National
Despite compromise, advocates celebrate votes to repeal ‘Don’t Ask’
McCain pledges to derail ‘Don’t Ask’ momentum
Gay veterans are celebrating congressional action last week to repeal “Don’t Ask, Don’t Tell,” 17 years after Congress passed a law banning gays from serving openly in the U.S. military.
The House and Senate took separate actions that would lead to an end of the statute. Both chambers approved amendments repealing “Don’t Ask, Don’t Tell” as part of major defense budget legislation known as the fiscal year 2011 defense authorization bill.
On May 27, the House voted 234-194 on the floor in favor of an amendment sponsored by Rep. Patrick Murphy (D-Pa.). The next day, the chamber voted 229-186 in favor of passing the entire defense bill.
Five Republicans voted in the affirmative on the amendment: Reps. Judy Biggert (Ill.), Joseph Cao (La.), Charles Djou (Hawaii), Ron Paul (Texas) and Ileana Ros-Lehtinen (Fla.). Joining other Republicans to vote against the measure were 26 Democrats.
The Senate Armed Services Committee voted 16-12 in favor of an identical repeal measure sponsored by Sen. Joseph Lieberman (I-Conn.).
In that chamber, Sen. Susan Collins (R-Maine) was the only Republican to vote in favor of repeal. The sole Democrat who voted against the amendment was Sen. Jim Webb (D-Va.). He had earlier told media outlets that he sees no need to preempt the Pentagon’s “Don’t Ask, Don’t Tell” study by voting in favor of repeal at this time.
The legislative compromise adopted by both chambers of Congress would repeal “Don’t Ask, Don’t Tell” only after the Defense Department completes its study on the issue, due Dec. 1.
Additionally, President Barack Obama, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen would have to certify that repeal won’t undermine military readiness — and 60 days would have to pass after this certification before repeal would take effect.
The measure also notably lacks the non-discrimination language for gay, lesbian and bisexual service members that standalone repeal bills contained.
Even with the compromise, though, many gay former service members were delighted with Congress for taking action.
Mike Almy, a gay former Air Force communications officer who was discharged under “Don’t Ask, Don’t Tell” in 2006 and recently testified before the Senate on the issue, witnessed the vote in the House chamber.
“The whole floor and the gallery erupted with a cheer,” he said. “There were quite a few tears of joy and disbelief, including myself. I still get choked up when I think about it.”
Following the vote in the Senate Armed Services Committee, Almy said repeal supporters visited the office of Sen. Ben Nelson (D-Neb.) to thank him for his vote in favor of ending “Don’t Ask, Don’t Tell.”
Nelson told the Blade last month that he wouldn’t vote in favor of a measure repealing “Don’t Ask, Don’t Tell.” But after Sen. Joseph Lieberman (I-Conn.) unveiled his compromise legislation, Nelson signaled he would vote in favor of the measure.
Almy said Nelson’s staffers told repeal supporters that they received 40,000 phone calls in Nebraska for repeal and 1,100 against.
“I was speechless,” Almy said. “I was completely dumbfounded there was that much support in Nebraska for repeal. It was just an incredible week overall.”
Retired Navy Capt. Joan Darrah, a lesbian who retired from service in 2002 because of “Don’t Ask, Don’t Tell,” also said she was pleased with Congress, calling the votes “a tremendous effort and a great result.”
But Darrah, who lives in Alexandria, Va., said she’s “distressed” about Webb’s vote against repeal.
“I’ve met and corresponded with Sen. Webb many times and I’m disappointed,” she said.
Darrah said she’s willing to live with the compromise, though, and didn’t think Mullen would delay certification of repeal once the Pentagon study is complete.
“This approach that they’ve come up with allows the study to conclude — and the study is supposed to be how to implement it, not if we should,” she said. “I think that this is an excellent compromise. We need the Senate to vote on it and then get on with getting rid of this, frankly, un-American and discriminatory law.”
Also expressing excitement about the congressional votes was a gay man from Chesapeake, Va. The active duty Navy sailor, who served in Iraq and Afghanistan, spoke to the Blade on the condition of anonymity to avoid to being outed under “Don’t Ask, Don’t Tell.”
He called the action from Congress “long overdue” and said “it’s been a rough hell” serving in the military for seven of the 17 years since “Don’t Ask, Don’t Tell” was enacted.
He said he’s willing to accept the compromise advanced by Congress because “we’re standing on the right side of history” and didn’t think Obama, Gates or Mullen would delay certification of repeal.
“Adm. Mullen said it best — men and women are serving in an institution where integrity is key, but we’re asking them — asking us — to hide who we are,” said the man. “I don’t think we’ll have any problem at all.”
Following the vote, Obama issued a statement on the “Don’t Ask, Don’t Tell” action. The White House previously said it would support the compromise legislation because it allows the Pentagon to complete its study on the issue.
Obama said he was “pleased” with the outcome while stressing the importance of the Pentagon’s “Don’t Ask, Don’t Tell” study due at year’s end.
“I have long advocated that we repeal ‘Don’t Ask Don’t Tell,’ and I am pleased that both the House of Representatives and the Senate Armed Services Committee took important bipartisan steps toward repeal tonight,” Obama said.
The president said the Pentagon’s review was “key to successful repeal” and that he was grateful the amendments approved by Congress “will ensure that the Department of Defense can complete that comprehensive review that will allow our military and their families the opportunity to inform and shape the implementation process.”
