National
Obama AWOL on ‘Don’t Ask’ repeal?
Activists turn up heat on president to act
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.”
Arizona
Ariz. governor vetoes anti-transgender, Ten Commandments bill
Katie Hobbs has pledged to reject anti-LGBTQ bills that reach her desk
BY CAITLIN SIEVERS | A slew of Republican bills, including those that would have allowed discrimination against transgender people and would have given public school teachers a green light to post the Ten Commandments in their classrooms, were vetoed by Gov. Katie Hobbs on Tuesday.
Hobbs, who has made it clear that she’ll use her veto power on any bills that don’t have bipartisan support — and especially ones that discriminate against the LGBTQ community — vetoed 13 bills, bringing her count for this year to 42.
Republicans responded with obvious outrage to Hobbs’s veto of their “Arizona Women’s Bill of Rights,” which would have eliminated any mention of gender in state law, replacing it with a strict and inflexible definition of biological sex. The bill would have called for the separation of sports teams, locker rooms, bathrooms, and even domestic violence shelters and sexual assault crisis centers by biological sex, not gender identity, green-lighting discrimination against trans Arizonans.
“As I have said time and again, I will not sign legislation that attacks Arizonans,” Hobbs wrote in a brief letter explaining why she vetoed Senate Bill 1628.
The Arizona Senate Republicans’ response to the veto was filled with discriminatory language about trans people and accused them of merely pretending to be a gender different than they were assigned at birth.
“With the radical Left attempting to force upon society the notion that science doesn’t matter, and biological males can be considered females if they ‘feel’ like they are, Katie Hobbs and Democrats at the Arizona State Legislature are showing their irresponsible disregard for the safety and well-being of women and girls in our state by killing the Arizona Women’s Bill of Rights,” Senate Republicans wrote in a statement.
The Senate Republicans went on to accuse the Democrats who voted against the bill of endangering women.
“Instead of helping these confused boys and men, Democrats are only fueling the dysfunction by pretending biological sex doesn’t matter,” Senate President Warren Petersen said in the statement. “Our daughters, granddaughters, nieces, and neighbors are growing up in a dangerous time where they are living with an increased risk of being victimized in public bathrooms, showers, and locker rooms because Democrats are now welcoming biological males into what used to be traditionally safe, single-sex spaces.”
But trans advocates say, and at least one study has found, that there’s no evidence allowing trans people to use the bathroom that aligns with their identity makes those spaces less safe for everyone else who uses them.
In the statement, the bill’s sponsor, Sen. Sine Kerr (R-Buckeye), claimed that the bill would have stopped trans girls from competing in girls sports, something she said gives them an unfair advantage. But Republicans already passed a law to do just that in 2022, when Republican Gov. Doug Ducey was still in office, though that law is not currently being enforced amidst a court challenge filed by two trans athletes.
Republicans also clapped back at Hobbs’ veto of Senate Bill 1151, which would have allowed teachers or administrators to teach or post the Ten Commandments in public school classrooms, a measure that some Republicans even questioned as possibly unconstitutional.
In a statement, the bill’s sponsor, Sen. Anthony Kern (R-Glendale), accused Hobbs of “abandoning God” with her veto.
“As society increasingly strays away from God and the moral principles our nation was founded upon, Katie Hobbs is contributing to the cultural degradation within Arizona by vetoing legislation today that would have allowed public schools to include the Ten Commandments in classrooms,” Kern said in the statement.
In her veto letter, Hobbs said she questioned the constitutionality of the bill, and also called it unnecessary. During discussion of the bill in March, several critics pointed out that posting the Ten Commandments in public school classrooms, tenets of Judeo-Christian religions, might make children whose families practice other religions feel uncomfortable.
“Sadly, Katie Hobbs’ veto is a prime example of Democrats’ efforts to push state-sponsored atheism while robbing Arizona’s children of the opportunity to flourish with a healthy moral compass,” Kern said.
Another Republican proposal on Hobbs’s veto list was Senate Bill 1097, which would have made school board candidates declare a party affiliation. School board races in Arizona are currently nonpartisan.
“This bill will further the politicization and polarization of Arizona’s school district governing boards whose focus should remain on making the best decisions for students,” Hobbs wrote in her veto letter. “Partisan politics do not belong in Arizona’s schools.”
