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Will arrests at White House usher new era of activism?

Gay soldier becomes face of civil disobedience

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Lt. Dan Choi, a gay West Point graduate and Arabic linguist who served as an infantry officer in Iraq, was arrested last week after handcuffing himself to the White House fence in protest of ‘Don’t Ask, Don’t Tell.’ (DC Agenda photo by Michael Key)

A gay solider who handcuffed himself to the White House fence last week in protest of “Don’t Ask, Don’t Tell” has emerged as a national figure who is challenging LGBT rights groups to take a more militant posture in the fight for anti-discrimination bills stalled in Congress.

Lt. Dan Choi, a West Point graduate and Arabic linguist who served as an infantry officer in Iraq, was one of three protesters arrested outside the White House on March 18. Many people see the action as a challenge to gay groups aligned with the Obama administration and Democratic Party leaders in Congress.

“I want to explain why these actions are exactly what we need to be doing as American citizens,” Choi told DC Agenda upon his release from jail March 19. “When there’s a time when our leaders are unable, unwilling to do the right thing, somebody has to step up to the responsibility.”

His arrest — and comments in a Newsweek interview this week criticizing gay rights leaders for being too closely aligned with the Washington political establishment — comes at a time when some activists and donors are complaining that President Obama and Democratic leaders in Congress have not pushed hard enough to advance several LGBT rights bills, including the repeal of “Don’t Ask, Don’t Tell.”

Choi, who is in the process of being discharged from the Army under “Don’t Ask, Don’t Tell,” was joined in the White House protest by Jim Pietrangelo, a former Army captain discharged in 2004 for being gay, and Robin McGehee, co-founder of the new LGBT direct action group GetEqual.org.

Pietrangelo also handcuffed himself to the fence while McGehee assisted the two. Police charged all three with refusing to obey a lawful order to disperse, a misdemeanor that carries a maximum penalty of a $1,000 fine.

McGehee agreed to pay a $35 fine to end the case against her in a process known as post and forfeit. But Choi and Pietrangelo pleaded not guilty at an arraignment the following day in D.C. Superior Court after being held overnight in jail. A judge set an April 26 trial date for the two.

Shortly after U.S. Park Police officers arrested Choi and Pietrangelo and uniformed Secret Service officers arrested McGehee, four other protesters affiliated with GetEqual.org were arrested by U.S. Capitol police for staging a sit-in at the Capitol Hill office of House Speaker Nancy Pelosi (D-Calif.).

Other people were arrested around the same time in Pelosi’s district office in San Francisco. The Washington and San Francisco protesters said they were targeting Pelosi for not moving fast enough to schedule a House vote on the Employment Non-Discrimination Act, or ENDA. The long-stalled legislation calls for banning employment discrimination on the basis of sexual orientation and gender identity.

“We had three simultaneous actions happening at the same time on the same day — with the simple demand that we wanted “Don’t Ask, Don’t Tell” repealed immediately and ENDA to be brought to the floor immediately,” McGehee said.

“And we’ll be back in April,” said McGehee, who lives in Fresno, Calif. “I can’t tell you what we’re going to do, but we’ll be back.”

Asked if future actions would involve LGBT protesters getting arrested, McGehee said, “Yes, absolutely.”

“Some of these will include non-violent civil disobedience that will lead to arrests and some of them will be moments that you’re going to highlight injustice through a creative action idea that doesn’t include an arrest,” she said.

“But what we’re trying to do is create the lunch-counter moment that highlights the injustice and gives the visual imagery that shows we really are in a civil rights battle,” she said.

McGehee said the “lunch-counter moment” was a reference to the famous sit-ins staged by blacks at segregated restaurants and lunch counters in the South during the late the 1950s and early 1960s, when civil rights activists were arrested and jailed.

The non-violent civil disobedience actions organized then by Martin Luther King Jr. and his supporters have been credited with laying the groundwork for Congress to pass the 1964 Civil Rights Act. The act ended segregation by banning discrimination based on race and color in employment, housing and public accommodations.

Gay activists have engaged in civil disobedience actions since the Stonewall riots in New York City ushered in the modern gay rights movement in 1969. Gay and AIDS activists involved with the AIDS protest groups ACT UP engaged in widely publicized civil disobedience actions in the 1980s to challenge inaction on the part of the government to fighting AIDS.

