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Pelosi wants ‘Don’t Ask’ vote this year

Announcement comes as activists plan Sunday protest at White House

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U.S. House Speaker Nancy Pelosi wants to hold a House vote this year on ‘Don’t Ask, Don’t Tell.’ (DC Agenda photo by Michael Key)

U.S. House Speaker Nancy Pelosi (D-Calif.) is planning to hold a vote this year on repeal of “Don’t Ask, Don’t Tell,” according to her office.

“It is the Speaker’s intention that a vote will be taken this year on [‘Don’t Ask, Don’t Tell’] in the House,” Drew Hammill, a Pelosi spokesperson, told the Washington Blade in a statement this week.

The announcement is welcome news for repeal advocates because Pelosi has yet to send legislation to the floor that lacked sufficient support for passage.

Michael Cole, a Human Rights Campaign spokesperson, praised Pelosi for planning the vote.

“As we’ve been saying for a long time now, the time to repeal the ‘Don’t Ask, Don’t Tell’ law is this year, and it’s a positive sign to hear congressional leaders affirm that,” Cole said.

Still, he noted that further work is necessary to make repeal happen.

“We need pressure on the Congress, we need pressure on the White House, we need pressure across the board, and as we get into this critical period, signs like that are promising,” he said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he learned last week in a meeting with House Majority Leader Steny Hoyer that the House was planning the vote.

“I’m delighted that [Pelosi] reaffirmed to hold the vote this year,” he said.

Sarvis said the planned vote is helpful because it “underscores to the White House the seriousness of purpose” and the importance of moving key votes in the House and Senate during upcoming weeks.

“The hour for the president as well as for the leadership to become engaged is now,” he said. “The reality is — particularly in the Senate Armed Services Committee — we are still short of some critical votes. We don’t have the votes today. We’re on the brink of getting them, and we need help from leadership on the Hill and from the president himself.”

As plans for the House vote emerged, pressure continued to build on President Obama to make a greater effort to repeal “Don’t Ask, Don’t Tell” this year. Activists were planning a White House protest Sunday to draw more attention to the issue.

Heading the event are the grassroots groups Queer Rising and GetEqual. The latter organization was responsible for civil disobedience protests in recent months, including arrests on two occasions of LGBT former service members who chained themselves to the White House gates in protest of “Don’t Ask, Don’t Tell.”

Alan Bounville, a member of Queer Rising and East Coast organizer for GetEqual, said the focus of Sunday’s protest would be to press Obama to send to Congress language repealing “Don’t Ask, Don’t Tell” as part of his budget recommendations for the defense authorization bill.

“We want the president to transmit to the Senate Armed Services Committee the language that’s put into the [Department of Defense] budget to repeal this ridiculous law immediately,” he said. “We want that to happen right now; we want him to do that this moment.”

Activists are urging Obama to send such language to Congress soon because the defense committees are expected to hold markups next month for defense authorization legislation. The Senate Armed Services Committee, which advocates have been pushing to take up the issue of “Don’t Ask, Don’t Tell” is scheduled to hold its markup on May 26.

“So [the protest is] really just part of the growing swell of grassroots pressure that’s being placed on the president to take leadership on this issue because we know this window is closing for this to happen this year,” Bounville said.

The protest is set to take place Sunday from noon to 3 p.m. at Lafayette Park. Bounville noted that the number of people who participate could be in the hundreds or more. Organizers are still working on the messaging for the protest, Bounville said, including what he called a “visual component” that “may or may not happen that would also provide a stark visual image at the actual rally.”

The list of speakers planning to take part in the protest is still being finalized, but Bounville said among those taking part would be U.S. Army Lt. Dan Choi, an Iraq war veteran who was among those who chained himself to the White House fence in protest of “Don’t Ask, Don’t Tell.”

“There’s a list of speakers that are taking the stage and just really sharing their stories, repeating this demand over and over and over,” Bounville said. “We’ll be doing a lot of chanting and just really connecting the people not just to this issue, but also to the fact we’re really fighting for full federal equality.”

Bounville was non-committal about whether civil disobedience would be a component of Sunday’s protest. He said he had “no idea” whether anyone would break the law at the event.

“I have no idea and usually those types of things would be kept under wraps anyway,” he said. “So that’s definitely something we wouldn’t know until we’re actually out there.”

But at least one lawmaker was skeptical about the impact of the Sunday protest. Gay Rep. Barney Frank (D-Mass.), when asked about the effectiveness of the White House protest, replied, “You think President Obama is going to cave because people are demonstrating in front of the White House? No.”

“If presidents were going to change because people demonstrate, then what happens when people demonstrate in the opposite direction?” he said. “Do you count the number of demonstrators? I continue to be frustrated by people trying to take the easy way out — the way that gives them an emotional release — instead of calling senators and calling representatives.”

Frank said he was willing to bet most of those participating in the protest have not lobbied their lawmakers “in a significant way.”

