Local
Choi sees trial as ‘badge of honor’
Gay Army officers face judge next week after White House arrests
U.S. Army Lt. Dan Choi, who was arrested after handcuffing himself to the White House fence in protest of ‘Don’t Ask, Don’t Tell,’ will go to trial July 14. (Washington Blade file photo by Michael Key)
A gay Army officer facing trial next week after chaining himself to the White House fence in protest of “Don’t Ask, Don’t Tell” said his court appearance offers a fresh opportunity to call attention to the military’s gay ban.
On July 14, the D.C. Superior Court will try Lt. Dan Choi and Capt. Jim Pietrangelo II, two gay Army officers who were arrested March 18 and April 20 after they handcuffed themselves to the White House gates.
Choi and Pietrangelo face a non-jury trial for the misdemeanor charge of two counts of failure to obey a lawful order stemming from their protest actions. If convicted, they could face a $1,000 fine, but jail time is unlikely.
In an interview with the Blade, Choi said he hopes the trial will draw attention to “Don’t Ask, Don’t Tell” and the fact that openly LGBT service members continue to face discharge under the law.
“With regard to ‘Don’t Ask, Don’t Tell’ and the military, obviously, we’ve made it very clear that people are still going to get discharged — and that’s the bottom line for anybody who is involved in the fight,” Choi said.
Congress took action on “Don’t Ask, Don’t Tell” on May 27 when the House and the Senate Armed Services Committee independently attached language to each chamber’s version of major defense budget legislation that would repeal the law.
But Choi said many “who are not in the know” erroneously believe the ban on open service ended as a result of the May votes, and that his trial can help educate people about the situation and “continue to build pressure.”
Besides highlighting the military’s gay ban, Choi said he hopes his trial will call attention to what he called a kind of “Don’t Ask, Don’t Tell” within the LGBT community that prevents people from taking action.
“To me, they’re one and the same,” he said. “The ‘Don’t Ask, Don’t Tell’ in the military enforces shame and hiding and an inability to even discuss certain topics or bring up certain methods of how we’re going to be full and equal dignified people — and the ‘Don’t Ask, Don’t Tell’ in our movement is enforced by people upon themselves, upon ourselves.”
Choi said his activities and words may come across as “self-aggrandizement or arrogance,” but he believes he’s working toward a greater good, calling his actions “a matter of service” and “a matter of speaking out for other people.”
He said he isn’t concerned about the criminal penalties he faces if found guilty and that his lawyers informed him he most likely wouldn’t face any jail time.
“To be able to stand up and get punished and to continue to sacrifice in a visible way is a badge of honor on behalf of those people who have not yet been able to do the bare minimum of their steps toward gaining dignity — and that is coming out,” he said.
If activists get their way, the upcoming trial could feature a star witness, although it’s highly unlikely he would appear in court. Lawyers with GetEqual, an activist group responsible for organizing protests keyed to certain LGBT issues, served President Obama a subpoena last week at the White House.
They contend that Choi and Pietrangelo were following orders from their commander-in-chief, who has repeatedly said LGBT people should keep the pressure on him to follow through with his campaign promises for LGBT rights.
One such example of Obama asking LGBT people to keep the pressure on him came last year during a keynote speech at the Human Rights Campaign national dinner.
“And that’s why it’s so important that you continue to speak out, that you continue to set an example, that you continue to pressure leaders — including me — and to make the case all across America,” Obama said at the time.
A White House spokesperson declined to comment on Obama’s receipt of the subpoena or whether the president would appear at the trial.
Choi said protests outside the White House were “truly in keeping with what the president [said] needed to happen.”
“Obviously, it wasn’t a direct order,” Choi said. “But it was an indirect order. I was in uniform at the HRC dinner. I was serving on active duty many times when he said those things.”
Choi said service members like he and Pietrangelo have an “instinct to make sure you do everything you can” when the president or a military commander “even hints that this is the direction that needs to happen.”
While acknowledging Obama’s appearance during the trial would be highly unlikely, Choi said Obama has already been subpoenaed under the “penalty of morality” to live up to the promises he’s made — particularly regarding the LGBT community.
“He has to be able to stand up and be accountable to all of the things that he did — or didn’t — do as a commander particularly,” Choi said.
Robin McGehee, co-founder of GetEqual, the organization that helped organize Choi and Pietrangelo’s protest at the White House, said GetEqual plans to stand “shoulder-to-shoulder” with Choi and Pietrangelo during their trial next week.
“We take our obligation of protecting the activists that work with us very seriously,” she said. “We have been in constant communication with their defense team and offered our support, but ultimately they are in control of the case’s legal strategy and we certainly respect and support their expertise.”
McGehee said the trial will not only draw attention to “Don’t Ask, Don’t Tell,” but “serve as a beacon of hope for many in our community that we can be in charge of our own equality.”
“We don’t have to sit idly by and let someone else decide for us,” she said. “Dan and Jim have exemplified what it means to stand up and find your own voice.”
Choi noted he hasn’t received help from national LGBT groups regarding his actions.
“I’ve been in contact, of course, with GetEqual and the leaders of the grassroots groups, but the national groups — that are lobby groups now — I have not [heard from] and [have had] no offers of help or support,” Choi said.
Alex Nicholson, executive director of Servicemembers United, said his organization isn’t involved with the case. He noted, however, that Choi’s trial would help bring attention to “Don’t Ask, Don’t Tell.”
“This case helps continue the pressure on the White House by spotlighting the fact that many are still looking to the president for active, not passive, leadership on this issue,” Nicholson said.
Among the national legal groups that Choi cited as offering no support is the American Civil Liberties Union. Choi said he received a response from the National Center for Lesbian Rights, but that it “was on a personal platform and not representing the group.”
“I am certainly waiting for those very smart people and adept people in those national groups to come around and show their support. I would love to see them at the trial,” Choi said.
The ACLU didn’t immediately respond to the Blade’s request for comment on the matter.
Choi’s trial will occur close to the one-year anniversary of when discharge proceedings against him for violating “Don’t Ask, Don’t Tell” began. On June 30, 2009, a panel of New York National Guard officers recommended Choi be expelled from the U.S. military for publicly saying he’s gay.
Although his discharge proceedings have started, Choi said he remains in service and last week returned from drill duty. He noted that his fellow service members have supported his efforts and talk about topics ranging from same-sex marriage to transgender people to gay sex.
“[One] soldier asked me am I a top or a bottom,” Choi said. “And you know? That is when you know you made it as far as unit cohesion goes because people can joke [about] these things. I said, ‘Well, I don’t believe in those titles. In fact, I believe in full equality.’”
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
‘Heated Rivalry’ stars to participate in Olympic torch relay
Comings & Goings
Here’s where to watch ‘RuPaul’s Drag Race’ with fellow fans
‘Queer Eye’ watch party set for Friday
Calendar: January 23-29
Hot rod heaven: Chevy Corvette, Dodge Charger
Two gay candidates running in ‘firehouse’ Va. House of Delegates primary in Alexandria
PHOTOS: Mr. Mid-Atlantic Leather 2026
McBride, other US lawmakers travel to Denmark