Hurdles remain in repeal process
Even with Congress taking action to end “Don’t Ask, Don’t Tell,” the legislation approved by the House and the Senate committee still has to make its way to the president’s desk and win his signature before it’s enacted.
And a number of obstacles could prevent the bill from reaching the White House or being signed into law. However, supporters of repeal are saying these roadblocks are less numerous than obstacles before the congressional votes on “Don’t Ask, Don’t Tell.”
Alex Nicholson, executive director of Servicemembers United, said the legislation didn’t “have a lot” of possible roadblocks preventing it from being signed by the president.
Still, one problem that supporters of repeal could face is a filibuster of the defense authorization bill when it reaches the Senate floor.
Sen. John McCain (R-Ariz.), ranking Republican on the Senate Armed Services Committee and chief opponent of repeal in the Senate, had pledged to find the 60 votes in the Senate necessary to block the bill from moving forward.
Roll Call newspaper reported May 27 that McCain said he’ll “without a doubt” support a filibuster if the bill goes to the floor with repeal language.
“I’ll do everything in my power,” McCain was quoted as saying. “I’m going to do everything I can to support the men and women of the military and to fight what is clearly a political agenda.”
But mustering 60 votes to filibuster the defense bill could prove a challenge for McCain.
Two senators who voted against the inclusion of “Don’t Ask, Don’t Tell” repeal language in the defense bill — Jim Webb (D-Va.) and Scott Brown (R-Mass.) — later voted in favor of reporting out of committee the defense bill as a whole. Their votes could be seen as signs they wouldn’t support filibustering the legislation on the floor.
Nicholson said he believes Senate Majority Leader Harry Reid (D-Nev.) has the votes to shut down McCain’s filibuster threat on the bill, but added it’s “never a guaranteed thing.”
“I personally think Jim Webb and Scott Brown’s votes are still a little volatile,” Nicholson said. “While they voted to report the bill out of committee, I don’t know that they’re solid allies on this. If McCain figures out a way to try to block this with a filibuster, I wouldn’t count Brown and Webb in our camp 100 percent.”
During a press conference last week, Senate Armed Services Committee Chairman Carl Levin (D-Mich.), hailed as a champion of repeal in the Senate, dismissed the chances of a successful filibuster on the defense authorization bill.
“I think it’s hard to filibuster a defense bill,” Levin said. “There’s so much in here for our troops. The fact that there’s one provision in here that some people don’t like — it seems to me [that] would not be [a] sufficient deal for 41 senators to filibuster a defense bill.”
Levin said he wants to bring the legislation before the full Senate sometime before the August recess.
Nicholson said another threat on the Senate floor could be a strike-and-replace amendment modifying the “Don’t Ask, Don’t Tell” language, such as one that changes the scope of the Pentagon study on the issue.
Conservatives have called for legislation that reconfigures the study so that it would focus on whether repeal of “Don’t Ask, Don’t Tell” would have a significant impact on improving military readiness.
“Something like that could be very appealing, especially if it’s rather moderate in nature,” Nicholson said.
Making the language different in both bills would mean the differences would have to be hashed out by conference committee, which could jeopardize any repeal provision being in the final bill.
An unrelated issue that could preclude Obama from signing the defense bill is funding for an alternate engine program for a next generation military aircraft known as the Joint Strike Fighter.
The House version of the legislation authorizes $485 million in funds for the second engine for the aircraft. Last week, an amendment failed in the House that would have stripped the funding from the legislation. The Senate committee’s version of the legislation authorizes no funding for the program.
In a statement, Obama spoke out against the funds for the alternate engine program in a Statement of Administration Policy on the defense bill as a whole. He subsequently warned Congress he would veto the legislation if it reaches his desk with such funding.
“As the Statement of Administration Policy made clear, our military does not want or need these programs being pushed by the Congress, and should Congress ignore this fact, I will veto any such legislation so that it can be returned to me without those provisions,” Obama said.
The issue of funding for the alternate engine program has perennially been a point of contention between Congress and the White House. According to Reuters, 2010 marks the fourth consecutive year in which the Pentagon has voiced concern about the program.
Nicholson said he didn’t know if the veto threat was “too serious of a problem,” but noted it’s something supporters of repeal should monitor.
He said repeal supporters could either push Congress to take out funding for the alternate engine program or lobby Obama not to veto the bill over the funding.
“In the end, I don’t think that’s going to be a big problem,” Nicholson said. “Even if he did veto it and it went back, I feel certain with the majorities by which we won the House and the way it’s aligned in the Senate, I don’t really fear that the ‘Don’t Ask, Don’t Tell’ language will be threatened or in play.”
Levin, a supporter of funding for the alternate engine program, also said during the press conference last week that Congress and the administration would find a way to work through the disagreement on the issue.
“There’s all kinds of items in this bill,” he said. “It’s difficult for me to believe the president would veto an entire bill over just one provision.”
Erica Deuso will become the first openly transgender mayor in Pennsylvania.
Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.
Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.
Deuso released a statement following her election, noting that “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.
Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.
“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.
Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.
Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.
“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.
Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.
She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.
The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.
Loewy began by explaining how the court got to where it is today.
“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”
Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”
“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”
A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.
“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”
Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.
“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”
Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.
“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”
“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.
When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.
“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”
He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”
Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.
“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.
“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.
“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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