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Caitlin joined the Arizona Mirror in 2022 with almost 10 years of experience as a reporter and editor, holding local government leaders accountable from newsrooms across the West and Midwest. She’s won statewide awards in Nebraska, Indiana and Wisconsin for reporting, photography and commentary.
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The preceding piece was previously published by the Arizona Mirror and is republished with permission.
Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.
Arizona Mirror is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
National
Senate committee: Republican attorneys general abused power demanding trans medical records
AGs used ‘abusive legal demands’
In a 10-page report released on Tuesday by staff for the Democratic majority of the U.S. Senate Finance Committee, the Republican attorneys general of Tennessee, Missouri, Indiana, and Texas are accused of using “abusive legal demands” to collect the medical records of transgender patients in furtherance of the attorneys general’ “ideological and political goals.”
According to the document, which is titled “How State Attorneys General Target
Transgender Youth and Adults by Weaponizing the Medicaid Program and their Health Oversight Authority,” the attorneys general used specious or misleading legal pretexts to justify their issuance of civil investigative demands to healthcare providers.
For example, the office of Tennessee Attorney General Jonathan Skrmetti framed the request as part of a probe into the potential misuse of Medicaid funds, while the offices of Indiana Attorney General Todd Rokita and Missouri Attorney General Andrew Bailey cited suspected violations of consumer protection laws. The office of Texas Attorney General Ken Paxton, which demanded records from “at least two hospitals located in Texas as well as at least two medical providers” in Washington and Georgia, did not disclose why the requests were issued.
The report found that information requested by the attorneys general’s offices included “invasive items such as unredacted physical and mental health records, photographs of children’s bodies, correspondence to hospitals’ general email addresses for LGBTQIA+ patients, and lists of people referred for transgender health care.”
In response, and in what the committee called “a grave violation of patient privacy and trust,” some providers turned over “near-complete, patient-identifiable” information while others used legal processes available to them such as privacy protections in the Health Insurance Portability and Accountability Act to share fewer details with the attorneys general’s offices.
The report noted that Vanderbilt University Medical Center in Nashville had “failed to object in any material manner to the Tennessee attorney general’s sweeping request and then caused undue terror to young patients and their families by supplying the Tennessee attorney general with some of the records requested and then, again, by erroneously notifying some patients of medical record disclosures that had not occurred.”
News concerning Vanderbilt’s receipt of and compliance with the demands from Skrmetti’s office was made public in June, sparking widespread concern and panic among many of the center’s trans patients and their families. Some, according to the report, experienced suicidal ideation and emotional distress including depression and anxiety.
A plaintiffs’ lawsuit was filed in July over VUMC’s failure to redact personally identifying information from the medical records. The following month, the center disclosed plans to comply with an investigation by the U.S. Department of Health and Human Services Office of Civil Rights.
In a statement to NBC News, Michael Regier, the medical center’s general counsel and secretary, said the hospital disputes the findings published in the committee’s report and had submitted “a detailed letter outlining our concerns about its proposed findings before it was released.”
“We made every effort to both protect our patients and follow the law,” Regier said, adding that “At no point did we violate privacy laws, and we strongly disagree with any suggestion that we did.”
However, the committee’s report notes that by contrast, providers in other states like the Washington University School of Medicine in St. Louis refused to turn over patient records, citing privacy concerns and HIPPA regulations. And after staff for U.S. Sen. Ron Wyden (D-Ore.), the committee chair, had requested and reviewed copies of correspondence between VUMC and the Tennessee attorney general’s office, they concluded that the documentation “sheds light, for the first time, on the full extent of VUMC’s acute and repeated failures to protect its patients.”
For example, the report explains that after Skrmetti’s office issued the initial request to VUMC, it followed up with two additional civil investigative demands for “confidential information across 18 categories without any bounds on the number of patients or people implicated” ranging from “employment contracts for physicians to volunteer agreements for the
VUMC Trans Buddy Program to communications to and from a general email address.”
In response, the hospital shared “65,000 pages of documents, including the medical records of 82 transgender patients.” The information that was provided pursuant to receipt of Skrmetti’s office’s third civil investigative demand is unknown.
Related:
The U.S. has granted asylum to a Guatemalan LGBTQ activist who fled his country in 2019.
Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City.
He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.
Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.
Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.
The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.
Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.
The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.
“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”
Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.
Cifuentes is now the client services manager for Lawyers for Good Government’s Project Corazón, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ asylum seekers and migrants.
“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”
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