But since the early 1990s, when President Bill Clinton emerged as the first U.S. president to openly support gay rights and gay-supportive Democrats won control of Congress, most of the nation’s LGBT groups chose a path of more traditional lobbying and electioneering to build support for gay rights causes.

McGehee’s reference to the arrest actions by black civil rights activists in the South, where police often treated arrested demonstrators harshly, paralleled Choi’s arrest outside the White House.

According to D.C. gay Democratic activist Paul Yandura, who has served as a spokesperson for Choi and Pietrangelo, Choi recounted a harrowing encounter with a police officer at the city’s Central Cellblock, where the two were taken after their arrest.

Yandura noted that Choi and Pietrangelo wore their military uniforms to the protest and remained dressed in their uniforms during their overnight stay at the cellblock. He said Choi told him an officer at the cellblock ordered him to stand before him at attention and “violently” ripped several cloth insignias, including an American flag insignia, from Choi’s uniform.

One by one, the officer ripped off the flag insignia, cloth stripes indicating Choi’s rank and a cloth U.S. Army insignia, so as “to humiliate him,” Yandura said.

Shortly after being asked about the incident by DC Agenda, Assistant D.C. Police Chief Diane Groomes said she looked into the matter and confirmed that a Park Police officer removed the insignias from both Choi and Pietrangelo’s uniforms at a Park Police holding facility.

She said the incident occurred before the two men were taken to the Central Cellblock, which is operated by D.C. police.

“[D.C. police] were not involved in said matter,” Groomes told DC Agenda in an e-mail. She said Park Police Lt. Phil Beck confirmed to her that an officer with the Park Police removed the two gay men’s uniform insignias, but she did not know why.

A Park Police spokesperson could not immediately be reached for comment.

Choi challenges HRC

Choi appeared to take a swipe at established LGBT rights groups, including the Human Rights Campaign, in an interview this week with Newsweek, which raised eyebrows among some activists.

“Within the gay community, so many leaders want acceptance from polite society,” he said in the interview. “I think there’s been a betrayal of what is down inside of us in order to achieve what looks popular, what look enviable.

“The movement seems to be centered around how to become an elite,” he said. “I would say to them: You do not represent us if all you are looking for is a ladder in to elite society.”

He also told Newsweek he believes a “deep schism” exists within the LGBT rights movement, with many gay and transgender youth becoming alienated from the more establishment-oriented groups.

Choi’s own plans for the White House protest last week were announced about a half hour before it began during a noon rally in Freedom Plaza that HRC organized jointly with comedienne Kathy Griffin in support of efforts to repeal “Don’t Ask, Don’t Tell.”

Choi was not a scheduled speaker at the rally. In a statement, HRC spokesperson Trevor Thomas said Choi first asked HRC President Joe Solmonese if the soldier could have a speaking role at the event.

“Joe explained that it wasn’t his sole decision to make on the spot given that there was already an established program that included Kathy Griffin, other organizations and veterans,” Thomas said.

But Thomas and others familiar with the rally said Griffin later invited Choi to speak during her allotted time period on the rally stage.

Once on stage, Choi urged rally attendees to march with him to the White House to send a message to “repeal ‘Don’t Ask, Don’t Tell’ — not next year, not tomorrow, but now. Now is the time.”

He made no mention of his plans to handcuff himself to the White House fence, saying only, “I’m going to the White House right now. I want you all to take out your cell phones and any recording devices and document this moment right now as we together make history.”

He then turned to Griffin and Solmonese and asked if they would join him in a march to the White House. Griffin said, “Of course,” and Solmonese gave him a thumbs-up signal. But the two later said that they chose to remain at the rally to continue to push for lobbying efforts to repeal “Don’t Ask, Don’t Tell.”

About 200 people followed Choi and Pietrangelo for the four-block walk from Freedom Plaza to the White House. HRC said more than 1,000 people attended the Freedom Plaza rally.

Phil Attey, a gay D.C. activist and volunteer coordinator for the Obama for president campaign was among those who attended the Freedom Plaza rally. He expressed distaste over Choi’s march to the White House, calling it “politically unsophisticated beyond belief.”

“It’s a shame that our community needs to be educated about the political process and they don’t get it,” he said. “They don’t understand that Congress needs to be moved on this issue and that people across the country have the power to do that. And if they’re going to get them to yell and scream at the president, we’re going to fail, we’re going to lose.”

