National
Gates unveils new ‘Don’t Ask’ regulations
Changes intended to reflect ‘common sense and common decency’
Defense Secretary Robert Gates (left) and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen are changing how the Pentagon will implement "Don't Ask, Don't Tell." (DC Agenda photo by Chris Johnson)
Defense Secretary Robert Gates announced Thursday that the Pentagon is changing how it will implement “Don’t Ask, Don’t Tell,” including limiting third-party outings and raising the rank of the officers handling inquiries.
Joined by Chairman of the Joint Chiefs of Staff Adm. Michael Mullen, Gates unveiled the changes to enforcing the ban on gays serving openly during a Pentagon press conference.
“I believe these changes represent an important improvement in the way the current law is put into practice, above all, by providing a greater measure of common sense and common decency to a process for handling what are difficult and complex issues for all involved,” Gates said.
Gates said Mullen, Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright and the service chiefs are unanimous in their support for these new regulations.
While unveiling the changes, Gates said in response to a DC Agenda question that he doesn’t recommend legislative action to repeal the “Don’t Ask, Don’t Tell” law until the Pentagon working group completes its review of the law.
Gates established the working group in February to examine the implications of repealing the 1993 ban on open service. The group’s study is set for completion by Dec. 1.
“I do not recommend a change in the law before we have completed our study,” he said. “There is a great deal we don’t know about this in terms of the views of our service members and trying to get the views of our families.”
Gates said the working group also is necessary to examine changing regulations for benefits and look at other implementation issues.
“I think we need to do this thoroughly and professionally,” he said. “I think we need to do this right, if you will, and I think doing it hastily is very risky and I think does not address some of the concerns that have been expressed by the chiefs of staff of the services and a number of the questions that have been raised associated with this.”
Mullen, who testified in favor of open service for gays, lesbians and bisexuals last month, said he would “echo” Gates’s remarks with regard to legislative action on “Don’t Ask, Don’t Tell” before the working group completes its study.
“It’s very important for us to go through this process — and doing it with haste could easily generate a very bad outcome,” he said. “So understanding where we are — having that information from those it will affect most — is a very important part of this process.”
Asked whether the White House shares this view on the timing of repeal, Gates replied, “You would have to ask them, but I would tell you that my impression is the president is very comfortable with the process that we’ve laid out, and certainly with the changes that I have announced today.”
A senior defense official, who spoke on the condition of anonymity, later clarified for DC Agenda that the Pentagon isn’t taking a position on legislation related to “Don’t Ask, Don’t Tell” before the working group’s review is complete.
“It’s been very consistent out of here that the issue is not whether, it is how,” said the official. “In doing this, because this is the military, they wanted to do this in a way that is professionally thorough. So they are not going to be taking any position on any legislation at all. They’re not going to be supporting any legislation; they’re just not taking any position on legislation.”
The official said that Gates’ remarks during the press conference were consistent with his congressional testimony and other statements.
“This is not taking sides,” said the official. “There is no position on legislation. The position is follow through with this process, and he basically stated that they’d like to see this process be done to inform legislation.”
In a statement, Human Rights Campaign President Joe Solmonese said Congress should undertake repeal of “Don’t Ask, Don’t Tell” as the Pentagon continues work on its study.
“Two branches of government can and should work concurrently toward repeal,” he said. “There is no reason for Congress to wait for the details on implementation when Secretary Gates and the president have made it clear that this law should be repealed.”
Also during the press conference, Gates noted that the goal of the working group’s study on “Don’t Ask, Don’t Tell” is to determine how to implement repeal.
“The study is about how you implement it — if the law changes, how we deal with it,” Gates said. “This study is not about should we do it; this study is about how we do it.”
Gates added the working group will take into consideration the feelings of service members and their families.
“We need to identify where [there] might be problems and issues — or just issues to be addressed — whether it’s a change in regulations or benefits or something like that, so then when the time comes we have some idea of what we have to do in order to carry forward with the change,” Gates said.
But the new regulations issued Thursday will change implementation of the law until legislative action is taken. Specifically, the new changes will:
• raise the rank of the officer who can start fact-finding inquiries or separation proceedings to a general or admiral;
• raise the rank of the person who can conduct fact-finding inquiries to lieutenant colonel or Navy commander or above;
• raise the level of the officer who can separate an enlisted service member to general or admiral;
• raise the bar for what constitutes credible information to start an inquiry or separation proceeding, by mandating, for example, that information from third parties be given under oath and that use of overheard statements and hearsay are discouraged;
• raise the bar on what constitutes a reliable person upon whose word an inquiry can begin, with special scrutiny of third parties who may want to harm a service member;
• and specify that certain confidential information cannot be used for discharge proceedings, such as information provided to lawyers, clergy or psychotherapists; information provided to medical professionals for medical treatment; information provided in seeking assistance for domestic or physical abuse; or information about sexual orientation discovered during security clearance investigations.
Gates said the new regulations will take effect immediately and would apply to all open and future discharge cases. He noted that the services have 30 days to conform their own regulations to these changes.
Following the briefing by Gates, Jeh Johnson, the Pentagon’s general counsel who helped draft the new regulations, offered additional details.
In response to one question regarding what would happen in pending cases if a service member was outed by what is now considered unreliable information, and, following the start of an investigation, the service member acknowledged they were gay, Johnson said he didn’t know what would happen in such a situation.
“That’s a good question — and we’ll have to work that through,” he said.
In a statement, Rep. Patrick Murphy (D-Pa.), the sponsor of “Don’t Ask, Don’t Tell” repeal legislation in the U.S. House, praised the Pentagon for implementing the changes, but said full repeal is still necessary.
“Today’s announcement from Defense Secretary Gates is another step forward in the fight to repeal the discriminatory policy of ‘Don’t Ask, Don’t Tell,’ and a signal that momentum for change continues to build,” he said. “While I am encouraged by the Pentagon’s announcement, I remain committed to working toward full legislative repeal of this law, which hurts our national security and military readiness.”
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD
A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.
“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.
“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”
GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”
Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”
“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”
“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”
Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor
President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”
“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.
Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
Tom Goss returns with ‘Bear Friends Furever Tour’
Calendar: May 2-8
Cozy Night In Ideas And Inspiration
Episcopal bishop to speak at WorldPride human rights conference
Pabllo Vittar to perform at WorldPride
Chronicling disastrous effects of ‘conversion therapy’
Second federal lawsuit filed against White House passport policy
We must show up to WorldPride 2025 in D.C.
Ruby Corado sentencing postponed for third time
A room with Pride: D.C.’s LGBTQ history finds a new home at the Eaton
-
Books5 days agoChronicling disastrous effects of ‘conversion therapy’
-
U.S. Federal Courts4 days agoSecond federal lawsuit filed against White House passport policy
-
Opinions4 days agoWe must show up to WorldPride 2025 in D.C.
-
District of Columbia4 days agoRuby Corado sentencing postponed for third time