Politics
Obama administration seeks stay on 'Don't Ask' litigation
The Obama administration is asking a federal court to hold off on a legal challenge to “Don’t Ask, Don’t Tell” until Congress completes legislative action on the issue this year.
In a reply brief issued Wednesday in the case of Log Cabin v. United States, the Justice Department argues the U.S. District Court of Central California should defer adjudicating the case in light of recent votes in the House and Senate on measures that would lead to repeal of “Don’t Ask, Don’t Tell.”
The pending litigation, initially filed by Log Cabin Republicans in 2004, seeks to overturn “Don’t Ask, Don’t Tell” on the grounds that it violates the freedom of speech rights of gay, lesbian and bisexual service members.
The Justice Department brief that was made public Wednesday comes after U.S. District Judge Virginia Phillips ruled late last month to deny the government’s call for summary judgment in the case based on plaintiff’s lack of standing.
Download a copy of the Justice Department’s reply brief here. The deadline for the plaintiffs’ response to the brief is June 23.
In the brief, the Obama administration contends that “principles of constitutional avoidance and respect for the coequal branches of government” necessitate that the court should support a stay in proceedings until “completion of the process already undertaken by the political branches.”
“Accordingly, the Court should await the outcome of the process in which the political branches are now engaged before deciding the constitutional question presented,” the brief states.
Late last month, the House and the Senate Armed Services Committee in two separate actions voted in favor of attaching “Don’t Ask, Don’t Tell” repeal language to the fiscal year 2011 defense authorization bill.
The Justice Department argues the proceedings on the case should stop until Congress completes this action because, among other reasons, courts “should not decide constitutional issues if they can reasonably avoid doing so.”
Further, the government argues that holding off on adjudication is in the best interest of all parties involved because it would save the court from “expending considerable time and resources on pretrial motions, trial preparation, trial, and any potential post-trial briefing concerning the constitutionality of a statute that may be repealed.”
Doug NeJaime, a gay law professor at Loyola Law School, said his disagrees with the Justice Department’s argument to hold off on proceedings because the “Don’t Ask, Don’t Tell” repeal measure under consideration in Congress is a compromise that “still leaves some uncertainty.”
The measure that lawmakers have put forward wouldn’t take effect until after the Defense Department completes its study on the issue at the end of the year and the president, defense secretary and chairman of the Joint Chiefs of Staff certify that the U.S. military is ready for repeal.
“And given the way in which the [‘Don’t Ask, Don’t Tell]’ repeal has crawled up to this point, I don’t think it makes sense for a court to stay the case pending legislative action,” NeJaime said. “The constitutional questions are ripe for consideration.”
The reply brief also responds to a request from the court to address the potential application of a heightened standard of review set forth in the 2008 Ninth Circuit of Appeals ruling in Witt v. Air Force, which was related to “Don’t Ask, Don’t Tell.”
The Witt decision, which was construed to only apply to the plaintiff, determined the Pentagon needed to prove lesbian Maj. Margaret Witt’s sexual orientation was a detriment to unit cohesion in order to discharge her from the Air Force.
The Justice Department argues that the Witt standard doesn’t apply in the Log Cabin case because Witt was an as-applied challenge while Log Cabin is a facial challenge.
In a facial challenge, the plaintiff alleges that a statute is always and under all circumstances unconstitutional and therefore void. But in an as-applied challenge, a plaintiff contends that a statute may in part be unconstitutional in redress of a specific injury.
The Justice Department argues that the U.S. District Court of Central California already determined last year that the Witt standard — as an as-applied case — doesn’t apply to the Log Cabin litigation.
“There is no basis to reconsider that ruling, which was and remains correct,” the brief states.
However, should the court decide to evaluate “Don’t Ask, Don’t Tell” under a more heightened review, the Justice Department says the court already rejected a legal challenge with this standard of scrutiny against the policy for gays in the military in the 1980 case of Beller v. Middendorf.
“Because Witt does not disturb the analysis employed in Beller with respect to facial challenges, the Beller standard, not the as-applied Witt standard, is binding,” the brief states.
The Justice Department further contends it’s entitled to summary judgment in its favor because Log Cabin’s challenge “would fail under the Beller analysis.”
NeJaime said he also disagrees with Justice Department’s determination that the Beller case applies to Log Cabin’s litigation and not Witt.
Even though the Witt is an as-applied challenge, NeJaime said that doesn’t mean “the court’s analysis in Witt, and its application of a heightened standard of review, is irrelevant to the pending facial challenge.”
NeJaime noted the Witt court drew on protections afforded to LGBT people in 2003 U.S. Supreme Court case of Lawrence v. Texas, which struck down state sodomy laws throughout the country.
