National
‘Don’t Ask’ repeal faces delay, uncertainty
Gates warns Congress not to act; protesters arrested for third time at White House
In the wake of Defense Secretary Robert Gates advising Congress to delay taking action to overturn “Don’t Ask, Don’t Tell,” LGBT advocates remain committed to pushing for repeal this year, but have expressed differing opinions on the best way forward.
In an April 30 letter to House Armed Services Committee Chairman Ike Skelton (D-Mo.), Gates says “in the strongest possible terms” that the Department of Defense must be allowed to conduct its review of lifting the ban on open service before Congress takes “any legislative action.” The report is due to be completed Dec. 1.
Gates says “a critical element” of the review is engaging the armed forces and military families and noted that those in service “must be afforded” the opportunity to share “concerns, insights and suggestions” about the proposed change.
“Therefore, I strongly oppose any legislation that seeks to change this policy prior to the completion of this vital engagement process,” Gates says. “Further, I hope Congress will not do so, as it would send a very damaging message to our men and women in uniform that in essence their views, concerns, and perspectives do not matter on an issue with such a direct impact and consequence for them and their families.”
In a statement responding to the letter, Shin Inouye, a White House spokesperson, said President Obama’s commitment to repealing the ban on service “is unequivocal,” but noted the White House is on board with delaying implementation of repeal.
“That’s why we’ve said that the implementation of any congressional repeal will be delayed until the DOD study of how best to implement that repeal is completed,” he said.
The White House didn’t respond to the Blade’s request to clarify whether this statement rules out an endorsement from Obama on including repeal as part of the upcoming Defense authorization bill or whether the president supports a vote in Congress now to repeal the gay ban, as long as implementation is delayed until 2011.
The impact of the two statements on the effort to achieve legislative repeal of “Don’t Ask, Don’t Tell” this year remains unclear. Some experts previously said repeal was only one or two votes short on the Senate Armed Services Committee, but that may change following Gates’ request for a delay.
David Smith, vice president of programs for the Human Rights Campaign, said repeal remains possible this year.
“We think it should and can happen this year, and that is what we are fighting for,” Smith said. “We continue to work with both the House and the Senate.”
Smith said HRC continues to lobby the White House for support in the effort to repeal “Don’t Ask, Don’t Tell.”
He added the grassroots work and lobbying that HRC is pursuing in six states — Florida, Indiana, Massachusetts, Nebraska, Virginia and West Virginia — would be an important part of the path toward winning the votes necessary for repeal.
In anticipation of the defense authorization bill markup in the Senate Armed Services Committee on May 24, the work is intended to influence key senators on the panel who are uncommitted on repeal: Sen. Bill Nelson (D-Fla.), Sen. Evan Bayh (D-Ind.), Sen. Scott Brown (R-Mass.), Sen. Ben Nelson (D-Neb.), Sen. Jim Webb (D-Va.) and Sen. Robert Byrd (D-W.Va.).
“The key is the votes and we think we’re close and we think that, at the end of the day, we’ll have those votes, and that’s what we continue to work for,” Smith said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the best way to make repeal happen following the publication of the Gates letter is working with repeal advocates on Capitol Hill.
“We strongly believe repeal can happen, but this will require the president to lead the way at this critical hour,” Sarvis said. “To put it bluntly, we need his voice and help now.”
Some Hill supporters of repeal are staying mum following publication of the Gates letter and the White House statement. The office of Senate Armed Services Committee Chairman Carl Levin (D-Mich.) declined to comment on the letter, and the office of Sen. Joseph Lieberman (I-Conn.) didn’t respond to the Blade’s request for comment.
Rep. Patrick Murphy (D-Pa.), the sponsor of repeal legislation in the House, was quoted in an interview with The Advocate this week as saying he was “blindsided” by the Gates letter, but still plans to pursue repeal this year.
“That’s my job — to make sure that we repeal this policy,” he said. “After my three years in Washington, I think when folks tell you to walk away, that’s usually a sign that you’re getting close.”
