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Senate committee approves ‘Don’t Ask’ repeal

Bayh one of 16 senators voting for amendment

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The Senate Armed Services Committee took a significant step toward overturning “Don’t Ask, Don’t Tell” on Thursday by voting in favor of an amendment that would include repeal as part of defense budget legislation, according to sources.

On Thursday, various LGBT groups issued statements saying the Senate Armed Services Committee voted 16-12 in favor of attaching a repeal measure, sponsored by Sen. Joseph Lieberman (I-Conn.), as part of the fiscal year 2011 defense authorization bill.

The proceedings of the Senate Armed Services Committee were closed to the public and so couldn’t immediately be verified.

According to sources familiar with the deliberation, Sens. Ben Nelson (D-Neb.), Bill Nelson (D-Fla.), Robert Byrd (D-W.V.) voted in favor of the amendment. They had told media outlets earlier in the week they were planning to vote in the affirmative.

Sen. Scott Brown (R-Mass.) voted against the measure as he had earlier told the Boston Globe.

Sen. Evan Bayh (D-Ind.), who never made a public announcement indicating his position on the amendment, also voted in favor of the measure. Supporters of “Don’t Ask, Don’t Tell” repeal were expecting him to vote “yes.”

The sole Democrat who voted against the amendment was Sen. Jim Webb (D-Va.). He had earlier told media outlets he sees no need to preempt the “Don’t Ask, Don’t Tell” study currently at the Pentagon by voting in favor of repeal at this time.

Sen. Susan Collins (R-Maine) was the only Republican to vote in favor of repeal. Supporters of repeal were expecting her to be a “yes” vote on the amendment for some time.

While the Senate has taken action, the House has yet to attach similar language as part of its version of the defense budget legislation. The House is expected to take up the issue on the floor by Friday morning.

The legislative compromise adopted by the Senate committee would repeal “Don’t Ask, Don’t Tell” only after the Defense Department completes its study on the issue at the end of the year.

Additionally, the president and Pentagon leaders would have to certify that repeal won’t undermine military readiness — and 60 days would have to pass after this certification.

The measure also notably lacks the non-discrimination language for gay, lesbian and bisexual service members that was found in standalone versions of repeal legislation.

In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the Senate committee approved “a historic roadmap” to open service.

Still, he cautioned gay, lesbian and bisexual service members against being open about their sexual orientation while serving in the armed forces.

“It is important for all gay and lesbian, active-duty service members, including the reserves and the national guard, to know they’re at risk,” Sarvis said. “They must continue to serve in silence under the ‘Don’t Ask, Don’t Tell’ law that remains on the books.”

Sarvis said he’s hopeful Congress and the Pentagon would be able to finalize repeal by “no later than the first quarter of 2011.”

In another statement, Joe Solmonese, president of the Human Rights Campaign, said the importance of the Senate vote “cannot be overstated.”

“This is the beginning of the end of a shameful ban on open service by lesbian and gay troops that has weakened our national security,” Solmonese said. “The stars are aligning to finally restore honor and integrity to those who serve our country so selflessly.”

Solmonese said Americans recognize that the sexual orientation of service members doesn’t matter so long as they “get the job done.”

“Those who wish to preserve discrimination in our military will continue to fight this progress but we will be there every step of the way to ensure that qualified men and women are allowed to serve their country, regardless of sexual orientation,” he said.

Alex Nicholson, executive director of Servicemembers United, also commended the Senate committee for what he said was taking historic action to end “Don’t Ask, Don’t Tell.”

“This initial victory today in the Senate Armed Services Committee is an historic first step forward in the drive to finally get the onerous ‘Don’t Ask, Don’t Tell’ law off the books forever,” Nicholson said. “All of us who have served under ‘Don’t Ask, Don’t Tell’ and who have been impacted by this law will remember this day as the beginning of the end for ‘Don’t Ask, Don’t Tell.’”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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