National
Pentagon officials outline scope for ‘Don’t Ask’ study
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.
U.S. Supreme Court
Nine trans activists arrested outside Supreme Court
Gender Liberation Movement organized demonstration against Skrmetti ruling
On Friday afternoon, nine transgender organizers and allies were arrested on the steps of the U.S. Supreme Court for blocking the street and protesting the recent U.S. v. Skrmetti ruling.
The ruling, decided 6-3 by the conservative majority on Wednesday, upheld Tennessee’s ban on gender-affirming care for minors. The decision will allow states to pass laws restricting gender-affirming care for minors and further minimizes bodily autonomy.
The nine arrested were part of a larger group of more than 30 protesters wearing colors of the trans Pride flag— pink, blue, and white, — standing outside of the nation’s highest court. Organizers unfurled large cloths in pink, blue, and white, shared personal testimonies about how their gender-affirming care was a matter of life and death, released pink and blue smoke, and saw nine trans participants take their hormone replacement therapy.
The protest was led by the Gender Liberation Movement, an organization that “builds direct action, media, and policy interventions centering bodily autonomy, self-determination, the pursuit of fulfillment, and collectivism in the face of gender-based sociopolitical threats.” Among the nine arrested was GLM co-founder Raquel Willis.
Before being arrested, Willis spoke to multiple media outlets, explaining that this decision was an overreach of power by the Supreme Court.
“Gender-affirming care is sacred, powerful, and transformative. With this ruling in U.S. v. Skrmetti, we see just how ignorant the Supreme Court is of the experiences of trans youth and their affirming families,” said Willis. “Everyone deserves the right to holistic healthcare, and trans youth are no different. We will continue to fight for their bodily autonomy, dignity, and self-determination just like previous generations. No court, no law, no government gave us our power, and none can take it away.”
GLM co-founder Eliel Cruz also spoke to media outlets about the Skrmetti ruling, calling it “a historical moment of fascist attacks,” and encouraged the LGBTQ community to “organize and fight back.”
“As a cisgender man, I stand in solidarity with the trans community during these escalating attacks on their safety, well-being, right to exist in this world, and ability to live a future free of violence,” Cruz said. “I’m enraged at the Supreme Court’s decision to uphold a ban on gender-affirming care for youth. My heart hurts for the families and young people who this will negatively impact and harm.”
The Washington Blade reached out to Capitol Police for comment.
A spokesperson said the nine activists were arrested for violating D.C. Code §22-1307 — “Crowding, Obstructing, or Incommoding” — on First Street, N.E., after receiving three warnings.
National
FDA approves new twice-yearly HIV prevention drug
Experts say success could inhibit development of HIV vaccine
The U.S. Food and Drug Administration (FDA) on June 18 approved a newly developed HIV/AIDS prevention drug that only needs to be taken by injection once every six months.
The new drug, lenacapavir, which is being sold under the brand name of Yeztugo by the pharmaceutical company Gilead Sciences that developed it, is being hailed by some AIDS activists as a major advancement in the years-long effort to end the HIV/AIDS epidemic in the U.S. and worldwide.
Although HIV prevention drugs, known as pre-exposure prophylaxis medication or PrEP, have been available since 2012, they initially required taking one or more daily pills. More recently, another injectable PrEP drug was developed that required being administered once every two months.
Experts familiar with the PrEP programs noted that while earlier drugs were highly effective in preventing HIV infection – most were 99 percent effective – they could not be effective if those at risk for HIV who were on the drugs did not adhere to taking their daily pills or injections every two months. Experts also point out that large numbers of people at risk for HIV, especially members of minority communities, are not on PrEP and efforts to reach out to them should be expanded.
“Today marks a monumental advance in HIV prevention,” said Carl Schmid, executive director of the D.C.-based HIV + Hepatitis Policy Institute, in a statement released on the day the FDA announced its approval of lenacapavir.
“Congratulations to the many researchers who spent 19 years to get to today’s approval, backed up by the long-term investment needed to get the drug to market,” he said.
Schmid added, “Long-acting PrEP is now not only effective for up to six months but also improves adherence and will reduce HIV infections – if people are aware of it and payers, including private insurers, cover it without cost-sharing as a preventive service.”
Schmid and others monitoring the nation’s HIV/AIDS programs have warned that proposed large scale cuts in the budget for the U.S. Centers for Disease Control and Prevention by the administration of President Donald Trump could seriously harm HIV prevention programs, including PrEP-related efforts.
“Dismantling these programs means that there will be a weakened public health infrastructure and much less HIV testing, which is needed before a person can take PrEP,” Schmid said in his statement.