In the letter, Gates said he was responding to an April 28 inquiry from Skelton, who opposes “Don’t Ask, Don’t Tell” repeal at this time. Skelton’s inquiry and Gates’ letter come on the heels of an announcement from House Speaker Nancy Pelosi (D-Calif.) that she plans to hold a vote on “Don’t Ask, Don’t Tell” repeal this year in her chamber.
“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 Blade last week.
In response to a subsequent Blade inquiry about Gates’ letter, Hammill said April 30 that Pelosi’s position was unchanged, although he used slightly different language.
“The speaker maintains her hope to repeal this discriminatory policy this year,” Hammill said.
Separately, Pelosi issued a statement calling for a moratorium on discharges of gay service members.
“We all look forward to the report on the review of the ‘Don’t Ask, Don’t Tell’ policy by the Defense Department,” she said. “In the meantime, the administration should immediately place a moratorium on dismissals under this policy until the review has been completed and Congress has acted.”
Disappointment with President Obama’s lack of support for a vote on “Don’t Ask, Don’t Tell” this year led around 300 protesters to rally at the White House on Sunday.
Former Democratic National Committee Chairman Howard Dean made a surprise appearance at the rally as six protesters were arrested after they handcuffed themselves to the White House gates.
The rally, a collaborative effort of GetEqual and Queer Rising, was aimed to move President Obama to call on Congress to include repeal of the ban on gays serving openly in the armed forces as part of upcoming Defense Department budget legislation.
People at the rally carried signs reading, “Study: Navy has some bigots — Duh!” and “Mr. Obama, What’s the hold up?”
At one point, demonstrators chanted, “What do we want? Full equality! When do we want it? Now!” They also shouted, “Shame on Obama! Shame on your silence!”
Speaking before attendees, Dean said an end to “Don’t Ask, Don’t Tell” is necessary because it robs the U.S. military of crucial personnel, such as Arabic translators.
“We can’t afford to lose any talented people, and to kick talented people out of the military because they happen to be gay or lesbian makes no sense at all,” he said.
The six protesters who handcuffed themselves to the White House gates Sunday were Anne Tischer of Rochester, N.Y.; Mark Reed of Dallas; and Alan Bounville, Nora Camp, Iana DiBona and Natasha Dillon, all of New York City.
As they handcuffed themselves, protesters chanted, “I am somebody, and I deserve full equality.”
Led by Lt. Dan Choi, who was previously arrested twice for handcuffing himself to the White House fence, the crowd shouted out the Pledge of Allegiance to the six people handcuffed to the fence. After reciting the last line of “With liberty and justice for all,” attendees repeated the refrain, “For all! For all!”
After the six demonstrators were arrested, Paul Yandura, an organizer with GetEqual, said they were charged with misdemeanor failure to obey a lawful order. He noted that each paid a fine of $100 and their cases are now closed.
Those attending the rally said they joined the event to show their frustration with Obama and his approach toward “Don’t Ask, Don’t Tell.”
Erika Knepp of Annapolis, Md., said it’s “absolutely ridiculous” that Obama hasn’t called for repeal this year.
“He was voted on making promises, and that’s all it’s come to,” she said. “We had the National Equality March to make him promise to keep his promises, and there’s been nothing so far, and it makes me very angry.”
Also expressing anger at the rally over Obama’s handling of the issue was a gay Army Reserve Office Training Corps student at Georgetown University, who spoke to the Blade on the condition of anonymity to avoid being expelled under “Don’t Ask, Don’t Tell.”
The student said he felt Obama “betrayed” him because the president has not fulfilled his campaign promise to repeal “Don’t Ask, Don’t Tell.”
“When he said that, I was really relieved, knowing that I might be able to come out without having to lie all the time to my peers,” said the student. “But after learning that the White House is not following through on that, it’s actually disappointing.”
Many repeal advocates now see a delayed implementation bill as the best chance for overturning the law this year.
Such a measure would technically meet the standards set forth in the White House statement, which said “the implementation of any congressional repeal will be delayed until the DOD study of how best to implement that repeal is completed.”
