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Congress nears key votes on ‘Don’t Ask’ repeal

Levin seeks to overturn law as part of Defense budget process

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Former U.S. Air Force Staff Sgt. David Hall was among an estimated 350 people who visited Capitol Hill this week to lobby for the repeal of 'Don't Ask, Don't Tell.' (Washington Blade photo by Michael Key)

As crucial votes loom on “Don’t Ask, Don’t Tell” in the House and Senate, supporters of repeal are stepping up pressure on lawmakers to act this year.

During the week of May 24, the Senate Armed Services Committee is set to consider major defense budget legislation. Opponents of “Don’t Ask, Don’t Tell” are expecting Chairman Carl Levin (D-Mich.) and Sen. Joseph Lieberman (I-Conn.) to introduce a measure to overturn the law as part of the consideration of the defense authorization bill.

At around the same time, the House version of the defense authorization bill is expected to come to the floor. Those favoring repeal of “Don’t Ask, Don’t Tell” are anticipating that Rep. Patrick Murphy (D-Pa.) will offer an amendment that would end the law.

Whether sufficient votes exist in the Senate committee or on the House floor for repeal is unclear. On April 30, Defense Secretary Robert Gates issued a letter advising Congress to hold off on any repeal vote. Most observers said the letter would have a chilling effect on repeal efforts.

Rep. Barney Frank (D-Mass.) said he’s “not very” confident that there will be enough votes for passage because he doesn’t believe those seeking to end “Don’t Ask, Don’t Tell” are sufficiently lobbying lawmakers.

“If I felt that the community was lobbying the way it should be, I’d feel better, but everybody wants to be the armchair quarterback and not do the more boring work of calling up their representative,” Frank said. “I’m optimistic in general, but the key question is will people make the calls or not?”

To step up the pressure on Congress, a group of about 350 citizen lobbyists swarmed Capitol Hill on Tuesday to encourage lawmakers to repeal “Don’t Ask, Don’t Tell” as part of a veterans lobby day sponsored by the Human Rights Campaign and Servicemembers United.

The event, which was the most highly attended lobby day in HRC’s history and the largest lobby event on “Don’t Ask, Don’t Tell,” followed a White House visit Monday in which LGBT veterans urged administration officials to move on “Don’t Ask, Don’t Tell” repeal legislation.

Alex Nicholson, executive director of Servicemembers United, said the lobby day events were “enormously successful” in part because of the sheer numbers.

Nicholson estimated that about 90 percent of those who participated in the event were veterans, a fact he said had an impact on lawmakers sensitive to the concerns of those who have served in the military.

“They were people who actually had credibility talking on the issue and people who could actually engage military legislative assistants eye-to-eye and issue-to-issue,” he said.

As a result of the lobby day and other efforts, Nicholson said he saw potential for Sens. Bill Nelson (D-Fla.) and Scott Brown (R-Mass.) to move toward supporting repeal after previously being on the fence.

Still, the outcome of the votes in the House and Senate remained unclear. Most repeal supporters said they were more likely to find success in the House than the Senate.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he agreed with an assessment given to him by Murphy in the House that sufficient support exists for passage of “Don’t Ask, Don’t Tell” on the floor.

Still, Sarvis said “we’re a couple votes short” of repeal succeeding in the Senate Armed Services Committee, although he noted that it’s still possible to win more support in the time remaining before the committee markup.

Sarvis said a key to winning more support would be finding “a legislative compromise” that addresses the concerns Gates raised about holding off on repeal until the Pentagon completes its study on the issue.

LGBT lobbyists have been pushing for delayed implementation legislation — a bill that Congress would pass now and would take effect in 2011.

On Monday, Levin said he wanted to pursue repeal as part of the defense authorization process — if the votes are present — and that he favors the idea of passing legislation that wouldn’t take effect until later, according to Roll Call.

“What we ought to do is repeal it, but make the effective date after the report,” Levin was quoted as saying.

Additionally, Sarvis said President Obama needs to follow through on his campaign promise to repeal “Don’t Ask, Don’t Tell” and convince senators to move forward on the issue.

“The person that we need to hear from the most in these closing days is the president of the United States,” Sarvis said. “The president is in the best position to reconcile the concerns that Secretary Gates expressed with the desire of Chairman Levin and others in the next two weeks.”

Nicholson similarly said he believes repeal would pass in the House and that in the Senate Armed Services Committee a vote on “Don’t Ask, Don’t Tell” would be close. He also supported forcing a vote among Senate Armed Services Committee members even if the votes are lacking for repeal.

“I think we’re starting to consider the idea that if you called the bluff of those who say they’re leaning ‘no,’ that they may change their mind,” Nicholson said. “We’re talking about one or two votes. Calling their bluff and doing the vote anyway and proceeding to the outcome is potentially a legitimate tactic, now, too.”

