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General says open service would be problematic

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A retired general who supports “Don’t Ask, Don’t Tell” raised eyebrows last week when he said open service in a foreign military led to a horrific massacre and suggested lifting the U.S. ban would lead to sexual assault.

During a hearing March 18 before the Senate Armed Services Committee, Gen. John Sheehan, a former commander for U.S. Atlantic Command, said lifting the ban on open service in the Netherlands contributed to the country’s inability to prevent the Srebrenica massacre in 1995.

The event, in which the Serbian military executed more than 8,000 Bosniak men and boys, occurred after a United Nations protection force of around 400 Dutch peacekeepers failed to stop the massacre.

Sheehan, who retired from the U.S. military 13 years ago, identified this event as a product of the how the Dutch — as well as other militaries throughout Europe — dropped their bans to include “open homosexuality” as part of the liberalization of these armed forces following the collapse of the Soviet Union.

“They declared a peace dividend and made a conscious effort to socialize their military,” he said. “They did not believe the Germans were going to attack again or the Soviets were coming back. That led to force that was ill-equipped to go to war.”

Sheehan said he heard from a former Dutch military leader that the Srebrenica killings were the result of the liberalization of the armed forces, which he called an effect of “social engineering.”

But Senate Armed Services Committee Chairman Carl Levin (D-Mich.) rebuked the notion that the massacre was the result of allowing gays to serve openly in the Dutch military.

“Any effort to connect that failure on the part of the Dutch to the fact that they have homosexuals or did allow homosexuals, I think, is totally off target,” he said. “I’ve seen no suggestion of that.”

Levin said the failures of Srebrenica were the result of Dutch troops being trained as peacekeepers and not what was required to conduct the mission.

In a statement provided by Levin, Dutch Ambassador to the United States Renée Jones-Bos said he “couldn’t disagree more” with Sheehan’s comments and that he takes pride in how lesbians and gays are allowed to serve openly in the Dutch military.

“The military mission of Dutch U.N. soldiers at Srebrenica has been exhaustively studied and evaluated, nationally and internationally,” he said. “There is nothing in these reports that suggests any relationship between gays serving in the military and the mass murder of Bosnian Muslims.”

Sheehan also expressed concern that open service would lead to sexual assault in the military, as well as other problems should gay service members engage in inappropriate contact with other troops.

Recalling his days in the Vietnam War, Sheehan said there was incident in which a young Marine was being molested by his sergeant in a foxhole. Sheehan noted that the two fought, and a machine gun section near the foxhole opened up and almost killed a combat patrol.

When the young Marine reported this incident, Sheehan said there was a disruption in unit cohesion because the sergeant denied molesting the young Marine and many didn’t believe the allegations.

“For about three days, that unit divided down the middle,” Sheehan said. “Those that supported the popular squad leader, [and] those that kind of thought the new kid might be believable.”

An end to divisiveness came, Sheehan said, when the sergeant committed the same offense three days later.

“But the real tragedy of this story is the young [private] continually insisted for a long period of time that nobody in his organization believed that it happened,” he said. “He lost faith in his chain of command.”

To further his case about concerns on sexual assault, Sheehan also cited a report from the Defense Department last year noting a net increase of 3,200 sexual assaults in the military. He said 7 percent of these incidents — or about 226 — were male-on-male assaults.

“I would stipulate that from my days in Vietnam in the early 60s, when I had this sergeant that almost got a combat patrol killed, to the 226 male soldiers and Marines who were molested, that there’s something wrong with our sexual behavior policy,” he said.

Sen. Joseph Lieberman (I-Conn.), the sponsor of “Don’t Ask, Don’t Tell” repeal legislation in the Senate, said he didn’t share the view that open service would lead to sexual assaults in the military.

“The episode you gave of the sexual assault, Gen. Sheehan, with one man assaulting another man, could, of course, easily and unfortunately does happen more with a man assaulting a women in uniform,” he said.

Lieberman noted statistics Sheehan gave of 7 percent of assaults being male-on-male means 93 percent are heterosexual assault.

“I know there may be fears that if we repeal ‘Don’t Ask, Don’t Tell,’ there’ll be behavior inconsistent with good order and discipline, including sexual assault,” Lieberman said. “But if that happens, they’ll be held to the same account and discipline.”

Two witnesses who testified in favor of repealing “Don’t Ask, Don’t Tell” were Michael Almy, a gay former Air Force communications officer, and Jenny Kopfstein, a lesbian former Navy surface warfare officer. Almy was discharged from service under the ban in 2006 and Kopfstein was discharged in 2002.

Sen. John McCain (R-Ariz) asked both Almy and Kopfstein whether they favored a “thorough, complete” review of “Don’t Ask, Don’t Tell,” as is currently underway in the Pentagon.

Kopfstein said she didn’t have a problem with the review, but that it’s clear the law should be changed.

Almy, however, said he doesn’t favor the study because other changes have taken place in the military without such work.

“We have not done this on any other issues with regard to change to the military — as far as, most recently, putting women in submarines, women in the service academies,” he said. “We did not survey the forces then on those issues. The military is not a democracy. I don’t see this issue as any different, senator.”

McCain said he was “confused about” the opposition to conducting the Pentagon study as means to find out whether “Don’t Ask, Don’t Tell” should be repealed.

“I will continue to argue and fight for whatever I can to make sure that we have a thorough, objective review of the impact on the military of the change of this law,” McCain said. “I think the men and women who serving in the military deserve no less.”


A number of committee members during the hearing expressed their personal viewpoints on “Don’t Ask, Don’t Tell.” Sen. Jim Webb (D-Va.), who’s seen as a swing vote on repeal this year, emphasized the importance of waiting for the completion of the Pentagon review before taking action.

“I don’t want to predict at all where this is going to go,” he said. “I just think that it is vital that we can say to the people in the military and the American people that we’ve been responsible in terms of how a decision has been made.”

But Sen. Roland Burris (D-Ill.) said that in response to the stories of people who are being expelled under “Don’t Ask, Don’t Tell,” a moratorium should be placed on the law’s enforcement to prevent further discharges.

“I think that we need to put a moratorium on this situation right now — don’t let anyone be discharged from the military because of their sexual orientation until we can change this law,” he said.

Following the hearing, Servicemembers Legal Defense Network Executive Director Aubrey Sarvis said the hearing showed “a stark, realistic division” between young service members and retired members of the military from Sheehan’s generation.

“By and large, today’s warriors are fine with gays and lesbian serving openly,” he said. “Obviously, Gen. Sheehan, like some of the joint chiefs, are expressing resistance, dragging their feet.”

But Sarvis said the process that’s underway is examining how to bring about open service in the military “in a smooth, orderly way.”

“That’s what this debate should be about — it should be how,” he said. “It’s not if, it’s not whether, it’s about how we bring about this change.”

Last week’s Senate Armed Services Committee hearing occurred alongside other events that brought attention to “Don’t Ask, Don’t Tell,” including Servicemembers Legal Defense Network’s lobby day on Capitol Hill; the Human Rights Campaign’s rally on Freedom Plaza; and an act of civil disobedience by gay U.S. Army Lt. Dan Choi, who handcuffed himself to the White House gates in protest of the law.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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