HRC’s Smith called delayed implementation an “essential” component of any bill that would pass this year.
“I believe that the work of the working group likely needs to be completed before repeal can be implemented, but it still can be executed this year and implemented over a period of time based on the working group recommendations,” he said.
Sarvis said SLDN has supported the approach of delayed implementation before in what he called a “60-60-60” plan for repeal.
“We delay repeal of [‘Don’t Ask, Don’t Tell’] for 180 days after the president signs the defense bill to ensure a timely transition to open service and an orderly implementation,” he said.
Under the plan, Gates would retain authority for discharges immediately upon the legislation’s passage. An estimated 60 days later, the Pentagon working group would make its recommendations on Dec. 1. After an additional 60 days passes, the Defense Department could issue guidelines on implementing open service, and 60 days later, the services can issue their own regulations.
The issue of whether the White House would support delayed implementation legislation came up during a panel discussion on May 1 at the Equality Forum, an annual LGBT summit in Philadelphia.
Brian Bond, LGBT liaison for the White House, sidestepped a question about whether the Obama administration would support passing delayed implementation legislation.
When the letter came up during a panel discussion highlighting LGBT officials in the White House, Bond read a prepared White House statement saying Obama’s commitment to repealing “Don’t Ask, Don’t Tell” is “unequivocal,” but that the president wants to wait on implementing repeal until the Pentagon completes its study of the law.
“If change were easy, we wouldn’t be having to have this fight right now,” Bond said. “I think that letter is a good example of how this is going to be a fight and a challenge.”
In response to the statement, Washington Blade Editor Kevin Naff, who was on the panel with Bond, asked whether repeal supporters could infer that the president supports a congressional vote for repeal “as long as the implementation is delayed until after December.”
Bond didn’t say whether the White House supports such a move, but noted an endorsement of such a proposal is part of an “ongoing discussion.”
“I think that’s an ongoing discussion right now,” Bond said. “Again, there are several camps here trying to figure out — don’t forget, at the end of the day, it is Congress that will repeal ‘Don’t Ask, Don’t Tell,’ not us.”
Bond said the president is committed to his campaign promise to repeal “Don’t Ask, Don’t Tell” and that Obama has made clear “on any number of times that we are working on this.”
“It’s not going to be easy,” Bond said. “It’s going to messy. It was about this same time last year that my phone was blowing up and my e-mails were blowing up that we’re not going to get hate crimes done. So, I guess what I would say to you is the president has not changed his position.”
But Bond’s comments didn’t appease some on the panel, who expressed disappointment with Obama’s work on LGBT issues in the nearly 18 months that he’s been in the White House.
Panel moderator Jarrett Barrios, president of the Gay & Lesbian Alliance Against Defamation, noted a growing impatience in the LGBT community with Obama.
“We are impatient and, I think, a lot of the folks out there are impatient,” he said. “Whether it was the ‘fierce advocate’ speech, or whether it was the campaign, we heard a little bit more zeal than we feel right now.”
In a subsequent panel, Choi had stern words for the president on the issue and gave him a D-minus for his handling of LGBT issues.
“I’m absolutely dissatisfied by the thinking of the entire administration that hundreds of soldiers [losing] their jobs this year is not as important as a handful of Democrats who might lose their jobs,” Choi said.
National
How data helps — and hurts — LGBTQ communities
‘Even when we prove we exist, we don’t get the resources we need’
When Scotland voted to add questions about sexuality and transgender status to its census, and clarified the definition of “sex,” it was so controversial it led to a court case.
It got so heated that the director of Fair Play for Women, a gender-critical organization, argued: “Extreme gender ideology is deeply embedded within the Scottish Government, and promoted at the highest levels including the First Minister.”
Data, like the census, “is often presented as being objective, being quantitative, being something that’s above politics,” says Kevin Guyan, author of “Queer Data.”
Listening to the deliberations in parliament breaks that illusion entirely. “There’s a lot of political power at play here,” says Guyan, “It’s very much shaped by who’s in the room making these decisions.”
