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Obama AWOL on ‘Don’t Ask’ repeal?

Activists turn up heat on president to act

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Army Lt. Dan Choi and five other LGBT veterans handcuffed themselves to the White House fence Tuesday in protest of ‘Don’t Ask, Don’t Tell,’ echoing a similar protest staged one month earlier. (DC Agenda photo by Michael Key)

As activists and lobbyists continue to press for repeal of “Don’t Ask, Don’t Tell,” some are losing patience with President Obama and moderate Democrats in Congress.

Obama was heckled at a fundraiser on Monday and a group of six former LGBT service members chained themselves to the White House fence this week to protest what they view as slow progress in overturning the law.

Meanwhile, the Human Rights Campaign and other advocates are working to push six key senators to support repeal of “Don’t Ask, Don’t Tell” this year.

Moderate senators from six states — Florida, Indiana, Massachusetts, Nebraska, Virginia and West Virginia — are the targets of HRC’s grassroots campaign. The renewed push to win their support comes as the Senate Armed Services Committee is poised to tackle the issue May 26 when it takes up the Defense authorization bill.

Allison Herwitt, HRC’s legislative director, said the grassroots effort is being coordinated by about two dozen field workers and includes postcards, phone calls, district office visits, op-ed placements and other media coverage.

“We’re also, where we can, working with some grasstops folks to weigh in with senators, and it’s an ongoing process,” she said.

Marty Rouse, HRC’s national field director, said the campaign builds on the organization’s earlier efforts such as the Voices of Honor tour and involves “identifying and mobilizing veterans” to contact senators and participate in the joint Lobby Day between HRC and Servicemembers United on May 11.

Servicemembers United Executive Director Alex Nicholson said his organization is identifying veterans with HRC’s membership and bringing in new veterans not connected to any organization to advocate for repeal.

“We’re basically setting up a number of events in each of these states with vets to talk about ‘Don’t Ask, Don’t Tell’ to get the issue to the local media,” he said.

But even with this campaign underway, senators from these six states aren’t yet committed to voting for repeal. Many are saying they want to hear the results of the Pentagon study on “Don’t Ask, Don’t Tell,” which is due Dec. 1, before taking action. The mandate of the study, as established by Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, is to examine how the U.S. armed services would implement open service should Congress repeal the ban.

One such senator waiting for the study results is Jim Webb (D-Va.). Asked by DC Agenda on Tuesday whether he favors repeal, Webb emphasized his support for the review currently underway.

“I think what Secretary Gates and Adm. Mullen proposed in terms of the study is very important,” Webb said. “We need to understand that. I support the approach that they’re taking. It’s responsible.”

Pressed on how he would vote on an amendment during the defense authorization markup, Webb reiterated his support for the working group and replied, “I think we need to honor the process that Secretary Gates and Adm. Mullen have put in motion.”

Holding a similar position is Sen. Bill Nelson (D-Fla.). In a statement, Nelson spokesperson Grant Schnell said the senator is interested in the results of the study.

“Sen. Nelson’s inclined to support repeal of the “Don’t Ask, Don’t Tell” policy, but wants to see the study Secretary Gates announced of how this would impact the military,” Schnell said.

Also refraining from endorsing repeal was Sen. Evan Bayh (D-Ind.). In a statement, Bayh said he’s “committed to ensuring that our troops are treated with the respect they have earned through their selfless service” and that his personal belief is “those who are willing to take a bullet for their country ought to be able to serve it openly.”

“However, President Obama is absolutely right to solicit the input and support of his top military commanders about the effects of repealing the ‘Don’t Ask, Don’t Tell’ policy,” Bayh said. “I will make a final decision after receiving the input of our top commanders.”

The offices of Sens. Robert Byrd (D-W.V.), Scott Brown (R-Mass.) and Ben Nelson (D-Neb.) didn’t respond to DC Agenda’s request for comment.

Asked about the progress in moving these senators to support repeal, Herwitt said the campaign is “a work in progress” and that many lawmakers typically hold out on announcing support for pro-LGBT legislation until just before it comes to a vote.

“You always have that last handful of House members or senators that you’re really looking to secure support from, and they’re typically the ones that don’t declare early,” she said.

Rouse noted that there’s a “significant presence” of mobilized efforts to repeal “Don’t Ask, Don’t Tell” in the six states where HRC is working to influence senators.

“If you talk [with] any leaders or politically engaged people in these six states, I think they would acknowledge that there has been significant movement across the states in support of ending ‘Don’t Ask, Don’t Tell,’” Rouse said.

Nicholson also said “it’s really too early” to tell whether the effort will be successful in moving moderate senators to vote for repeal.

“With these swing vote senators, they’re not going to make up their minds until the last minute, and [then only if they] absolutely have to,” he said. “If they’re not forced to take the vote, I don’t think they’re going to take the risk of coming out one way or the other.”

Still, Nicholson said he’s seen evidence of these senators noticing the campaign’s efforts in their states, citing Nebraska as an example where increased media coverage of “Don’t Ask, Don’t Tell” has come to the attention of Ben Nelson’s staff.

Nicholson said he’s heard members of Ben Nelson’s staff have taken the initiative in conversations with other staff members on Capitol Hill to mention an uptick in newspaper stories coming from Omaha, Neb., and Lincoln, Neb., on “Don’t Ask, Don’t Tell.”

“What we do know right now, what we are able to see, is that it’s being noticed — that’s for sure,” Nicholson said.

‘Within a vote or two’

But with votes from these key senators still in play, it remains to be seen whether there will be sufficient votes in the Senate Armed Services Committee to advance repeal.