It’s possible that the House version of the defense authorization bill would contain repeal language that the Senate bill lacks, meaning a conference committee would resolve the issue. Whatever the conference committee decides would be the final legislation that makes its way to Obama’s desk.

Asked about whether repeal could succeed this year if only the House votes in favor of ending “Don’t Ask, Don’t Tell,” Frank said supporters “ought to focus on trying to lobby members.”

“It bothers me that you and your readers and others are worrying about what they can’t affect in lieu of doing things that they can affect by calling members and lobbying,” he said.

Sarvis said “there’s no way of knowing” whether repeal is still possible through the conference committee if the House acts on “Don’t Ask, Don’t Tell” and the Senate is unable to pass repeal.

“If the House votes for full repeal and the Senate doesn’t, yes, the issue is alive and will be within the scope of the conference, but it will be far, far more difficult to keep in there,” Sarvis said.

Sarvis said “it’s urgent” that both the House and Senate act to repeal “Don’t Ask, Don’t Tell” as part of the defense authorization bills because that would provide repeal supporters the best conditions heading into conference committee.

Nicholson said “it’s not as likely” for repeal to succeed if one chamber of Congress votes in favor of it and another chamber doesn’t, but said such a situation would nonetheless provide a path to overturning “Don’t Ask, Don’t Tell.”

“People may be disappointed and pessimistic if it comes down to the conference committee and fighting it out there,” he said. “But Congressman Murphy and Sen. Levin are 100 percent committed to seeing action on repeal this year, and are going to fight for it even if it comes down to conference committee.”

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The White House

Trump tells Fox News he won the ‘gay vote’ — but polls tell a different story

Trump falsely claims LGBTQ support on Fox despite polling showing overwhelming opposition.

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President Donald Trump at the State of the Union in February 2025. (Washington Blade photo by Michael Key)

President Donald Trump claimed he won the “gay vote” in 2024, despite evidence showing otherwise.

While appearing by phone on Fox News’s panel show “The Five” on Thursday, Trump falsely claimed he performed particularly well among gay voters while discussing the ongoing war in Iran — a conflict he initiated without formal congressional approval.

“Now I think I did very well with the gay vote, OK? I even played the gay national anthem as my walk-off, OK?” Trump said on air.

“And I think it probably helped me. But I did great. No Republican’s ever gotten the gay vote like I did and I’m very proud of it, I think it’s great. Perhaps it’s because I’m from New York City, I don’t know…”

His claim contradicts 2024 polling from NBC News, which found that the GOP presidential ticket captured fewer than 1 in 5 LGBTQ male voters — a figure that may also include bisexual and transgender men. Trump’s support among LGBTQ female voters was even lower, at just 8%.

White LGBTQ voters favored Vice President Kamala Harris over Trump by a margin of 82% to 16%, while LGBTQ voters of color backed Harris by an even wider 91% to 5%.

Trump also used the appearance to criticize “Gays for Palestine,” saying: “Look at ‘Gays for Palestine’… they kill gays, they kill them instantly, they throw them off buildings, and I’m saying, ‘Who are the gays for Palestine?’”

He further pointed to his campaign’s use of the song “Y.M.C.A.” by the Village People — which he has repeatedly described as a “gay national anthem” — noting that it was frequently used as a walk-off song at rallies, as an indication that he and his campaign were supported by the gay community. The track, long associated with camp and hyper-masculine gay imagery, became a staple of Trump campaign events.

The Village People were later booked to perform at Turning Point USA’s inaugural ball celebrating Trump’s second inauguration. Lead singer Victor Willis previously criticized Trump’s use of the song dating back to 2020 and considered legal action to block it, but ultimately said there was “not much he can do about it.” He later acknowledged the renewed exposure was “beneficial” and “good for business,” boosting the song’s popularity and chart performance.

Despite Trump’s claims of strong support from gay voters, polling has consistently shown otherwise — even as several prominent gay men have held roles in or around his orbit, sometimes dubbed the “A-gays.” These include Richard Grenell, former executive director of the Kennedy Center and Special Presidential Envoy for Special Missions; Treasury Secretary Scott Bessent; Under Secretary of State Jacob Helberg; Department of Energy official Charles T. Moran; and longtime supporter Peter Thiel, co-founder and CEO of Palantir.

His efforts to portray himself as aligned with the gay community stand in conflict with policies advanced under his leadership. These include removing LGBTQ-related data from State Department reports, attempting to narrowly redefine gender identity in federal policy, restricting access to gender-affirming health care, and rolling back anti-discrimination protections. His administration also rescinded initiatives focused on LGBTQ health equity, data collection, and nondiscrimination in health care and education — moves advocates say contribute to stigma and worsen mental health outcomes.

Additionally, some HIV programs and community health centers have lost funding from the federal government after supporting initiatives inclusive of transgender people as a direct result of Trump-Vance policies.

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National

Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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