Great Britain has been a ‘hotspot’ for the gender-critical movement. “You just really revealed the politics of what was happening at the time, particularly in association with an expanded anti-trans movement,” explains Guyan.
Ultimately, the LGBTQ community was counted in Scotland, which was heralded as a historic win.
This makes sense, says Amelia Dogan, a research affiliate in the Data plus Feminism Lab at MIT. “People want to prove that we exist.”
Plus, there are practical reasons. “To convince people with power, especially resource allocation power, you need to have data,” says Catherine D’Ignazio, MIT professor and co-author of the book “Data Feminism.”
When data isn’t collected, problems can be ignored. In short, D’Ignazio says, “What’s counted counts.” But, being counted is neither neutral nor a silver bullet. “Even when we do prove we exist, we don’t get the resources that we need,” says Dogan.
“There are a lot of reasons for not wanting to be counted. Counting is not always a good thing” they say. D’Ignazio points to how data has repeatedly been weaponized. “The U.S. literally used census data to intern Japanese people in the 1940s.”
Nell Gaither, president of the Trans Pride Initiative, faces that paradox each day as she gathers and shares data about incarcerated LGBTQ people in Texas.
“Data can be harmful in some ways or used in a harmful way,” she says, “they can use [the data] against us too.” She points to those using numbers of incarcerated transgender people to stoke fears around the danger of trans women, even though it’s trans women who face disproportionate risk in prison.
This is one of the many wrinkles the LGBTQ community and other minority communities face when working with or being represented by data.
There is a belief by some data scientists that limited knowledge of the subject is OK. D’Ignazio describes this as the “hubris of data science” where researchers believe they can make conclusions solely off a data set, regardless of background knowledge or previous bodies of knowledge.
“In order to be able to read the output of a data analysis process, you need background knowledge,” D’Ignazio emphasizes.
Community members, on the other hand, are often primed to interpret data about their communities. “That proximity gives us a shared vocabulary,” explains Nikki Stephens, a postdoctoral researcher in D’Ignazio’s Data plus Feminism lab.
It can also make more rich data. When Stephens was interviewing other members of the transgender community about Transgender Day of Remembrance, they realized we “think more complicated and more meaningful thoughts, because we’re in community around it.”
Community members are also primed to know what to even begin to look for.
A community may know about a widely known problem or need in their community, but they are invisible to institutions. “It’s like unknown to them because they haven’t cared to look,” says D’Ignazio.
That is how Gaither got involved in tracking data about incarcerated LGBTQ people in Texas in the first place.
Gaither received her first letter from an incarcerated person in 2013. As president of the Trans Pride Initiative, Gaither had predominately focused on housing and healthcare for trans people. The pivot to supporting the LGBTQ incarcerated community came out of need—trans prisoners were not given access to constitutionally mandated healthcare.
Gaither sought a legal organization to help, but no one stepped in—they didn’t have expertise. So, Gaither figured it out herself.
As TPI continued to support incarcerated, queer Texans, the letters kept rolling in. Gaither quickly realized her correspondences told a story: definable instances of assault, misconduct, or abuse.
With permission from those she corresponded with and help from volunteers, Gaither started tracking it. “We’re hearing from people reporting violence to us,” says Gaither, “we ought to log these.” TPI also tracks demographic information alongside instances of abuse and violence, all of which are publicly accessible.
“It started off as just a spreadsheet, and then it eventually grew over the years into a database,” says Gaither, who constructed the MySQL database for the project.
Gaither’s work especially focuses on the Prison Rape Elimination Act (PREA), which ostensibly includes specific protections for transgender people.
To be compliant with PREA, prisons must be audited once every three years. Numerous investigations have shown that these audits are often not effective. TPI has filed numerous complaints with the PREA Resource Center, demonstrating inaccuracies or bias, in addition to tracking thousands of PREA-related incidents.
“We are trying to use our data to show the audits are ineffective,” says Gaither.
Gaither has been thinking about data since she was a teenager. She describes using a computer for the first time in the 1970s and being bored with everything except for dBASE, one of the first database management systems.
