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Key senator says hold off on ‘Don’t Ask’ repeal

Ben Nelson wants to wait, follow guidance from Gates

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Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn "Don't Ask, Don't Tell." (Photo courtesy of Nelson’s office)

Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn “Don’t Ask, Don’t Tell.” (Photo courtesy of Nelson’s office)

A key U.S. senator has told the Blade that he opposes repealing “Don’t Ask, Don’t Tell” at this time.

In a brief exchange on Capitol Hill, Sen. Ben Nelson (D-Neb.) said Tuesday he would vote against an effort next week to overturn the law. He said he wants to adhere to guidance from Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen on holding off on repeal.

Asked whether he would vote in favor of a repeal measure, Nelson replied, “No, I want to follow with the advice and the suggestions of Secretary of Defense Gates to have the study that is underway right now before we make that final decision — because it’s not a question of ‘whether,’ it’s a question of ‘how.’”

A vote on repealing “Don’t Ask, Don’t Tell” as part of major defense budget legislation could take place next week during the Senate Armed Services Committee markup of the fiscal year 2011 defense authorization bill. Markup proceedings are scheduled to begin May 26 and are closed to the public.

It remains unclear whether there are enough votes on the committee to make repeal part of the legislation. Mustering enough votes to repeal the statute could be a challenge for opponents of “Don’t Ask, Don’t Tell,” following Nelson’s comments.

Repeal efforts were complicated last month after Gates released a letter to Congress saying he would “strongly oppose” repeal before the Pentagon completes at year’s end its study on the issue. Since then, supporters of repeal — including Sen. Carl Levin (D-Mich.) — have advocated for a compromise in which Congress would vote now to repeal the law but delay implementation of repeal until 2011.

Asked whether he would be open to such a measure, Nelson appeared to be unaware that such an approach to “Don’t Ask, Don’t Tell” has been under consideration, but was reluctant to support the idea.

“I don’t know,” Nelson said. “I haven’t seen that legislation. I know there’s probably some support for that, but I think it’s been made pretty clear by Secretary Gates that we shouldn’t take any action until the study is completed, and that’s my position. That’s where I’m going to stay.”

Nelson’s statements came as a disappointment to people who had identified him as an uncommitted vote on “Don’t Ask, Don’t Tell” that could be moved in favor of repeal this year.

He was among six senators that LGBT organizations, including the Human Rights Campaign, had lobbied through a grassroots campaign to vote in favor of repeal. The other five are Sens. Evan Bayh (D-Ind.), Robert Byrd (D-W.Va.), Scott Brown (R-Mass.), Bill Nelson (D-Fla.), and Jim Webb (D-Va.).

Alex Nicholson, executive director of Servicemembers United, said Ben Nelson is only one of the six key senators and estimated that only two or three votes from those six are needed to advance repeal.

“If Sen. Nelson is entrenching himself that hard on that side of the vote, then I think he risks putting himself down on the wrong side of history,” Nicholson said. “That’s something he’s going to have to live with for the rest of his career, and that’s going to be part of his legacy.”

Nicholson said Nelson’s apparent unfamiliarity with delayed implementation legislation could mean that high-level discussions with him on moving forward with that plan hadn’t yet occurred.

‘Don’t Ask’ opponents push on

Even with Nelson representing a “no” vote on repeal during the committee vote, supporters of ending “Don’t Ask, Don’t Tell” are moving forward with plans for a vote next week during the committee markup.

Sen. Joseph Lieberman (I-Conn.), the sponsor of standalone repeal legislation in the Senate, told the Blade that supporters of repeal are “working hard” to find a way forward for passage in the committee.

“Obviously, we were set back somewhat from the letter by Secretary Gates, but we’re talking to every member of the committee,” he said. “We have some, I think, creative ideas about how to deal with … concerns that Secretary Gates expressed.”

Lieberman said he’s uncertain if the votes are there for passage, but noted that “it’s important to get this done this year.”

Sen. Mark Udall (D-Colo.), another member of the Senate Armed Services Committee and a strong proponent of repeal, said he doesn’t think anyone knows whether the votes are there in the committee for repeal, but he’s “feeling guardedly optimistic” about the prospects.

“It’s crucial that we take this opportunity to lift it,” he said. “There’s different ideas about how to best work with the Pentagon on this approach, but I still think you could study and repeal.”

Nicholson said he thinks supporters “have a really good shot” at getting the two or three votes necessary to win repeal during Senate markup next week.

“It’s really going to come down to some of the one-on-one conversations that Levin and Lieberman are having this week with their colleagues on the committee,” he said.

In the wake of the Gates letter, many repeal supporters see pushing forward with delayed implementation legislation as the optimal path for a successful vote on ending “Don’t Ask, Don’t Tell” this year.

