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‘Don’t Ask’ repeal faces delay, uncertainty

Gates warns Congress not to act; protesters arrested for third time at White House

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Supporters of repealing ‘Don’t Ask, Don’t Tell’ have turned up the heat on President Obama in recent weeks. Sunday’s White House protest marked the third time in two months that activists were arrested while demanding action on repeal. (Washington Blade photo by Michael Key)

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.

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Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

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Erica Deuso (Photo courtesy of LPAC)

Erica Deuso will become the first openly transgender mayor in Pennsylvania.

Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.

Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.

Deuso released a statement following her election, noting that “history was made.”

“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”

According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.

Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.

“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.

Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.

Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.

“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”

Deuso will be sworn in as mayor on Jan. 7.

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U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

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Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.

Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.

She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.

The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.

Loewy began by explaining how the court got to where it is today.

“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”

Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.

“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”

That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.

“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”

She also noted that public opinion on same-sex marriage remains overwhelmingly positive.

“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”

“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”

A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.

“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”

Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.

“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”

She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.

“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”

Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.

“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”

“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.

When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.

“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”

Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:

“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.

“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”

He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.

“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”

He also addressed members of the LGBTQ community who might be feeling fearful at this moment:

“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”

And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.

“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”

Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.

“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.

“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.

“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”

Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:

“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.

President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”

The White House only recognizes two genders: male and female.

The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.

A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.

A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)

 “This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”

Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.

The Supreme Court ruling is here.

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