But Choi and McGehee said later that Obama isn’t pushing hard enough to prod Congress to repeal “Don’t Ask, Don’t Tell.” The two said their arrest action was aimed, in part, at pushing the president into including language to repeal “Don’t Ask, Don’t Tell” in his 2010 Department of Defense authorization bill, which could enable the repeal to take place this year.

While saying he has great respect for Griffin, a popular comedienne with a large gay following, Choi said he questioned HRC’s decision to team up with a comedienne for a rally addressing discrimination against gays in the military.

“’Don’t Ask, Don’t Tell’ is not a laughing matter,” he said in the Newsweek interview.

HRC says differing
tactics no ‘schism’

Solmonese and two local activists involved in lobbying for D.C.’s same-sex marriage law took exception to some of Choi’s comments.

“Any healthy and diverse social movement will have a diversity of voices and opinions,” Solmonese told DC Agenda. “Individuals and groups will take different approaches based on their ideology, life experience and other sincerely and deeply held beliefs about the political process. This is not indicative of a schism, but rather a sign of vibrant engagement.”

And D.C. gay activist Bob Summersgill, who coordinated strategy for lobbying the City Council for approval of a same-sex marriage law, called Choi’s criticism of HRC off base.

“Direct action is a very good tactic,” he said. “But it’s most effective when you do it in conjunction with standard lobbying. This past week, Dan Choi had a dual message to pass ENDA and repeal “Don’t Ask, Don’t Tell,” but also to attack HRC at the same time.”

Summersgill disputed Choi’s assertion that national lobbying groups like HRC are more interested in seeking an elitist status than in passing laws.

“HRC is a federal lobbying organization,” he said. “To pass laws, you have to talk to and build relationships with members of Congress.”

Jose Zuniga, who was among the first to challenge “Don’t Ask, Don’t Tell” in 1993 as a sergeant in the Army, noted that civil disobedience has an important place in civil rights endeavors, including in the LGBT community.

“I respect Dan Choi’s passion and, although I wish he had not engaged in civil disobedience while dressed in an Army uniform, I personally understand, as someone who was discharged from the U.S. Army … because I am a gay man, the frustration he and our community rightly feel,” Zuniga said.

Like Summersgill and Solmonese, Zuniga said civil disobedience should be carefully coordinated with legislative advocacy efforts.

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The White House

USCIS announces it now only recognizes ‘two biological sexes’

Immigration agency announced it has implemented Trump executive order

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An American flag flies in front of a privately-run U.S. Immigration and Customs Enforcement detention center in the Southeast U.S. on July 31, 2020. U.S. Citizenship and Immigration Services has announced it now only recognizes "two biological genders, male and female." (Washington Blade photo by Yariel Valdés González)

U.S. Citizenship and Immigration Services on Wednesday announced it now only “recognizes two biological sexes, male and female.”

A press release notes this change to its policies is “consistent with” the “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” executive order that President Donald Trump signed shortly after he took office for the second time on Jan. 20.

“There are only two sexes — male and female,” said DHS spokesperson Tricia McLaughlin in a statement. “President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”

“Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being,” she added.

The press release notes USCIS “considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.”

“If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence,” it reads.

The USCIS Policy Manuel defines “secondary evidence” as “evidence that may demonstrate a fact is more likely than not true, but the evidence does not derive from a primary, authoritative source.”

“Records maintained by religious or faith-based organizations showing that a person was divorced at a certain time are an example of secondary evidence of the divorce,” it says.

USCIS in its press release notes it “will not deny benefits solely because the benefit requestor did not properly indicate his or her sex.”

“This is a cruel and unnecessary policy that puts transgender, nonbinary, and intersex immigrants in danger,” said Immigration Equality Law and Policy Director Bridget Crawford on Wednesday. “The U.S. government is now forcing people to carry identity documents that do not reflect who they are, opening them up to increased discrimination, harassment, and violence. This policy does not just impact individuals — it affects their ability to travel, work, access healthcare, and live their lives authentically.”  

“By denying trans people the right to self-select their gender, the government is making it harder for them to exist safely and with dignity,” added Crawford. “This is not about ‘common sense’—it is about erasing an entire community from the legal landscape. Transgender, nonbinary, and intersex people have always existed, and they deserve to have their identities fully recognized and respected. We will continue to fight for the rights of our clients and for the reversal of this discriminatory policy.” 