“Private insurers and employers must also immediately cover Yeztugo as a required preventive service, which means that PrEP users should not face any cost-sharing or utilization management barriers,” he said.
In response to a request by the Washington Blade for comment, a spokesperson for Gilead Sciences released a statement saying the annual list price per person using Yeztugo in the U.S. is $28,218. But the statement says the company is working to ensure that its HIV prevention medication is accessible to all who need it through broad coverage from health insurance companies and some of its own support programs.
“We’ve seen high insurance coverage for existing prevention options – for example, the vast majority of consumers have a $0 co-pay for Descovy for PrEP in the U.S. – and we are working to ensure broad coverage for lenacapavir [Yeztugo],” the statement says. It was referring to the earlier HIV prevention medication developed by Gilead Sciences, Descovy.
“Eligible insured people will get help with their copay,” the statement continues. “Gilead’s Advancing Access Copay Savings Program may reduce out-of-pocket costs to as little as zero dollars,” it says. “Then for people without insurance, lenacapavir may be available free of charge for those who are eligible, through Gilead’s Advancing Access Patient Assistance Program.”
Gilead Sciences has announced that in the two final trial tests for Yeztugo, which it describes as “the most intentionally inclusive HIV prevention clinical trial programs ever designed,” 99.9 percent of participants who received Yeztugo remained negative. Time magazine reports that among those who remained HIV negative at a rate of 100 percent were men who have sex with men.
Time also reports that some HIV/AIDS researchers believe the success of the HIV prevention drugs like Gilead’s Yeztugo could complicate the so-far unsuccessful efforts to develop an effective HIV vaccine.
To be able to test a potential vaccine two groups of test subjects must be used, one that receives the test vaccine and the other that receives a placebo with no drug in it.
With highly effective HIV prevention drugs now available, it could be ethically difficult to ask a test group to take a placebo and continue to be at risk for HIV, according to some researchers.
“This might take a bit of the wind out of the sails of vaccine research, because there is something so effective in preventing HIV infection,” Time quoted Dr. David Ho, a professor of microbiology, immunology, and medicine at New York’s Columbia University as saying.
National
Activists rally in response to Supreme Court ruling
‘We won’t bow to hatred: we outlive it’
Politicians, LGBTQ activists, and allies gathered at the Lutheran Church of the Reformation in the Capitol Hill neighborhood of Washington, D.C. on Wednesday following the ruling by the United States Supreme Court in the case of U.S. v. Skrmetti. The Supreme Court upheld a Tennessee ban on gender-affirming healthcare for transgender adolescents in a 6-3 decision.
A rally outside the U.S. Supreme Court was called for by the American Civil Liberties Union, Lambda Legal and other organizations following the high court ruling on Wednesday. However, due to a thunderstorm and flood watch, the scores of activists who were to attend the rally were directed to a Lutheran church down the street from the court. Undeterred, activists and community leaders were joined by U.S. Senators Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) for an indoor rally at the church.
“We know that freedom is not inevitable,” Markey told the crowd. “It is fought for by people who said ‘no’ in the face of health cuts, ‘no’ in the face of discrimination, ‘no’ in the face of invasive laws that ban life-saving and life-affirming healthcare and ‘no’ to this anti-justice, anti-freedom agenda.”
Also speaking at the rally was Deirdre Schifeling, chief political advocacy officer of the National ACLU.
“We believe transgender rights matter,” Schifeling stated. “Transgender kids matter and deserve love, support and the freedom to shape their own futures. I am still processing how the Supreme Court could disagree with such an obvious truth.”
“Today’s ruling shows us that unfortunately these attacks on our freedom will not end here,” Schifeling continued. “The Trump administration and extremist politicians across the country are continuing to target our right — our human right — to control our own bodies.”
“If politicians think that we are going to sit back and be defeated, that we are going to let them strip our rights and freedoms away without a fight, they’ve got another think coming,” Schifeling said. “We will never back down. We will never back down or give up. We will organize, we will mobilize and we will fight to protect trans rights in our communities, in our legislatures, in our elections, and in court rooms across the country.”
“Today, the highest court in this land decided that the bodily autonomy of trans youth, specifically trans youth of Tennessee and states with bans harming youth across the country do not matter,” said trans advocate Hope Giselle-Godsey.
“The opponents of trans equality think that today is a victory, but history will remember it as a moment that sharpened us and not silenced us,” Giselle-Godsey continued.
“So yes, today we grieve for the people in those states where those bans exist, but we grieve in motion,” Giselle-Godsey said. “To the system that thinks that it won today, just like every other time before: you will lose again. Because we won’t bow to hatred: we outlive it. We out-organize it. We out-love it. We are still here and we are not finished yet.”
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