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.”
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.
The White House
Trump travels to Middle East countries with death penalty for homosexuality
President traveled to Saudi Arabia, Qatar, and United Arab Emirates
Homosexuality remains punishable by death in two of the three Middle East countries that President Donald Trump visited last week.
Saudi Arabia and Qatar are among the handful of countries in which anyone found guilty of engaging in consensual same-sex sexual relations could face the death penalty.
Trump was in Saudi Arabia from May 13-14. He traveled to Qatar on May 14.
“The law prohibited consensual same-sex sexual conduct between men but did not explicitly prohibit same-sex sexual relations between women,” notes the State Department’s 2023 human rights report, referring specifically to Qatar’s criminalization law. “The law was not systematically enforced. A man convicted of having consensual same-sex sexual relations could receive a sentence of seven years in prison. Under sharia, homosexuality was punishable by death; there were no reports of executions for this reason.”
Trump on May 15 arrived in Abu Dhabi, the capital of the United Arab Emirates.
The State Department’s 2023 human rights report notes the “penalty for individuals who engaged in ‘consensual sodomy with a man'” in the country “was a minimum prison sentence of six months if the individual’s partner or guardian filed a complaint.”
“There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct. LGBTQI+ identity, real or perceived, could be deemed an act against ‘decency or public morality,’ but there were no reports during the year of persons prosecuted under these provisions,” reads the report.
The report notes Emirati law also criminalizes “men who dressed as women or entered a place designated for women while ‘disguised’ as a woman.” Anyone found guilty could face up to a year in prison and a fine of up to 10,000 dirhams ($2,722.60.)
Trump returned to the U.S. on May 16.
The White House notes Trump during the trip secured more than $2 trillion “in investment agreements with Middle Eastern nations ($200 billion with the United Arab Emirates, $600 billion with Saudi Arabia, and $1.2 trillion with Qatar) for a more safe and prosperous future.”
Former President Joe Biden traveled to Saudi Arabia in 2022.
Saudi Arabia is scheduled to host the 2034 World Cup. The 2022 World Cup took place in Qatar.
State Department
Rubio mum on Hungary’s Pride ban
Lawmakers on April 30 urged secretary of state to condemn anti-LGBTQ bill, constitutional amendment
More than 20 members of Congress have urged Secretary of State Marco Rubio to publicly condemn a Hungarian law that bans Pride events.
California Congressman Mark Takano, a Democrat who co-chairs the Congressional Equality Caucus, and U.S. Rep. Bill Keating (D-Mass.), who is the ranking member on the House Foreign Affairs Committee’s Europe Subcommittee, spearheaded the letter that lawmakers sent to Rubio on April 30.
Hungarian lawmakers in March passed a bill that bans Pride events and allow authorities to use facial recognition technology to identify those who participate in them. MPs last month amended the Hungarian constitution to ban public LGBTQ events.
“As a NATO ally which hosts U.S. service members, we expect the Hungarian government to abide by certain values which underpin the historic U.S.-Hungary bilateral relationship,” reads the letter. “Unfortunately, this new legislation and constitutional amendment disproportionately and arbitrarily target sexual and gender minorities.”
Prime Minister Viktor Orbán’s government over the last decade has moved to curtail LGBTQ and intersex rights in Hungary.
A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.
An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.
MPs in 2023 approved the “snitch on your gay neighbor” bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the country’s second-largest bookstore chain, 12 million forints ($33,733.67), for selling copies of British author Alice Oseman’s “Heartstopper.”
Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungary’s anti-LGBTQ crackdown.
“Along with years of democratic backsliding in Hungary, it flies in the face of those values and the passage of this legislation deserves quick and decisive criticism and action in response by the Department of State,” reads the letter, referring to the Pride ban and constitutional amendment against public LGBTQ events. “Therefore, we strongly urge you to publicly condemn this legislation and constitutional change which targets the LGBTQ community and undermines the rights of Hungarians to freedom of expression and peaceful assembly.”
U.S. Reps. Pramila Jayapal (D-Wash.), Sarah McBride (D-Del.), Jim Costa (D-Calif.), James McGovern (D-Mass.), Gerry Connolly (D-Va.), Summer Lee (D-Pa.), Joaquin Castro (D-Texas), Julie Johnson (D-Texas), Ami Bera (D-Calif.), Mark Pocan (D-Wis.), Lloyd Doggett (D-Texas), Becca Balint (D-Vt.), Gabe Amo (D-R.I.), Ted Lieu (D-Calif.), Robert Garcia (D-Calif.), Dina Titus (D-Nev.), Raja Krishnamoorthi (D-Ill.), Jan Schakowsky (D-Ill.) and Mike Quigley (D-Ill.) and Del. Eleanor Holmes Norton (D-D.C.) signed the letter alongside Takano and Keating.
A State Department spokesperson on Wednesday declined to comment.
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Calendar: May 16-22