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Federal Government

Mass HHS layoffs include HIV/AIDS prevention, policy teams

Democratic states sue over cuts

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

Tuesday began a series of mass layoffs targeting staff, departments, and whole agencies within the U.S. Department of Health and Human Services under Secretary Robert F. Kennedy Jr., who reportedly plans to cut a total of 10,000 jobs.

On the chopping block, according to reports this week, is the Office of Infectious Disease and HIV/AIDS Policy. A fact sheet explaining on the restructuring says “a new Administration for a Healthy America (AHA) will consolidate the OASH, HRSA, SAMHSA, ATSDR, and NIOSH, so as to more efficiently coordinate chronic care and disease prevention programs and harmonize health resources to low-income Americans.”

The document indicates that “Divisions of AHA include Primary Care, Maternal and Child Health, Mental Health, Environmental Health, HIV/AIDS, and Workforce, with support of the U.S. Surgeon General and Policy team.”

“Today, the Trump administration eliminated the staff of several CDC HIV prevention offices, including entire offices conducting public health communication campaigns, modeling and behavioral surveillance, capacity building, and non-lab research,” said a press release Tuesday by the HIV + Hepatitis Policy Institute.

The organization also noted the “reassignments” of Jonathan Mermin, director of the National Center for HIV, Viral Hepatitis, STD, and TB Prevention, and Jeanne Marrazzo, director of the National Institutes of Health’s National Institute of Allergy and Infectious Diseases. Both were moved to the Indian Health Service.

“In a matter of just a couple days, we are losing our nation’s ability to prevent HIV,” said HIV + Hepatitis Policy Institute Executive Director Carl Schmid. “The expertise of the staff, along with their decades of leadership, has now been destroyed and cannot be replaced. We will feel the impacts of these decisions for years to come and it will certainly, sadly, translate into an increase in new HIV infections and higher medical costs.”

The group added, “We are still learning the full extent of the staff cuts and do not know how the administration’s announced reorganization of HHS will impact all HIV treatment, prevention, and research programs, including President Trump’s Ending the HIV Epidemic initiative,” but “At the moment, it seems that we are in the middle of a hurricane and just waiting for the next shoe to drop.”

A group of 500 HIV advocates announced a rally planned for Wednesday morning at 8 a.m., at the U.S. Capitol lawn across from the Cannon House Office Building, which aims to urge Congress to help stop the cuts at HHS.

“Over 500 advocates will rally on Capitol Hill and meet with members of Congress and Hill staff to advocate for maintaining a strong HIV response and detail the potential impact of cuts to and reorganization of HIV prevention and treatment programs,” the groups wrote.

The press release continued, “HHS has stated that it is seeking to cut 10,000 employees, among them 2,400 CDC employees, many doing critical HIV work. It also seeks to merge HIV treatment programming into a new agency raising concerns about maintaining resources for and achieving the outstanding outcomes of the Ryan White HIV/AIDS Program.”

On Tuesday a group of Democratic governors and attorneys general from 23 states and D.C. filed a lawsuit against HHS and Kennedy seeking a temporary restraining order and injunctive relief to halt the funding cuts.

U.S. Centers for Disease Control and Prevention withdrew approximately $11.4 billion in funding for state and community health departments during the COVID-19 pandemic response, along with $1 billion to the Substance Abuse and Mental Health Services Administration.

“Slashing this funding now will reverse our progress on the opioid crisis, throw our mental health systems into chaos, and leave hospitals struggling to care for patients,” New York Attorney General Letitia James said.  

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State Department

Former US envoy for global LGBTQ, intersex rights slams Trump

Former President Joe Biden appointed Jessica Stern in 2021

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Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights abroad, center, speaks outside the U.N. Security Council on March 20, 2023 (Washington Blade photo by Michael K. Lavers)

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights, says the work that she and her colleagues did under the Biden-Harris administration is “being systematically dismantled.”

“As the person who was responsible for leading U.S. foreign policy on LGBTQI+ issues, it’s been very difficult for the past two months to see that work being systematically dismantled,” she told the Washington Blade on March 19 during a telephone interview.

Stern was the executive director of Outright International, a global LGBTQ and intersex advocacy group, when then-President Joe Biden appointed her in June 2021.

The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy. These efforts specifically included the decriminalization of consensual same-sex sexual relations and marriage equality efforts in countries where activists said they were possible through the legislative or judicial processes.

The Trump-Vance administration’s decision to freeze most U.S. foreign aid spending for at least 90 days has had a devastating impact on the global LGBTQ and intersex rights movement. President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers has prompted Germany and several other European countries to issue travel advisories for transgender and nonbinary people who are planning to visit the U.S.