Lieberman said supporters are looking at alternatives, including a bill “to enact repeal, but have it not be this year, to have it not be effective until either sometime next year” or until the Pentagon working group issues a certification of its study.

“I think Secretary Gates was really talking about he doesn’t want us to do this until the rank-and-file military has had a chance to be heard,” Lieberman said. “So we’re trying to find a way to take legislative action this year, but still respect the opinions of the military and maybe delay the implementation until sometime next year.”

Lieberman said a number of different ideas are being discussed among committee members, but delayed implementation legislation “seems to be the one that commands the most support.”

Also noting that delayed implementation could have traction is Udall, who said such a bill is “one of the ideas” being discussed.

“That still remains my preferred course,” he said. “In other words, you would make it very clear the law is repealed, and then you put in place the timeframe by which you implement the changes that are necessary.”

Despite this push and work toward a compromise, the six targeted members of the Senate Armed Services Committee have been reluctant to endorse repeal publicly, although none of these six have been as explicit as Ben Nelson in their opposition.

Sen. Jim Webb (D-Va.) has maintained on several occasions the importance of the Pentagon study as a means to inform Congress on how to approach repeal of “Don’t Ask, Don’t Tell.”

Asked this week whether he’s made a decision on how he’ll vote should an amendment come before him, Webb replied, “I think we need to respect the process that Secretary Gates and Adm. Mullen put in place.”

Webb had a similar response when asked whether his position would be any different for delayed implementation legislation.

“I think we should honor the process that they’ve put in place,” Webb said. “I think people should understand that it’s a pretty significant historical event in terms of what Adm. Mullen said during that hearing in February.”

The offices of Bill Nelson and Bayh sent statements to the Blade that were similarly non-committal in how the senators would vote. The statements were virtually identical to those the offices sent to the Blade last month.

Dan McLaughlin, spokesperson for Bill Nelson, said the senator is “inclined” to support repeal, but “wants to see Secretary Gates’ study on how it would impact the military.”

In a statement, Bayh said his “personal belief” is that people serving their country in the armed forces “ought to be able to serve it openly,” but noted that he wants military leaders to be able to speak up on this issue.

“President Obama is absolutely right to solicit the input and support of his top military commanders about the effects of repealing the ‘Don’t Ask, Don’t Tell’ policy,” he said. “I will make a final decision after receiving the input of our top commanders.”

Some of the targeted senators were staying mum this week on how they’d vote should an amendment come before them. Byrd’s office declined to comment in response to a Blade inquiry on the issue. Brown’s office didn’t respond to multiple requests for comment.

Obama MIA in repeal effort?

As supporters of repeal work to gather support, one notable absence among those lending a hand is President Barack Obama.

Repeal of “Don’t Ask, Don’t Tell” was one of Obama’s campaign promises, but a number of senators say the White House hasn’t contacted them to move them one way or the other on the issue.

In public statements on the “Don’t Ask, Don’t Tell” issue, the White House has consistently refrained from saying Obama supports attaching repeal as part of the defense authorization bill.

Asked whether the White House is being helpful in building support, Lieberman suggested the president could be playing a greater role.

“I mean, they’re obviously for this, so we need their help,” he said.

Nicholson said he didn’t know if the White House had been helpful in moving senators in favor of repeal, but noted that he hasn’t “seen any evidence of that, certainly.”

Each of the targeted senators to whom the Blade spoke said they had not heard from the White House or the Pentagon on the issue.

Asked whether the White House or the Pentagon had contacted him to influence his vote on “Don’t Ask, Don’t Tell,” Ben Nelson replied, “No, no.”

Jessica Smith, a Webb spokesperson, echoed those remarks in response to a Blade inquiry.

“As for the White House or the Pentagon contacting our office?” she said. “I don’t believe so.”

Similarly, McLaughlin said he doesn’t believe the White House or the Pentagon has contacted Bill Nelson to inform his vote on the issue.

“To my knowledge, neither the White House nor the Pentagon has recently contacted Bill about this issue,” McLaughlin said.

A White House spokesperson didn’t immediately respond to the Blade’s request for comment on why Obama hasn’t reached out to the senators.

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State Department

Transgender, nonbinary people file lawsuit against passport executive order

State Department banned from issuing passports with ‘X’ gender markers

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(Bigstock photo)

Seven transgender and nonbinary people on Feb. 7 filed a federal lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

Ashton Orr, Zaya Perysian, Sawyer Soe, Chastain Anderson, Drew Hall, Bella Boe, and Reid Solomon-Lane are the plaintiffs in the class action lawsuit the American Civil Liberties Union, the ACLU of Massachusetts, and the private law firm Covington & Burling LPP filed in U.S. District Court for the District of Massachusetts. The lawsuit names Trump and Secretary of State Marco Rubio as defendants.

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022.