He said the application of Lawrence in the Witt case is “certainly relevant” in Log Cabin’s facial challenge and “counsels against applying rational basis review, as the government urges the court to do.”
“And, furthermore, I think it casts doubt on the government’s argument that Beller, and not Witt, should govern this case,” NeJaime said. “The pre-Lawrence Beller decision must certainly be re-evaluated in light of the Lawrence decision.”
2026 Midterm Elections
HRC endorses Va. ballot initiative to redraw congressional districts
Referendum to take place April 21
The Human Rights Campaign, the nation’s largest LGBTQ civil rights organization, has endorsed a Virginia ballot initiative that would allow the state to redraw its congressional districts this year, ahead of the 2030 Census.
Currently, Virginia’s Redistricting Commission — a legislative body made up of eight legislators and eight citizens, evenly split between Republicans and Democrats — is responsible for redrawing congressional districts every 10 years following the Census. The proposed amendment would temporarily shift that authority to the Virginia General Assembly through 2030, before returning it to the commission in 2031.
Supporters say the push for the amendment comes in response to anti-democratic moves by several Republican-led state legislatures following demands from President Donald Trump, which have resulted in newly gerrymandered congressional maps that advocates argue disenfranchise pro-equality voters.
Under the proposed map in Virginia, Democrats could gain as many as four of the five seats currently held by Republicans in this fall’s midterm elections, when control of the narrowly divided House is up for grabs.
Six states — including Texas, Missouri, and North Carolina on the GOP side — enacted new maps last year at Trump’s behest. The most significant Democratic counter-effort so far has come from California.
HRC President Kelley Robinson issued a statement backing the measure, encouraging Virginia voters who support democracy to vote “yes,” saying it would ensure “the will of the people is heard.”
“Voters should choose their leaders, not the other way around. But anti-equality lawmakers around the country, in service to Donald Trump’s assaults on democracy, are trying to undermine our elections and engineer their preferred outcome in the midterms,” Robinson said. “The American people are ready to take Congress back from the anti-equality, anti-freedom politicians that have been abusing their power to hurt all our communities and bend government to the will of a wannabe king.”
U.S. Rep. Don Beyer, who represents Virginia’s 8th Congressional District that encompasses much of Washington’s suburbs, including Alexandria, Arlington, Falls Church, and parts of eastern Fairfax County — has also voiced support for the measure. He has called Trump’s attempts to influence elections ahead of the November midterms a “betrayal of our democracy,” emphasizing that while the fight is ongoing, this effort is a step toward correcting the situation.
“It’s not a done deal by any means,” Beyer said in an op-ed for the Cardinal News. “We have to effectively make the case that even though this seems unfair in Virginia, it’s totally fair for America, for those of us who believe that taking back the House is the most significant thing we can do to stop Donald Trump.”
Virginia Gov. Abigail Spanberger is another staunch supporter of the amendment, arguing that it would, through bipartisan means, help counterbalance Trump’s efforts in what remains an uphill battle.
“As early voting begins tomorrow on Virginia’s redistricting amendment, voters should know that Virginia’s approach is different. It is temporary, directly responsive to what other states decide to do, and — most importantly — it preserves Virginia’s bipartisan redistricting process for the future,” the first female governor of the state said in a statement. “I supported the formation of Virginia’s bipartisan redistricting commission in 2020, and that support has not changed. What has changed is what we’re seeing in states across the country — and a president who says he is ‘entitled’ to more Republican seats before this year’s midterm elections.”
“Virginians have the opportunity to take action in response to this extraordinary moment in history,” she added. “That’s why, as a Virginia voter, I’m voting in favor of this amendment.”
Virginians for Fair Elections, the group responsible for marketing the initiative, has raised nearly $50 million dollars, according to the Virginia Public Access Project, a nonpartisan organization focusing on sharing public documents related to financial matters of the state. The ads notably feature former President Barack Obama, who supports the measure and has hailed it as a way to “level the playing field.”
In a recent Politico article, a person close to the White House, granted anonymity, suggested the outlook for Trump’s governing majority is weakening — particularly following the unraveling of the Iran war — underscoring why the administration is pushing Republican-led states to maximize their advantage ahead of the midterms.
“This war in Iran almost cements the fact that we lose the midterms in November — the Senate and House,” the person said.
According to The Economist, Trump holds a 37 percent approval rating, with 56 percent of respondents disapproving of his handling of the presidency.
This is not the first time Virginia has held a special election for a statewide ballot initiative. Most recently, in 1956, voters approved a measure that led to the use of public funds to provide tuition grants for students attending nonsectarian private schools.
Early voting is already underway in the Old Dominion, with Election Day set for April 21.
