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‘Don’t Ask’ could get ‘more humane’ guidelines this week

Service members threatened with potential discharge under “Don’t Ask, Don’t Tell” may

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Defense Secretary Robert Gates (DC Agenda photo by Michael Key).

Service members threatened with potential discharge under “Don’t Ask, Don’t Tell” may soon be able to breathe easier after Pentagon lawyers complete their assessment on finding a “more humane” way to implement the law.

The assessment, due for completion this week, is taking place because Defense Secretary Robert Gates tasked the Pentagon’s Office of the General Counsel to review the regulations for “Don’t Ask, Don’t Tell” to see if the Department of Defense could implement the law in a fairer manner.

After asking last year for a preliminary assessment for what he called a potentially “more humane” policy, Gates announced before the Senate Armed Services Committee on Feb. 2 the review would be complete in 45 days. Earlier this month, Jeh Johnson, the Pentagon’s top lawyer, said during congressional testimony the assessment would be finished on or around March 19.

But what these final changes will entail is unknown because information about them isn’t public. The Defense Department didn’t respond to DC Agenda’s request to comment on the new regulations.

Also unknown is the timing for when the Pentagon will unveil these changes, as well as how long it would take for Gates to implement them once he receives the recommendations.

Repeal advocates say they’re unsure what Pentagon lawyers will ultimately produce, but have issued recommendations for changing the application of “Don’t Ask, Don’t Tell” under the current statute.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization provided the Defense Department in July with a list of possible changes that could be made.

Among these changes are mandating evidence when a possible violation of “Don’t Ask, Don’t Tell” comes from a fellow service member and not a civilian; eliminating anonymous tips as the basis for the start of an inquiry; and requiring that alleged homosexual conduct on which any discharge is based occurs after a service member joined the armed forces.

“And actually, Secretary Gates and Adm. Mullen referred to all six of those at the Feb. 2 hearing, but we don’t have any concrete intelligence as to what Mr. Johnson may or may not be recommending to the secretary,” Sarvis said.

During that testimony, Gates raised some possibilities on what the changes could entail. He said the Pentagon could raise the level of the officer who initiates or conducts inquiries, as well as what constitutes a credible source to start an investigation.

Gates also told lawmakers the Defense Department can “reduce the instances” in which a service member is outed by a third party under “Don’t Ask, Don’t Tell.”

Alex Nicholson, executive director of Servicemembers United, said the actual benefit to gay soldiers of eliminating third-party outings is unknown because reliable information on why service members are expelled isn’t available.

“Anybody can sort of venture to guess based on their experience and anecdotal evidence,” he said. “But it’s really hard to do that with authority or credibility because we don’t have any statistics on how many discharges are the result of self-initiated outings, how many are the results of third-party outings and how many are the result of behavior being discovered.”

Aaron Belkin, director of the Palm Center, a think-tank on gays in the military at the University of California, Santa Barbara, said if such changes are enacted, it would eliminate important problems, but still wouldn’t address other issues.

“One is you’re not going to be able to eliminate all discharges,” he said. “Two, as long as the law is on the books, you’ll still have the sword hanging over gay people’s heads, and it’s that sword that makes it difficult for them to do their job.”

Belkin said new regulations also won’t change how “Don’t Ask, Don’t Tell” damages the military “symbolically and reputationally” simply by being on the books.

During the Feb. 2 hearing, Gates said as part of these changes the Pentagon would “devise new rules and procedures” in light of the 2008 Ninth Court of Appeals ruling in Witt v. Air Force, which challenged the constitutionality of “Don’t Ask, Don’t Tell.”

The decision, which was construed to only apply to the plaintiff, determined the Pentagon needed to prove lesbian Maj. Margaret Witt’s sexual orientation was a detriment to unit cohesion in order to discharge her from the Air Force.

Applying the heightened Witt standard on a national basis was one of SLDN’s recommendations for a change under current law. Sarvis said such an application would help the Defense Department “create uniformity” in all “Don’t Ask, Don’t Tell” discharge cases.

But Belkin said he doesn’t think the Pentagon would apply the Witt standard on a national basis because it would be too big of a change.

