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‘Don’t Ask’ changes too late for discharged officer

Revisions would have enabled gay man to stay in Air Force

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Mike Almy, a former Air Force officer, is among the plaintiffs seeking reinstatement in the military through the new 'Don't Ask' legislation (Blade photo by Michael Key).

New regulations unveiled last week to ease the burden of LGBT service members serving under “Don’t Ask, Don’t Tell” were well received by advocacy groups — but a former Air Force officer discharged under the law called news of the changes “bittersweet” because they came too late to help him.

Mike Almy, a gay former Air Force communications officer who recently testified before the Senate on being discharged under “Don’t Ask, Don’t Tell,” said the new changes would have helped him stay in the service when he faced expulsion from the U.S. military.

“On a personal level, it’s kind of bittersweet from the standpoint that these regulations, this new guidance would have helped me a few years ago when I was going through my discharge proceedings,” Almy said. “In all likelihood, I would still be on active duty under the new guidance that Gates issued.”

Almy was discharged from the Air Force after another service member discovered personal e-mails revealing information about his sexual orientation and reported them to commanders. Almy said he was expelled from the Air Force even though he never made a statement to the military divulging he’s gay.

Even though Almy said he’s disappointed the new regulations weren’t in place to help him at the time of his proceedings, he noted that on a larger scale, the changes represent “a positive step” forward that provides more momentum for a full repeal of “Don’t Ask, Don’t Tell.”

“It’s still not a substitute, but it’s a definitely a move in the right direction, and it’s going to help thousands of service members who are in the military today,” he said.

The new changes, unveiled last week by Defense Secretary Robert Gates, will limit third-party outings by requiring such information to be given under oath, and raise the rank of the officers handling inquiries and discharges.

Almy said the new regulations will have a “direct bearing” on many LGBT service members he knows on active duty.

“The ones that I know that are still on active duty that are still serving — they’re very encouraged by the first initial step as well as the climate overall and the momentum that’s going on in the House and the Senate, and certainly the Pentagon, to fully repeal ‘Don’t Ask, Don’t Tell,’” he said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization is still examining the implications of the changes and what they mean for LGBT service members.

“It’s premature to say until we complete our legal analysis,” he said. “I think it will be helpful for some service members. It will reduce the number of investigations and, therefore, it will, in all likelihood, reduce the number of discharges.”

Sarvis said he wasn’t yet in a position to quantify how discharges would be reduced under the new regulations, but he noted that fewer people would face “Don’t Ask, Don’t Tell” discharges.

Among the issues SLDN is examining, Sarvis said, is what will happen in pending cases where a service member was outed by a third party under the old regulations, and subsequently announced their sexual orientation of their own accord.

“I would imagine in many cases that service members who are in the pipeline for discharge under the old regulations and the old [Department of Defense] directives, in essence, would have the opportunity to start over again,” he said. “In many cases, we know it’ll go back to their commanders.”

As SLDN examines the changes, Sarvis said his organization plans to publish this week new guidance for LGBT service members serving under “Don’t Ask, Don’t Tell.” He said SLDN has received numerous inquiries from active duty and reserve service members regarding the new regulations.

Among those serving who are pleased with the changes is a gay U.S. Army soldier currently in Iraq, who spoke to DC Agenda on condition of anonymity to avoid being discharged under “Don’t Ask, Don’t Tell.”

The soldier, who has been seeing a psychotherapist in part because of the stress of serving under “Don’t Ask, Don’t Tell,” said the new change allowing LGBT service members to disclose their sexual orientation to mental health experts would be particularly beneficial for him.

During his therapy sessions, the soldier said he had been dodging questions about his sexual orientation, or even unrelated matters that he thought may have outed him under the law. But with the new regulations in place, the soldier said he plans to come out to his psychotherapist in an upcoming session.

“In my particular instance, it’s the fact that I can talk about more than just any problems that I’m having at work or any problems that I’m having at home,” he said. “I can talk about issues that I’m having with my ex-boyfriend — and just identity issues. It just takes off a lot of stress because you can discuss more without having to censor yourself.”

The soldier said he also thinks Gates’ decision to raise the rank of those starting and conducting inquiries under “Don’t Ask, Don’t Tell” was “a remarkably ingenious way” to limit discharges.

“It makes it virtually un-enforceable, except for cases where disclosure would be unprofessional anyway,” the soldier said. “Generals [and] admirals have far more important things to do than worry about whether Private John Smith, or Lt. Jane Doe, are homosexual.”

Another case on which the new regulations could have an impact is the pending discharge of Lt. Col. Victor Fehrenbach, an Air Force pilot who’s facing discharge under the law.

In 2008, Fehrenbach was accused of raping another man and was only able to clear his name after saying he had consensual sex with his accuser. But his admission of having homosexual sex meant outing himself under “Don’t Ask, Don’t Tell.”