Stern said the Trump-Vance administration “has studied the anti-LGBTQI strategies of other countries and basically imported the worst ideas from around the world: The most violent, the most dehumanizing, the most targeting strategies.” Stern added these policies have emboldened Hungarian Prime Minister Viktor Orbán, Russian President Vladimir Putin, Argentine President Javier Milei and other anti-LGBTQ heads of state.

“It’s one thing when a small country that has limited global reach implements anti-LGBTQI laws and policies. It’s another thing when one of the world’s superpowers does so,” Stern told the Blade. “There’s no question that the U.S.’s regression on LGBTQI rights is actually going to accelerate backlash against LGBTQI people around the world.”

“We provide political legitimacy to those ideas, but also we’re forging new alliances and coalitions, and we’re pushing these ideas on other countries,” she added. “So, it’s not a passive action. The U.S. government currently is actively funding and disseminating anti-LGBTQI hatred around the world.”

Former State Department colleagues ‘afraid every day’

The Trump-Vance administration in a Feb. 3 statement that defended its efforts to dismantle the U.S. Agency for International Development noted examples of the organization’s “waste and abuse” included $2 million for “sex changes and ‘LGBT activism'” in Guatemala and $1.5 million to “advance diversity, equity and inclusion in Serbia’s workplaces and business communities.” Secretary of State Marco Rubio last month said 83 percent of USAID contracts have been cancelled, and the remaining will “now be administered more effectively under the State Department.”

Rubio after the Trump-Vance administration froze nearly all U.S. foreign aid spending issued a waiver that allowed the President’s Emergency Plan for AIDS Relief and other “life-saving humanitarian assistance” programs to continue to operate.

The Blade has previously reported PEPFAR-funded programs in Kenya, South Africa, and elsewhere have suspended services and even shut down because of a lack of U.S. funding. UNAIDS Executive Director Winnie Byanyima on March 24 said 6.3 million more people around the world will die of AIDS-related complications over the next four years if the U.S. does not fully restore its foreign assistance.

Stern said her former State Department colleagues are “afraid every day.”

“They never know, ‘Am I going to be fired today?’ “Am I going to be put on administrative leave?’,” she said. “I cannot even imagine what it’s like to go to work every day.”

Stern told the Blade her former colleagues tell her that “there’s not a lot of foreign policy work happening because there’s so much disruption being caused by DOGE (the Department of Government Efficiency).”

“Entire departments have been decimated,” she said, noting one of them has lost 60 people. “It’s almost inconceivable to figure out how to restructure your work when your resources have been decimated.”

Jessica Stern speaks at an LGBTQ+ Victory Institute co-organized conference in Mexico City on July 20, 2023. (Washington Blade photo by Michael K. Lavers)

Stern described herself as “an eternal optimist” when the Blade asked whether she thinks the U.S. can ever stand for LGBTQ and intersex rights abroad.

“You have to believe in human rights,” she said.

Stern said former Secretary of State Antony Blinken as “an ally on LGBTQI issues.” Stern also said many of her now former State Department colleagues thanked her and her team for their work before they left government.

“There’s so much compassion from straight and cisgendered allies, from career officials, people that are not human rights experts or specialists, people that don’t focus on the well-being of LGBTQI people, but people that care very much about the United States standing for its values, the rule of law, equality for all, and this notion that it is in our national interest to ensure that there is safety, prosperity, and well-being for people around the world,” she said.

“The situation we find ourselves in will not last forever,” added Stern. “What we have to do is figure out how to hold the line right now, and how to organize for the future.”

She stressed ways to “hold the line” include litigation, protests, letters-to-the-editor, demanding accountability from lawmakers.

“There’s so much to do,” said Stern.

Then-Secretary of State Antony Blinken speaks at a World AIDS Day event hosted by the Business Council for International Understanding on Dec. 2, 2022. (Screen capture via U.S. Department of State YouTube)

Stern is currently teaching at Columbia University’s School of International and Public Affairs, and is writing about her experience as the “first-ever human rights expert to be the special U.S. envoy for LGBTQI rights.” Stern also told the Blade that she is working to launch a new organization.

“I love being an activist again,” she said. “If there was ever a time when activists are needed, it’s now.”

“I am really proud to have rejoined the resistance,” added Stern.

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