During a press event Tuesday, Sen. Mark Udall (D-Colo.), a strong proponent of repeal in the Senate, was optimistic about having enough support, noting that “we’re very close” and “we’re within a vote or two.”

“There are certainly a number of senators on [the Democratic] side that are on record as wanting to overturn ‘Don’t Ask, Don’t Tell,’ and there are some who have not made their intentions clear,” Udall said.

Among Republicans, Udall said Sen. Susan Collins (R-Maine), a moderate who often supports LGBT civil rights bills, has “expressed an interest in overturning ‘Don’t Ask, Don’t Tell.’”

Nicholson estimated that a vote now in the Senate Armed Services Committee to repeal “Don’t Ask, Don’t Tell” would have a 25 to 50 percent chance of succeeding without further intervention from the administration.

“I think that Bayh and Bill Nelson are ‘lean yeses,’” Nicholson said. “They’re undecideds, but they’re undecideds leaning towards ‘yes.’”

One factor that would be seen as a tremendous boon — and perhaps even essential — to moving key senators to support repeal is an explicit endorsement from President Obama to attach an end to “Don’t Ask, Don’t Tell” to the upcoming Defense authorization bill.

But the White House and the Pentagon have not come forward with an explicit endorsement of repeal this year. In response to a query from DC Agenda during a press briefing last month, Gates said he doesn’t recommend a change in the law until the Defense Department completes its study implementing open service and that he thinks the president is comfortable with this process.

On Monday, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, wrote a letter to Obama urging him to come out for repeal. Sarvis said he’s concerned about “multiple reports” that the president’s congressional liaison team “is urging some members of Congress to avoid a vote on repeal this year.”

Among those noticing a lack of support from the Obama administration to repeal “Don’t Ask, Don’t Tell” at this time is Senate Armed Services Committee Chairman Carl Levin (D-Mich.). Asked by DC Agenda on Tuesday what the White House and the Pentagon are saying they want from lawmakers on “Don’t Ask, Don’t Tell,” Levin replied, “Let them complete the analysis.”

During his press event, Udall called for a stronger voice from Obama. While acknowledging the president made clear in January during his State of the Union address that he wants to work to repeal “Don’t Ask, Don’t Tell,” Udall said he wants to see and hear more from Obama on the issue.

“The White House has, in the State of the Union address, made it clear they want to repeal ‘Don’t Ask, Don’t Tell,’” Udall said. “The timing they continue to leave up to the Congress. That’s why I think it will be very useful if the president weighed in and said that this year is the year to finish the job.”

Anger with Obama for failing to endorse immediate repeal led protesters to interrupt the president’s speech Monday at a Los Angeles fundraising event for Sen. Barbara Boxer (D-Calif.).

In another protest, six LGBT veterans handcuffed themselves to the gates of the White House on Tuesday in protest over “Don’t Ask, Don’t Tell” and were subsequently arrested. Among the demonstrators were Lt. Dan Choi and Capt. Jim Pietrangelo, who were arrested last month after handcuffing themselves to the White House fence in a similar protest.

In a statement, Choi said he and other LGBT veterans participated in the action out of concern that the president is wavering on his commitment to push for ending “Don’t Ask, Don’t Tell.”

“We are handcuffing ourselves to the White House gates once again to demand that President Obama show leadership on repealing ‘Don’t Ask, Don’t Tell,’” Choi said. “If the president were serious about keeping his promise to repeal this year, he would put the repeal language in his Defense authorization budget.”

Following the protest in Los Angeles, White House Deputy Press Secretary Dan Burton wouldn’t say in response to a reporter’s question aboard Air Force One whether Obama supports repeal at this time. Instead, Burton emphasized that “a tremendous amount of progress” has been made on the issue.

“This is a policy that’s been in place for quite a long time, and as we’ve seen on other issues, change is hard,” he said. “But that said, what we’ve seen is the Chairman of the Joint Chiefs of Staff and the Secretary of Defense both come out in support of this change, and we’re moving with as much speed as possible to see that it’s done.”

Nicholson said he doesn’t think it’s possible to move senators to vote for an immediate repeal bill without more support from the president. But he noted a bill with delayed implementation, as Servicemembers United previously recommended, is possible.

“I think that’s the best chance we have for getting this because it’s the only thing consistent with what the Pentagon wants and it’s the only … middle ground between what the Pentagon says they want and what we are willing to give up and accept,” Nicholson said.

Nicholson said the repeal legislation currently before the Senate isn’t a delayed implementation bill because it calls for an immediate cessation of discharges while allowing the Pentagon working group to complete its study.

Regardless of the positions of the White House and Pentagon, Herwitt said HRC and other advocates are working to make repeal happen this year in the hopes of moving moderate senators to vote for repeal.

“I think that we are going to continue to push and advocate for these senators’ votes,” she said. “The president said in the State of the Union address that he will work with Congress this year and we are continuing to push forward.”

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Federal Government

Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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The White House

Trump proclamation targets trans rights as State Dept. shifts visa policy

Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.

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President Donald Trump stands in the Roosevelt Room in December 2025. (Washington Blade Photo by Joe Reberkenny)

In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.

“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,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.

One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.

The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.

However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.

The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”

Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.

According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.

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Florida

Fla. House passes ‘Anti-Diversity’ bill

Measure could open door to overturning local LGBTQ rights protections

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(Photo by Catella via Bigstock)

The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.

The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.

Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.

The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.

But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.

“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.

But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”     

The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”

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