Sarvis said he doesn’t think Fehrenbach is moving toward discharge as a result of the new announcement.

“But I think in all likelihood, his file should go back to the [the commanding officer] and the [commanding officer] will make a determination on whether or not to reinitiate the ‘Don’t Ask, Don’t Tell’ investigation,” Sarvis said. “Without going into a great deal of detail, we think that there may be more than one avenue that will be beneficial for Lt. Col. Fehrenbach under the changes announced by Secretary Gates last week.”

Sarvis said SLDN has advised Fehrenbach not to engage in further media interviews while his case is pending.

What affect the new regulations will have on efforts to repeal “Don’t Ask, Don’t Tell” legislatively remains to be seen. Sarvis said the new regulations could “work both ways” in the effort to repeal, leading some members of Congress to say the situation has been addressed and others to say discharges must be reduced to zero.

“One side will say, ‘What’s the rush? Why should Congress have to deal with this? Secretary Gates and Adm. Mullen just announced some significant changes?” Sarvis said. “And the flip side of that is, ‘OK, they’ve made some changes, but you still have the statute on the books. You’re not getting down to zero discharges because of sexual orientation until you repeal the statute.”

Sarvis said that full repeal is necessary to eliminate completely the discharges of LGBT service members.

“The most important thing is ‘Don’t Ask, Don’t Tell’ has not gone away,” he said. “Service members are still at risk and LGBT service members cannot serve openly under ‘Don’t Ask, Don’t Tell.’”

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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New York

Gay ICE detainee freed after 150 days in detention

Cayman Islands native taken into custody before green card interview

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Allan Marrero, left, and Matthew Marrero (Photo courtesy of Middle Church)

Following nearly half a year in U.S. Immigration and Customs Enforcement detention, Allan Marrero has been released and is back home with his husband in New York.

Marrero spent 150 days in ICE custody, held in multiple detention centers across the U.S. after missing an immigration court hearing while in a rehabilitation program for alcohol addiction — a circumstance widely considered “good cause” for failing to appear.

The Washington Blade first reported on Marrero’s case in March after the Cayman Islands native was detained by ICE officers during what was supposed to be a routine marriage-based green card interview at 26 Federal Plaza in New York City.

Marrero had been married to his husband, Matthew Marrero, for two years at the time of the interview. But almost immediately, the experience turned hostile.

The Rev. Amanda Hambrick Ashcraft, a minister at Middle Church in Manhattan who accompanied the couple to provide spiritual support, later described the process as “dehumanizing” and “barbaric.”

During the interview, it became clear the couple was facing an uphill battle. At one point, when asked how they met, Matthew Marrero instinctively looked over at his husband and was “snapped at” and told not to look at him. As the interview continued, the outlook only grew more grim.

Unaware that he had a prior removal order tied to the missed court date while he was in rehab, Allan Marrero was detained on the spot.

Over the following months, Allan Marrero was transferred through multiple detention facilities, including centers in Arizona and Texas, the Everglades Detention Facility — also known as “Alligator Alcatraz,” which has been described as having “unsanitary inadequate conditions” — and ultimately a detention center in Mississippi.

While in custody, Allan Marrero was denied access to prescription medication and, according to advocates, was psychologically pressured by ICE agents to self-deport rather than remain detained while his legal case proceeded.

Although a judge later reopened his case and granted bond after Allan Marrero provided proof that he had been in rehab — a valid medical reason for missing his court date — ICE used procedural mechanisms to keep him detained. A separate judge later issued a ruling denying relief, leaving Allan Marrero in custody.

On the outside, Matthew Marrero said his life felt as though it had been put on pause so ICE could meet enforcement quotas.

“[It feels like] somebody came in and kidnapped someone close to you and took away all of your control and power,” Matthew Marrero told the Blade on March 7. “You shouldn’t be able to have this much control over somebody’s life, especially if they are trying to do the right thing … You’re not going after criminals, you’re not going after the worst of the worst. You’re trying to fill a quota.”

Alexandra Rizio, Allan Marrero’s attorney with Make the Road New York, a progressive grassroots immigrant-led organization, told the Blade that “there seems to be an underlying element of cruelty baked into not only this administration, but everything.”

“It didn’t have to go down that way,” Rizio continued. “If someone goes in for a green card interview and their marriage interview, and they learn that they have a removal order, what the USCIS officer could have done is say, ‘Look, you have a removal order in your name. You need to go hire an attorney right away to get this taken care of. I can’t adjudicate your green card…’ And if you hire a lawyer, you know, you might be able to get it straightened out. Of course, that’s not what happened. And so ICE, which was in the building, were called and they did arrest Allan.”

The Marreros are scheduled to hold a press conference on Tuesday at Middle Church, where Allan Marrero will speak publicly for the first time about his detention.

For additional information on the press conference please visit middlechurch.org

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