Politics
Trump’s war threats trigger rare 25th Amendment discussion
President threatened to destroy Iranian civilization in Truth Social post
Following multiple brazen Truth Social posts this week related to the ongoing war with Iran — one which he said he could wipe out “a whole civilization,” — Democrats are seizing the opportunity to gain momentum in ousting President Donald Trump from office.
As the war with Iran continues to unfold, Trump appears increasingly frustrated — and willing — to use any means necessary to achieve his goals of ending the country’s nuclear capabilities, destroying its military, and ushering in regime change. So far, none of these goals have been met. As his frustration grows, so do calls to invoke a never-before-used safeguard for the nation—the 25th Amendment.
“A whole civilization will die tonight, never to be brought back again,” Trump posted on Truth Social on Tuesday morning. “I don’t want that to happen, but it probably will.”
This came only days after Trump posted a now-deleted, expletive-filled demand for the country to reopen the Strait of Hormuz on Easter Sunday, saying, “Open the Fuckin’ Strait, you crazy bastards, or you’ll be living in Hell.” On the same day, Trump told The Hill he would not rule out sending ground troops. And he told Fox News Sunday that he’s “considering blowing everything up and taking over the oil” if Iran doesn’t accept his deal.
The president then set a new deadline of 8 p.m. ET on Tuesday for Iran to reach a deal with the U.S., marking yet another extension, which did lead to a two-week ceasefire.
Since the president’s tirade, Democratic legislators in federal office have condemned his words, while Republicans are quietly standing behind him. Former Trump allies are among the loudest voices advocating for invoking the 25th Amendment, as some in international government organizations have sharply called Trump’s threats illegal.
“If there’s an attack on clearly civilian infrastructure, that is not allowed under international humanitarian law,” Stéphane Dujarric, spokesman for the United Nations secretary-general, said last week.
That concern is heightened by the broader human rights landscape in Iran, where violations of international legal standards are already well documented — particularly when it comes to LGBTQ people.
Iran has some of the harshest laws in the world regarding LGBTQ rights, policies that human rights advocates say are themselves in violation of international law.
Under the country’s legal system, all sexual activity outside a traditional Islamic marriage is illegal, including same-sex relations. Sexual activity between members of the same sex is criminalized and, in some cases, punishable by death under Iran’s Islamic Penal Code.
With international officials raising concerns about the legality of Trump’s threats, the conversation in Washington has increasingly shifted from condemnation to potential consequences, namely, whether the 25th Amendment could be used to hold him accountable.
“Section 4 of the 25th Amendment, which has never been invoked, allows for the vice president and a majority of Cabinet secretaries (or another body as Congress may provide) to declare the president unable to discharge the powers and duties of the office,” according to the Bipartisan Policy Center. “The vice president would then immediately assume the role of acting president.”
Although there seems to be momentum from Trump adversaries, this is unlikely, according to PolitiFact.
“For all of the partisan chatter, it is highly unlikely this legal procedure to remove a president will happen,” Louis Jacobson and Amy Sherman wrote for the nonprofit political fact-checking website that is operated by the Poynter Institute.”Trump has the support of Vice President JD Vance, his Cabinet and the majority of Republicans in Congress.”
Delaware Congresswoman — and the first transgender legislator on Capitol Hill — Sarah McBride issued a statement in response to Trump’s words.
“In a political career defined by grotesque statements, this president’s horrifying, illegal, and genocidal threat this morning is among the most dangerous and appalling,” McBride said. “You can’t shout ‘fire’ in a crowded theater, and a president cannot be allowed to threaten genocide with the United States military. Threats of war crimes and disregard for human life must be met with accountability under the law.”
She then, like many others, called for removing the president from office to protect the American people.
“Trump must go — and Republicans, whether in the Cabinet or Congress, must join Democrats in using any and all constitutional powers at our collective disposal to end this illegal war and take the gun out of this madman’s hands,” said McBride, the Congressional Democratic Women’s Caucus whip.
Mark Takano, the first openly gay person of color elected to Congress, pointed out that Trump’s ceasefire is only temporary, and does not ensure that Americans won’t be called to fight in a war they didn’t ask for.
“We heard no plan to end this war and no commitment to keep American boots out of Iran,” Takano said on X.
U.S. Sen. Tammy Baldwin (D-Wis.), the first openly gay member elected to the U.S. Senate, used her platform to remind Trump — and the world — that diplomacy remains critical.
“Diplomacy has always been the answer, which is why the president shouldn’t have gotten us into this war of choice,” a statement read on X. “It’s been reckless, cost U.S. soldiers their lives, and is raising prices on families. A ceasefire is a start, but Congress needs to do our jobs and end this war.”