“I would doubt that the Defense Department would take a judicial ruling that applies to one circuit and use regulation to expand its scope to the whole military,” he said. “I think that’s too big of a step for a regulatory tweak.”

Whatever changes the Pentagon makes, advocates maintain legislative repeal of “Don’t Ask, Don’t Tell” is the only way to properly address the law.

If the Pentagon implements the changes SLDN recommended, Sarvis said it would “go a long ways,” but “wouldn’t diminish the need for Congress to repeal ‘Don’t Ask, Don’t Tell.’”

Sarvis said legislative repeal is particularly needed so any conservative administration following President Obama couldn’t reverse the changes made under the existing statute.

“The next secretary and a new administration could come along and make revisions that he or she may feel they have authority for under the current statute,” he said. “That’s why I go back to changes to the regulations are not a substitute for repealing the statute.”

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The White House

Trump tells Fox News he won the ‘gay vote’ — but polls tell a different story

Trump falsely claims LGBTQ support on Fox despite polling showing overwhelming opposition.

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President Donald Trump at the State of the Union in February 2025. (Washington Blade photo by Michael Key)

President Donald Trump claimed he won the “gay vote” in 2024, despite evidence showing otherwise.

While appearing by phone on Fox News’s panel show “The Five” on Thursday, Trump falsely claimed he performed particularly well among gay voters while discussing the ongoing war in Iran — a conflict he initiated without formal congressional approval.

“Now I think I did very well with the gay vote, OK? I even played the gay national anthem as my walk-off, OK?” Trump said on air.

“And I think it probably helped me. But I did great. No Republican’s ever gotten the gay vote like I did and I’m very proud of it, I think it’s great. Perhaps it’s because I’m from New York City, I don’t know…”

His claim contradicts 2024 polling from NBC News, which found that the GOP presidential ticket captured fewer than 1 in 5 LGBTQ male voters — a figure that may also include bisexual and transgender men. Trump’s support among LGBTQ female voters was even lower, at just 8%.

White LGBTQ voters favored Vice President Kamala Harris over Trump by a margin of 82% to 16%, while LGBTQ voters of color backed Harris by an even wider 91% to 5%.

Trump also used the appearance to criticize “Gays for Palestine,” saying: “Look at ‘Gays for Palestine’… they kill gays, they kill them instantly, they throw them off buildings, and I’m saying, ‘Who are the gays for Palestine?’”

He further pointed to his campaign’s use of the song “Y.M.C.A.” by the Village People — which he has repeatedly described as a “gay national anthem” — noting that it was frequently used as a walk-off song at rallies, as an indication that he and his campaign were supported by the gay community. The track, long associated with camp and hyper-masculine gay imagery, became a staple of Trump campaign events.

The Village People were later booked to perform at Turning Point USA’s inaugural ball celebrating Trump’s second inauguration. Lead singer Victor Willis previously criticized Trump’s use of the song dating back to 2020 and considered legal action to block it, but ultimately said there was “not much he can do about it.” He later acknowledged the renewed exposure was “beneficial” and “good for business,” boosting the song’s popularity and chart performance.

Despite Trump’s claims of strong support from gay voters, polling has consistently shown otherwise — even as several prominent gay men have held roles in or around his orbit, sometimes dubbed the “A-gays.” These include Richard Grenell, former executive director of the Kennedy Center and Special Presidential Envoy for Special Missions; Treasury Secretary Scott Bessent; Under Secretary of State Jacob Helberg; Department of Energy official Charles T. Moran; and longtime supporter Peter Thiel, co-founder and CEO of Palantir.

His efforts to portray himself as aligned with the gay community stand in conflict with policies advanced under his leadership. These include removing LGBTQ-related data from State Department reports, attempting to narrowly redefine gender identity in federal policy, restricting access to gender-affirming health care, and rolling back anti-discrimination protections. His administration also rescinded initiatives focused on LGBTQ health equity, data collection, and nondiscrimination in health care and education — moves advocates say contribute to stigma and worsen mental health outcomes.

Additionally, some HIV programs and community health centers have lost funding from the federal government after supporting initiatives inclusive of transgender people as a direct result of Trump-Vance policies.

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National

Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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