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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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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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