“The House must pass articles of impeachment, and then the Senate must vote to convict and remove the President,” U.S. Sen. Ed Markey (D-Mass.), vocal supporter of LGBTQ rights wrote in a statement on X. “Or, the Cabinet and vice president, with congressional concurrence, must invoke the 25th Amendment and remove Trump.”
“Donald Trump’s instability is more clear and dangerous than ever,” said former House Speaker Nancy Pelosi (D-Calif.).
Multiple other Democrats also called for removing the president for violating international and constitutional law. U.S. Rep. Ilhan Omar (D-Minn.) called for “this unhinged lunatic” to “be removed from office.” U.S. Rep. Ro Khanna (D-Calif.), said, “Threatening war crimes is a blatant violation of our Constitution and the Geneva Conventions.” U.S. Rep. Yassamin Ansari (D-Ariz.), told Midas Touch Journalist Scott MacFarlane “In the last 48 hours alone, the rhetoric has crossed every line.”
In addition to Democrats, some staunch Trump supporters have also been loudly criticizing the president’s handling of the Iran war.
Conspiracy theorist, former Trump confidant, and $1.3 billion defamation case loser for spreading far-right lies, Alex Jones, asked “How do we 25th Amendment his ass?” on Monday’s InfoWars show.
Georgia Republican, former member of the House of Representatives, and former high-profile MAGA ally Marjorie Taylor Greene called Trump’s post about destroying civilizations “evil and madness” and posted a simple “25TH AMENDMENT!!!”
The White House
Report: Grenell wants Russian ambassadorship
Country’s anti-LGBTQ record a reported barrier
Richard Grenell, President Donald Trump’s special envoy for “special missions,” is making it known that he is interested in the Russian ambassadorship.
According to reporting by the Daily Mail, Grenell has “floated” his interest in the role to coworkers, but issues surrounding the former German ambassador’s sexuality have made securing the position more difficult.
“He had an interest in the job — or at least he floated the idea to select colleagues. But Putin’s regime is extremely anti–LGBTQ, so I’m sure they didn’t take that thought too seriously,” one source close to Grenell told the Daily Mail. “That would never happen anyway.”
Grenell has long been one of Trump’s closest allies and was the first openly gay person to hold a Cabinet-level position. He was ousted last month as acting director of the Kennedy Center, a position he had held since Trump reestablished the board to be composed of his political supporters in 2025.
In addition to leading the nation’s cultural arts center, Grenell previously served as the U.S. ambassador to Germany from 2018 to 2020, and as the special presidential envoy for Serbia and Kosovo peace negotiations from 2019 to 2021. He was also a State Department spokesperson to the U.N. under the George W. Bush administration and a Fox News contributor.
Russia has a longstanding history of being anti-LGBTQ.
In 2013, the country passed a law banning any public endorsement of “nontraditional sexual relations” among minors. In December 2022, Putin signed legislation expanding the ban, making it illegal to promote same-sex relationships or suggest that non-heterosexual orientations are “normal” for people of any age, widening censorship across media and public life.
The Russian courts have also supported the restriction of LGBTQ identity in the country. In November 2023, Russia’s Supreme Court granted a request from the Justice Ministry to outlaw the “international LGBT movement” as “extremist,” allowing authorities to criminalize advocacy and potentially prosecute individuals for expressions of LGBTQ+ identity or support.
In addition to LGBTQ rights issues, the war between Russia and Ukraine has become a global concern. Ukraine, which was part of the former Soviet Union, includes the territory known as Crimea, which Russia annexed in 2014. The annexation remains a major point of international dispute over sovereignty. Since 2022, Russia’s large-scale invasion of Ukraine has escalated the conflict, drawing global attention and sanctions while straining U.S.-Russia relations.
The U.S. has spent $188 billion in total related to the war in Ukraine since the Russian invasion in February 2022, according to the Council on Foreign Relations.
The Russian ambassadorship seems to be a difficult role to fill, according to additional information presented by the Daily Mail. With Trump already being seen as relatively positive by Russian President Vladimir Putin, and with close ties to members of his Cabinet and family — like son-in-law Jared Kushner — the ambassadorship is complicated and viewed as less critical than in previous administrations.
“There is no rush to fill that role because it has now been deemed unnecessary,” another source told the U.K.-based publication.
Bob Foresman, a seasoned businessman with decades-long ties to the Kremlin, was reportedly once the frontrunner, according to the Daily Mail. Foresman served as vice chair of UBS Investment Bank and Deputy Chairman of Renaissance Capital between 2006 and 2009, and earlier led investment banking for Russia at Dresdner Kleinwort Wasserstein from 1997 to 2000.
“This is a pattern, especially in the Trump administration — special envoys big–footing the ambassadors,” a source told the Daily Mail. “It is shocking that we are already in April and we don’t have an ambassador to one of the most important countries in the world.”