“Ever since then, I’ve been fascinated with how you can use data and databases to understand what your work with data,” Gaither says. She went on to get a master’s in Library and Information Sciences and built Resource Center Dallas’s client database for transgender health.
But gathering, let alone analyzing, and disseminating data about queer people imprisoned in Texas has proven a challenge.
Some participants fear retaliation for sharing their experiences, while others face health problems that make pinpointing exact dates or times of assaults difficult.
And, despite being cited by The National PREA Resource Center and Human Rights Clinic at the University of Texas School of Law, Gaither still faces those who think her data “doesn’t seem to have as much legitimacy.”
Stephens lauds Gaither’s data collection methods. “TPI collect their data totally consensually. They write to them first and then turn that data into data legible to the state and in the service of community care.”
This is a stark contrast to the current status quo of data collection, says Dogan, “people, and all of our data, regardless of who you are, is getting scraped.” Data scraping refers to when information is imported from websites – like personal social media pages – and used as data.
AI has accelerated this, says D’Ignazio, “it’s like a massive vacuum cleaning of data across the entire internet. It’s this whole new level and scale of non-consensual technology.”
Gaither’s method of building relationships and direct correspondence is a far cry from data scraping. Volunteers read, respond to, and input information from every letter.
Gaither has become close to some of the people with whom she’s corresponded. Referring to a letter she received in 2013, Gaither says: “I still write to her. We’ve known each other for a long time. I consider her to be my friend.”
Her data is queer not simply in its content, but in how she chooses to keep the queer community centered in the process. “I feel very close to her so that makes the data more meaningful. It has a human component behind it,” says Gaither.
Guyan says that data can be seen as a “currency” since it has power. But he emphasizes that “people’s lives are messy, they’re complicated, they’re nuanced, they’re caveated, and a data exercise that relies on only ones and zeros can’t necessarily capture the full complexity and diversity of these lives.”
While Gaither tallies and sorts the incidents of violence, so it is legible as this “currency,” she also grapples with the nuance of the situations behind the scenes. “It’s my family that I’m working with. I think it makes it more significant from a personal level,” says Gaither.
Guyan explains that queer data is not just about the content, but the methods. “You can adopt a queer lens in terms of thinking critically about the method you use when collecting, analyzing, and presenting all types of data.”
(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)
National
New twice-a-year HIV prevention drug found highly effective
Gilead announces 99.9% of participants in trial were HIV negative
The U.S. pharmaceutical company Gilead Sciences announced on Sept. 12 the findings of its most recent Phase 3 clinical trial for its twice-yearly injectable HIV prevention drug Lenacapavir show the drug is highly effective in preventing HIV infections, even more so than the current HIV prevention or PrEP drugs in the form of a pill taken once a day.
There were just two cases of someone testing HIV positive among 2,180 participants in the drug study for the twice-yearly Lenacapavir, amounting to a 99.9 percent rate of effectiveness, the Gilead announcement says.
The announcement says the trial reached out to individuals considered at risk for HIV, including “cisgender men, transgender men, transgender women, and gender non-binary individuals in Argentina, Brazil, Mexico, Peru, South Africa, Thailand and the United States who have sex with partners assigned male at birth.”
“With such remarkable outcomes across two Phase 3 studies, Lenacapavir has demonstrated the potential to transform the prevention of HIV and help to end the epidemic,” Daniel O’Day, chair and CEO of Gilead Sciences said in the announcement.
“Now that we have a comprehensive dataset across multiple study populations, Gilead will work urgently with regulatory, government, public health, and community partners to ensure that, if approved, we can deliver twice-yearly Lenacapavir for PrEP worldwide for all those who want or need it,” he said.
Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, called Lenacapavir a “miracle drug” based on the latest studies, saying the optimistic findings pave the way for the potential approval of the drug by the U.S. Food and Drug Administration in 2025.
“The goal now must be to ensure that people who have a reason to be on PrEP are able to access this miracle drug,” Schmid said in a Sept. 12 press release. “Thanks to the ACA [U.S. Affordable Care Act], insurers must cover PrEP without cost sharing as a preventive service,” he said.
