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Mission accomplished or another setback?

‘Don’t Ask, Don’t Tell’ compromise draws mixed reactions

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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 by Pete Souza, courtesy of White House))

The legislative compromise that “Don’t Ask, Don’t Tell” repeal supporters in Congress unveiled this week has inspired mixed reactions and led LGBT leaders to advocate for its passage even as some expressed disappointment over its shortcomings.

Among those expressing displeasure was Lt. Dan Choi, a gay U.S. Army infantry soldier who was arrested twice for chaining himself to the White House fence in protest of “Don’t Ask, Don’t Tell.”

In an interview with the Blade on Monday, Choi said the proposal requires LGBT people to compromise themselves without getting much in return.

“In a compromise, it’s insinuated that both sides have given something, and I don’t see that,” he said. “So it’s too generous to call it that. It’s a delay and it’s asking us to further put our political agenda before the needs of the soldiers, and that’s who’s getting compromised.”

Despite his disappointment in the compromise language, Choi said he didn’t want the measure to fail this week when it came before Congress. He noted that “it’s only one step” in the path for non-discrimination in the U.S. military and people should keep fighting.

The measure in the Senate was made public Monday by Sen. Joseph Lieberman (I-Conn.), the sponsor of standalone legislation for repeal in the Senate. On Tuesday, Rep. Patrick Murphy (D-Pa.), champion of standalone repeal legislation in the House, unveiled an identically worded companion bill.

The Senate Armed Services Committee and the full House were expected to vote on the “Don’t Ask, Don’t Tell” measures this week during consideration of Pentagon budget legislation known as the fiscal year 2011 defense authorization bill. Neither vote occurred before Blade deadline.

The measures presented by Lieberman and Murphy would repeal the “Don’t Ask, Don’t Tell” statute mandating that openly gay, lesbian and bisexual people be discharged from the U.S. armed forces.

However, the law would only be repealed after the Pentagon completes its study — due Dec. 1 — on how to implement repeal in the U.S. military.

Further, President Barack Obama, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen would have to certify that the U.S. military is ready for the transition and that the change “is consistent with the standards of military readiness, military effectiveness, unit cohesion and recruiting and retention.”

The legislation doesn’t give a timeline when the president, the defense secretary and the chairman of the Joint Chiefs of Staff would have to issue the certification. On Monday, the Associated Press reported that meeting those conditions for repeal would allow the Pentagon “perhaps even years” to prepare for repeal.

Notably, the legislation also lacks non-discrimination language and would return authority on discharging LGBT service members to the Pentagon.

Choi said the provisions in the legislation are “essentially compromising the integrity of the soldiers until a time to be determined” and compared the lack of a deadline for certification to a military commander issuing an order without a timeline.

“It’s devastating to the soldiers who don’t know and it leaves a lot of questions out there,” Choi said. “My question back to the president is how long are we going to force our soldiers to lie? Nobody can answer the question when.”

But Choi said “what bothers” him the most is the absence of the non-discrimination language that was contained in the standalone version of the bill.

“I thought the most heinous part of ‘Don’t Ask, Don’t Tell’ was that it enforced discrimination, and now it just says that’s altogether not as important,” Choi said. “I think it’s within everybody’s mandate to get rid of discrimination where it exists.”

Choi said as a result of the compromise, LGBT soldiers could be subject to a policy that’s “turbulent and precarious.”

Also expressing disappointment about the lack of non-discrimination language was Alex Nicholson, executive director of Servicemembers United, who said removal of the non-discrimination language was “unnecessary” to get more support for repeal.

“I think we would have been in the same position had we not made three concessions and only made two,” he said. “Other minority groups have not received statutory non-discrimination protection in the military — this would have been something extra — but it was something we were on track to secure.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s not sure who initiated the idea of omitting non-discrimination language, but said those supporting repeal thought such a move would improve its chances of passage.

“It’s not anything that SLDN volunteered to give up,” Sarvis said. “I think at the end of the day, we all realized that we would have to live with this new compromise.”

The idea of removing non-discrimination language and returning authority on discharges to the Pentagon was advanced previously by the Palm Center, a think tank on gays in the military. Earlier this month, the Blade reported that the Palm Center had been asking other LGBT groups to support such a move.

But Aaron Belkin, director of the Palm Center, said he didn’t know why the non-discrimination language was removed and noted that Palm wasn’t active in pushing for such a move as part of the compromise measure.

“This was news to me when I was told,” he said. “I was actually in bed when I was told and I promise you we had nothing to do with it.”

Still, Belkin said passing legislation with non-discrimination language is “not politically realistic” and the compromise measure advanced earlier this week is “what we can get.”

But Nicholson said the Palm Center pushed hard to have the non-discrimination language removed from the legislation, noting recent reports in which Belkin advocated the proposal.

Nicholson said Belkin was responsible for Saturday’s opinion piece in the Washington Post in which former Chairman of the Joint Chiefs of Staff Gen. John Shalikashvili advocated for a return of authority to the Pentagon.

