation.

But Johnson said he wasn’t inclined to endorse legislative action on “Don’t Ask, Don’t Tell” before the working group had a chance to complete its study.

“The secretary of defense believes that we should go about repeal in a careful methodical way, and first study … all of the impacts of repeal on the current policy,” Johnson said. “I would think that the Congress would like to hear from us first before undertaking to consider repeal.”

Still, Johnson said he wouldn’t advise Congress what action they should take on “Don’t Ask, Don’t Tell” this year.

“I’m not here to oppose or support any congressional action,” he said. “We’re here to do an exhaustive, thorough, comprehensive review of the impact of repeal of the policy.”

Rep. Joe Wilson (R-S.C.), ranking Republican on the subcommittee, said he maintained some reservations regarding the study given its scope.

Wilson said he wants to the working group to examine whether “Don’t Ask, Don’t Tell” as it stands undermines readiness and whether repeal would contribute to military effectiveness “in measureable ways.”

“If the study does not address these issues, then its overall credibility and usefulness for the Congressional decision-making process will be significantly undermined,” he said.

Questioning the need for repealing “Don’t Ask, Don’t Tell,” Wilson said 8,300 service members were discharged under the law from fiscal years 1999 and 2008. The lawmaker said this number was infinitesimally small given that the military separated about 1.9 million people during that time.

“That’s about 800 people discharged per year, and unless you contradict me, it’s not a significant loss from an overall [Defense Department] manpower perspective,” Wilson said.

Rep. Susan Davis (D-Calif.), chair of the subcommittee, asked about the possibility of changing the implementation of current law so that third parties couldn’t out and discharge gay service members.

Defense Secretary Robert Gates has tasked Johnson with finding out whether this “more humane” approach to “Don’t Ask, Don’t Tell” was possible within the confines of the law 45 days from the start of the working group.

Johnson said this task was running “separate and apart” from the study’s work and said he expected to have recommendations around March 19.

“We’re getting comprehensive input from the services on that topic, and I expect that we will meet our 45-day timeline,” he said.

Lawmakers on the panel also asked the witnesses about plans for allowing for gays in the military to contribute to the study without being discharged under “Don’t Ask, Don’t Tell.”

Ham said the working group is working on ways to get their input, and the use of social media could play a role, but such plans aren’t yet final.

“We share with you the concern — the absolute necessity — to reach out and hear from homosexuals who are today serving in the force,” he said. “We don’t yet know how to do that, but my pledge to you is that we will find a way and we will do that.”

Ham said the working group has an opportunity to hear from service members who have already been separated under “Don’t Ask, Don’t Tell” and noted that information “will be instructive to us.”

At one point, Rep. Niki Tsongas (D-Mass.) asked the witnesses about their personal views on gays in the military. The witnesses were tight-lipped on their opinions, though, saying that want to remain objective as they complete the study.

Johnson noted he’s part of the Obama administration and the president has expressed his desire to move toward repeal. He added that his assignment “is to do an objective, comprehensive review of the implications of repeal of the policy.”

“I’m trying very hard to approach this in an objective, thorough, comprehensive fashion and create an environment conducive to others within the force telling us what they think the impact of repeal would be,” Johnson said.

The issue of whether a moratorium should be instituted to prevent discharges as the Pentagon undertakes its study was also raised during the hearing. Senate Armed Services Committee Chairman Carl Levin (D-Mich.) floated the possibility of a legislative moratorium if there are not enough votes this year for outright repeal.

Tsongas spoke favorably about a moratorium during the hearing as a way to allow gays in the military to voice their opinions to the working group without being discharged.

“As you talk about the hoops that you’re going to have to jump through to solicit their opinion … it just seems to be a more appropriate way to go forward is to institutionalize a moratorium,” she said.

Davis also said during her opening statement that a moratorium on discharges would be an appropriate measure for the Pentagon as it conducts it study.

“I believe there is a way to stem the tide of these painful and unnecessary discharges, especially those instigated by third parties, and avoid subjecting the force to confusion about the direction of the policy,” she said. “A moratorium on discharges would be an appropriate action to take while the department decides how to implement repeal.”

Davis later told DC Agenda that she wasn’t necessarily referring to a legislative moratorium as Levin has suggested, but an administrative moratorium instituted by the Defense Department.

“We might want to do something in the authorization bill; I’m not sure,” she said. “But they can do that on their own.”

Following the hearing, Murphy reiterated to reporters his belief that Congress would fully repeal “Don’t Ask, Don’t Tell” this year.

“We could pass that in the national defense authorization act, or any other piece of legislation, or other vehicle,” he said. “This will be changed this year.”

Lawmakers are expecting to hear more the Pentagon working group before its study is complete. Davis told DC Agenda she’d like to hear from officials “at least once or twice before the reports are done.”

Asked whether he would like to hear any more information from the working group, Murphy replied, “No, I think other countries, like Canada, they did this and they had absolutely no problems.”

“The implementation of this will go much [more] smoothly than anything that some questions from the other side were [suggesting] today,” Murphy said.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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