“Insurers should not be given the choice to cover just daily oral PrEP, particularly given these remarkable results,” Schmid said in the release. “The Biden-Harris administration should immediately make that clear. To date, they have yet to do that for the first long-acting PrEP drug that new plans must cover,” he said.
Schmid, through the HIV+ Hepatitis Policy Institute, has helped to put together a coalition of national and local HIV/AIDS organizations advocating for full coverage of HIV treatment and prevention medication by health insurance companies.
A statement by Gilead says that if approved by regulatory agencies, “Lenacapavir for PrEP would be the first and only twice-yearly HIV prevention choice for people who need or want PrEP. The approval could transform the HIV prevention landscape for multiple populations in regions around the world and help end the epidemic.”
National
Thousands expected to participate in Gender Liberation March in D.C.
Participants will protest outside US Supreme Court, Heritage Foundation on Saturday
Thousands of people are expected to protest outside of the U.S. Supreme Court and the Heritage Foundation headquarters on Saturday as part of the first Gender Liberation March.
The march will unite abortion rights, transgender, LGBTQ, and feminist advocates to demand bodily autonomy and self-determination.
The Gender Liberation March follows the National Trans Liberation March that took place in D.C. in late August, and is organized by a collective of gender justice based groups that includes the organizers behind the Women’s Marches and the Brooklyn Liberation Marches. One of the core organizers, writer and activist Raquel Willis, explained the march will highlight assaults on abortion access and gender-affirming care by the Republican Party and right-wing groups as broader attacks on freedoms.
“The aim for us was really to bring together the energies of the fight for abortion access, IVF access, and reproductive justice with the fight for gender-affirming care, and this larger kind of queer and trans liberation,” Willis said. “All of our liberation is bound up in each other’s. And so if you think that the attacks on trans people’s access to health care don’t include you, you are grossly mistaken. We all deserve to make decisions about our bodies and our destinies.”
The march targets the Heritage Foundation, the far-right think tank behind Project 2025, a blueprint to overhaul the federal government and attack trans and abortion rights under a potential second Trump administration. Protesters will also march on the Supreme Court, which is set to hear U.S. v. Skrmetti, a case with wide-reaching implications for medical treatment of trans youth, in October.
“This Supreme Court case could set precedent to further erode the rights around accessing this life-saving medical care. And we know that there are ramifications of this case that could also go beyond young people, and that’s exactly what the right wing apparatus that are pushing these bans want,” Eliel Cruz, another core organizer, said.
According to the Human Rights Campaign, 70 anti-LGBTQ laws have been enacted this year so far, of which 15 ban gender-affirming care for trans youth.
The march will kick off at noon with an opening ceremony at Columbus Circle in front of Union Station. Trans rights icon Miss Major, and the actor and activist Elliot Page are among the scheduled speakers of the event. People from across the country are expected to turn out; buses are scheduled to bring participants to D.C. from at least nine cities, including as far away as Chattanooga, Tenn.
At 1 p.m. marchers will begin moving toward the Heritage Foundation and the Supreme Court, before returning to Columbus Circle at 3 p.m. for a rally and festival featuring a variety of activities, as well as performances by artists.
Banned books will be distributed for free, and a youth area will host a drag queen story hour along with arts and crafts. The LGBTQ health organization FOLX will have a table to connect attendees to its HRT fund, and a voter engagement area will offer information on registering and participating in the upcoming election. A memorial space will honor those lost to anti-trans and gender-based violence.
Cruz noted that the relentless ongoing attacks on the LGBTQ community and on fundamental rights can take a toll, and emphasized that the march offers a chance for people to come together.
“I’m really excited about putting our spin on this rally and making it a place that is both political, but also has levity and there’s fun and joy involved, because we can’t, you know, we can’t just only think about all the kind of massive amount of work and attacks that we’re facing, but also remember that together, we can get through it,” Cruz said.
Sign up for the march here. Bus tickets to the rally can be booked here.
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