“There’s been no secret about that fact that the Palm Center has lobbied hard to take out the non-discrimination language, including the [Shalikashvili] op-ed and several other pieces of media that the Palm Center has done,” Nicholson said.

Compromise brought White House support

While the compromise fell short of what repeal supporters initially sought, the conditions set forth in the proposal brought support from the White House, which opponents of “Don’t Ask, Don’t Tell” had long sought.

In a letter published Monday, Peter Orzag, director of the Office of Management & Budget, writes the repeal measure 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.”

In the letter, Orzag says he understands the amendment would ensure implementation of repeal is consistent with “standards of military readiness, effectiveness, unit cohesion, recruiting and retention.”

“The administration therefore supports the proposed amendment,” Orzag writes.

Geoff Morrell, a Pentagon spokesperson, issued a statement Tuesday saying Gates supports the measure, although he still believes Congress should hold off on tackling the issue until after the Pentagon completes its study.

“Secretary Gates continues to believe that ideally the [Defense Department] review should be completed before there is any legislation to repeal the ‘Don’t Ask, Don’t Tell’ law,” he said. “With Congress having indicated that is not possible, the secretary can accept the language in the proposed amendment.”

Having earned support from the administration, Sarvis said the amendment is “a path to repeal” and predicted that its passage could lead to open service “by the end of the first quarter of next year.”

After the review is complete and certification happens, Sarvis said the Pentagon “would then be free” to implement regulations for open service and Obama could issue an executive order for non-discrimination in the U.S. military.

“In fact, all of the federal policies of non-discrimination have been issued by executive order since 1948,” Sarvis said, referring to the order that President Truman issued to end racial segregation in the armed forces.

Sarvis said he didn’t think a future administration would tamper with such an executive order or “try to tinker with this and make it a political football.”

“For instance, the four executive orders that I’ve referred to since 1948 have not been undone by new administrations,” Sarvis said. “I think that if the president issues an executive order after ‘Don’t Ask, Don’t Tell’ is eliminated — I don’t see a new Congress or a new administration trying to undo an executive order.”

But Choi said he doesn’t want supporters of “Don’t Ask, Don’t Tell” repeal mistaking the Orzag letter in support of the proposal as Obama taking action on the issue. He noted the president could have transmitted repeal language to Congress for the defense budget legislation.

“Obviously, if he would have put the defense authorization bill language through to include the repeal legislation, then we wouldn’t be in this situation where he’s trying to get us to celebrate a win,” Choi said.

To follow-up on his earlier arrests at the White House and put more pressure on the president, Choi said he plans to take part in new acts of civil disobedience to draw attention to the issue of LGBT service members serving openly in the U.S. military.

“I not only plan to, but I encourage everybody else to,” Choi said. “The fact of the matter is so long as telling the truth is considered civil disobedience, we need to be committing civil disobedience every single day.”

Mission accomplished?

Several major LGBT organizations issued statements this week praising the “Don’t Ask, Don’t Tell” compromise shortly after it was announced.

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.

Nicholson of Servicemembers United said in a statement that Monday’s letter was “long awaited, much needed, and immensely helpful.”

Choi said the organizations apparently had their statements “all set up” to celebrate the compromise regardless of the deal’s content.

“Just from my military perspective, it seems very much like they’re putting a ‘mission accomplished’ banner on top of a carrier, and saying our part is done and we have fulfilled our mission,” Choi said. “For people to revel in this kind of celebration instead of encouraging people to demand the fullness of repeal of ‘Don’t Ask, Don’t Tell’ is certainly a misstep.”

Other LGBT groups that advocate for “Don’t Ask, Don’t Tell” repeal as one issue in their portfolios indicated support for the compromise measure, although they acknowledged some shortcomings.

In a statement to the Blade, Rea Carey, executive director of the National Gay & Lesbian Task Force, said her organization was “encouraged” that Congress and the administration was “taking a step” to address the legal discrimination of “Don’t Ask, Don’t Tell.”

“This presents a path that could end in men and women being able to serve openly, honestly and to great benefit of our country, but it falls short of providing clear assurances of protection and a specific timeline for implementation,” she said. “The important action this week is to ensure passage of this step toward full repeal.”

In another statement, Kate Kendell, executive director of the National Center for Lesbian Rights, offered a similarly lukewarm statement on the compromise measure.

“The amendment and compromise fall short of an outright repeal, which was what we had all been hoping for,” she said. “While we are cautiously optimistic that this agreement will lead to a full repeal, it is not yet time to celebrate the end of this appalling and shameful law.”

Among the organizations to strongly support the White House’s endorsement of the compromise was SLDN. In a statement, Sarvis called the agreement a “dramatic breakthrough.”

In response to Choi’s criticism of the statements of support for reaching an agreement with the White House, Sarvis said he respects Choi’s service and commitment to overturning “Don’t Ask, Don’t Tell.”

“His view of the legislative process and the strategy is not a view that I share,” Sarvis said. “On this one, in terms of legislative strategy and timing, I have a different view and my view is I want to get what’s realistic and I want to get something that will ensure that service members can serve openly as soon as possible.”

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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