National
White House endorses delayed ‘Don’t Ask’ repeal
Changes would take hold after Pentagon completes its study
President Barack Obama's administration endorsed Monday a path to repeal the law that prohibits gays, lesbians and bisexuals from serving openly in the U.S. armed forces. (Photo courtesy of DNC)
The White House has endorsed an approach to ending “Don’t Ask, Don’t Tell” whereby legislation Congress passes to repeal the law would not become effective until after the Pentagon completes its study on the issue.
In a letter Monday, Director of the Office of Management & Budget Peter Orzag writes that an amendment proposed by supporters of “Don’t Ask, Don’t Tell” repeal adheres to the Pentagon’s request to finish its study on the issue at the end of the year and therefore is supported by the Obama administration.
Orzag says that the Pentagon review would be “ideally” completed before Congress takes action on the issue, but notes the administration “understands that Congress has chosen to move forward with the legislation now and seeks the administration’s views on the proposed amendment.”
“Accordingly, the administration is of the view that the proposed amendment meets the concerns raised by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff,” Orzag says.
Orzag also says in the letter that he understands the amendment would ensure implementation of repeal is consistent with “standards of military readiness, effectiveness, unit cohesion, recruiting and retention.”
Additionally, the amendment would “guarantee” the Pentagon has in place necessary policies and procedures to implement an end to the law. The measure would allow for the “critical need” to allow members of the U.S. armed forces to share their “concerns, insights and suggestions” about implementing the repeal process, according to the letter.
“The administration therefore supports the proposed amendment,” Orzag writes.
Notably, the proposed amendment lacks non-discrimination language and would return authority on discharging LGBT service members to the Pentagon.
The OMB letter came in response to another letter earlier in the day from repeal supporters in Congress — Rep. Patrick Murphy (D-Pa.), Senate Armed Services Committee Chairman Carl Levin (D-Mich.) and Sen. Joseph Lieberman (I-Conn.) — who asked the administration to support their proposed amendment.
The lawmakers’ letter says that they have created a proposal that “puts a process in place to repeal ‘Don’t Ask, Don’t Tell,’ once the working group has completed its review” and the president and Pentagon leaders “certify the repeal can be achieved consistent” with the standards of the military.
“We appreciate the input that you and the Pentagon have provided throughout this process and request the administration’s official views on our legislative proposal,” the lawmakers write.
In the House, supporters of repeal were anticipating Murphy to introduce an amendment to the floor this week that would attach repeal of “Don’t Ask, Don’t Tell” to the fiscal year 2011 defense authorization bill.
Later this week, the Senate Armed Services Committee is scheduled to markup the legislation and expected to consider a similar amendment.
Supporters of repeal previously said they were a few votes shy of passing repeal out of the Senate Armed Services Committee. It wasn’t immediately clear whether the OMB letter would move additional committee members to favor repeal, but the letter could serve to bolster these efforts.
Advocacy groups hailed the OMB letter for outlining an administration-backed path to passing repeal this year.
In a statement, Human Rights Campaign President Joe Solmonese said Monday the new support from the administration means people rallying against “Don’t Ask, Don’t Tell” are “on the brink of historic action to both strengthen our military and respect the service of lesbian and gay troops.”
“Today’s announcement paves the path to fulfill the president’s call to end ‘Don’t Ask, Don’t Tell’ this year and puts us one step closer to removing this stain from the laws of our nation,” Solmonese said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, called the agreement a “dramatic breakthrough.”
“The path forward crafted by the president, Department of Defense officials, and repeal leaders on Capitol Hill respects the ongoing work by the Pentagon on how to implement open service and allows for a vote this week,” Sarvis said.
While Sarvis said support from the administration would help ensure a winning vote, he said “we are not there yet” and “votes still need to be worked and counted.”
Alex Nicholson, executive director of Servicemembers United, said Monday’s letter was “long awaited, much needed, and immensely helpful.”
“We have been making the case to White House staff for more than a year now that delayed implementation is realistic, politically viable, and the only way to get the defense community on board with repeal, and we are glad to see the community and now the administration and defense leadership finally rally around this option,” he said.
The endorsement from the administration prompted at least one social conservative group to take action. On Tuesday, the Family Research Council planned to hold a conference call with media to “release new national polling on homosexuals in the military” and discuss a new ad campaign “to protect the military.”
An announcement from Family Research Council says Tony Perkins, the organization’s president, would also discuss “grassroots outreach in the lead up to this week’s expected debate and votes in Congress.”
New York
Men convicted of murdering two men in NYC gay bar drugging scheme sentenced
One of the victims, John Umberger, was D.C. political consultant
A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.
NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.
John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.
The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.
Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources
Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.
The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.
“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.
“These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.
It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”
The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question.
A White House spokesperson couldn’t immediately be reached for comment on the lawsuit.
While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management.
The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.
Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.
“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.
“Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says.
Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”
Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”
Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.
“As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from the Washington Blade.
“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said.
The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”
It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”
The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society.
The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent
Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.
The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.
To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.
While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”
“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.
The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.
Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.
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