Trump signed the executive order that overturned it shortly after he took office on Jan. 20. Rubio later directed State Department personnel to “suspend any application requesting an ‘X’ sex marker and do not take any further action pending additional guidance from the department.”  

“This guidance applies to all applications currently in progress and any future applications,” reads Rubio’s memo. “Guidance on existing passports containing an ‘X’ sex marker will come via other channels.”

The lawsuit says Trump’s executive order is an “abrupt, discriminatory, and dangerous reversal of settled United States passport policy.” It also concludes the new policy is “unlawful and unconstitutional.”

“It discriminates against individuals based on their sex and, as to some, their transgender status,” reads the lawsuit. “It is motivated by impermissible animus. It cannot be justified under any level of judicial scrutiny, and it wrongly seeks to erase the reality that transgender, intersex, and nonbinary people exist today as they always have.”

Solomon-Lane, who lives in North Adams, Mass., with his spouse and their three children, in an ACLU press release says he has “lived virtually my entire adult life as a man” and “everyone in my personal and professional life knows me as a man, and any stranger on the street who encountered me would view me as a man.”

“I thought that 18 years after transitioning, I would be able to live my life in safety and ease,” he said. “Now, as a married father of three, Trump’s executive order and the ensuing passport policy have threatened that life of safety and ease.”

“If my passport were to reflect a sex designation that is inconsistent with who I am, I would be forcibly outed every time I used my passport for travel or identification, causing potential risk to my safety and my family’s safety,” added Solomon-Lane.

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Federal Government

Education Department moves to end support for trans students

Mental health services among programs that are in jeopardy

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The U.S. Department of Education headquarters in D.C. (Photo courtesy of the GSA/Education Department)

An email sent to employees at the U.S. Department of Education on Friday explains that “programs, contracts, policies, outward-facing media, regulations, and internal practices” will be reviewed and cut in cases where they “fail to affirm the reality of biological sex.”

The move, which is of a piece with President Donald Trump’s executive orders restricting transgender rights, jeopardizes the future of initiatives at the agency like mental health services and support for students experiencing homelessness.

Along with external-facing work at the agency, the directive targets employee programs such as those administered by LGBTQ resource groups, in keeping with the Trump-Vance administration’s rollback of diversity, equity, and inclusion within the federal government.

In recent weeks, federal agencies had begun changing their documents, policies, and websites for purposes of compliance with the new administration’s first executive action targeting the trans community, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

For instance, the Education Department had removed a webpage offering tips for schools to better support homeless LGBTQ youth, noted ProPublica, which broke the news of the “sweeping” changes announced in the email to DOE staff.

According to the news service, the directive further explains the administration’s position that “The deliberate subjugation of women and girls by means of gender ideology — whether in intimate spaces, weaponized language, or American classrooms — negated the civil rights of biological females and fostered distrust of our federal institutions.”

A U.S. Senate committee hearing will be held Thursday for Linda McMahon, Trump’s nominee for education secretary, who has been criticized by LGBTQ advocacy groups. GLAAD, for instance, notes that she helped to launch and currently chairs the board of a conservative think tank that “has campaigned against policies that support transgender rights in education.”

NBC News reported on Tuesday that Trump planned to issue an executive order this week to abolish the Education Department altogether.

While the president and his conservative allies in and outside the administration have repeatedly expressed plans to disband the agency, doing so would require approval from Congress.

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State Department

Protesters demand US fully restore PEPFAR funding

Activists blocked intersection outside State Department on Thursday

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HIV/AIDS activists block an intersection outside the State Department on Feb. 6, 2025. They were demanding the Trump-Vance administration to fully restore PEPFAR funding. (Photo courtesy of Housing Works)

Dozens of HIV/AIDS activists on Thursday protested outside the State Department and demanded U.S. officials fully restore President’s Emergency Plan for AIDS Relief funding.

The activists — members of Housing Works, Health GAP, and the Treatment Action Group — blocked an intersection for an hour. Health GAP Executive Director Asia Russell told the Washington Blade that police did not make any arrests.

Secretary of State Marco Rubio on Jan. 24 directed State Department personnel to stop nearly all U.S. foreign aid spending for 90 days in response to an executive order that President Donald Trump signed after his inauguration. Rubio later issued a waiver that allows PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze.

The Blade on Wednesday reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding.

“PEPFAR is a program that has saved 26 million lives and changed the trajectory of the global HIV/AIDS epidemic,” said Housing Works CEO Charles King in a press release. “The recent freeze on its funding is not just a bureaucratic decision; it is a death sentence for millions who rely on these life-saving treatments. We cannot allow decades of progress to be undone. The U.S. must immediately reaffirm its commitment to global health and human dignity by restoring PEPFAR funding.” 

“We demand Secretary Rubio immediately reverse his deadly, illegal stop-work order, which has already disrupted life-saving HIV services worldwide,” added Russell. “Any waiver process is too little, too late.”

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