“By which, I mean, call them and getting other people to call them,” he said.

In response, Bounville said Frank and others shouldn’t disparage acts of civil disobedience because people are putting themselves on the line for these efforts.

“That’s disgusting,” he said. “When they say things that really condemn non-violent direct action, they’re completely out of touch, not just with this movement, but with the social movement in general.”

Bounville said he didn’t think “letter writing and phone calling and $2,500 a plate dinners” have influenced lawmakers to move toward repeal, and what’s working “is the groundswell of grassroots support.”

“So if there were any civil disobedience at this rally, if it’s well executed, I think that would be a wonderful thing for the movement,” he said.

While skeptical about the impact of Sunday’s protest, Frank said the White House isn’t being “supportive the way they should be” in moving forward with repeal this year.

Still, Frank said the recent regulatory changes limiting third-party outings and raising the rank of officers conducting and initiating reviews “made a tremendous difference.”

“I give them a lot of credit for moving as they did, but I can’t give them full credit and I’m disappointed,” he said.

Bounville is also urging national LGBT organizations to take part in the Sunday protest and said a lack of participation would mean those groups aren’t serious about the urgency of repealing “Don’t Ask, Don’t Tell.”

“If these organizations really feel a sense of urgency of these issues, they will support rallies like this that the community is planning,” he said. “It’s a rally that has competent speakers eloquently speaking on this issue, and if they’re not going to support that, then they’re really not supporting the movement, period.”

Bounville said SLDN and the National Gay & Lesbian Task Force would be among the organizations “looking at what they can do right now to help promote this event,” but the situation with HRC is different.

“HRC has been to this point unresponsive, which is interesting because the other organizations have responded,” he said Monday. “Joe Solmonese and HRC have not responded, which is not surprising. He’s forcing HRC to become irrelevant very fast.”

Cole denied that HRC hadn’t responded to the organizers’ request to participate. He said HRC started talks Monday about getting Jarrod Chlapowksi, HRC’s military consultant, involved in the event.

“He is interested in doing so and HRC is interested in having him appear,” Cole said. “Right now, Jarrod is in direct communication with the event organizers to work out the details and find out more about the event, but we look forward to his participation.”

Sarvis said SLDN is supportive of the protest, but was waiting to hear more details. He said he had a meeting scheduled April 23 with Kip Williams, a co-chair of GetEqual, but the discussion didn’t take place because Williams left town before the scheduled time.

“We’re having conversations about what it’s going to look like and who’s participating and what’s the scope of the protest,” Sarvis said. “But, yes, it’s certainly something that we’re going to be supporting … and we’ll be helping to get out information on it and other means.”

Noting Obama called for “Don’t Ask, Don’t Tell” repeal as part of his State of the Union address, Sarvis said the challenge before repeal advocates is ensuring the president is following through and engaged with Congress to eliminate the statute this year.

“Clearly, if he gets on the phone and asks for votes in the two committees, that’s going to make a difference,” Sarvis said. “He’s working the phones on financial services reform. He did that on health care. We need that same kind of engagement in repealing that statute.”

Sarvis said protests such as the one occurring Sunday are effective in influencing President Obama to move forward with repeal this year, but noted that there are different approaches to petitioning the president.

“We have clients who are sending letters to the president this week individually; we’re up on Capitol Hill face-to-face with members and their staffs,” Sarvis said. “There’s a place for others to do their thing, whether it’s at the White House or Lafayette Park.”

Recalling a similar protest before the White House that SLDN organized in June to mark the then-265 service members who were discharged during Obama’s term, Sarvis said his organization has taken part in grassroots activism before.

“Petitioning the president at the White House is not a new thing for SLDN,” Sarvis said. “That’s something that SLDN organized almost 11 months ago, so obviously I think it’s helpful.”

In addition to the White House protest, Bounville noted that activists were planning actions targeting members of Congress regarding “Don’t Ask, Don’t Tell.” He said his organization sent fliers to senators with differing positions on the issue — Senate Armed Services Committee Chairman Carl Levin (D-Mich.), ranking Republican Sen. John McCain (R-Ariz.) and Sen. Jim Webb (D-Va.) — with the message, “You’re next!”

Accordingly, five activists held a sit-in protest Monday at McCain’s district office in Phoenix, Ariz., to protest the senator’s opposition to repealing “Don’t Ask, Don’t Tell.” The fallout of the protest wasn’t immediately clear and McCain’s office didn’t respond to a request for comment.

“From a non-violent direct action standpoint, yeah, we have reached out to those targets,” Bounville said.

Still, Bounville said the No. 1 focal point for the upcoming protest is Obama because he’s failed to follow through on his promise to be a “fierce advocate” for the LGBT community.

“I’m going to continue to pressure him,” Bounville said. “I’m going to continue to exhaust myself because I’m not exhausted on this. He will continue to lose political capital at an accelerated rate, probably faster than he would have if we weren’t engaged at this end of the movement.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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