Politics
Gay Air Force aviator files injunction to block 'Don't Ask' discharge
A highly decorated gay Air Force aviator whose pending discharge under “Don’t Ask, Don’t Tell” has been highly publicized has filed an injunction in federal court to prevent his expulsion from the U.S. military.
Servicemembers Legal Defense Network and Morrison & Foerster LLP filed a request for a temporary restraining order on Wednesday on behalf of Lt. Col. Victor Fehrenbach, according to a statement from SLDN. The injunction is pending before the U.S. District Court in Idaho.
In a statement, Fehrenbach, who, according to SLDN, is 13 months away from retirement, said he’s been waiting more than two years for the U.S. military to “do the right thing” and allow him to continue his service.
“I have given my entire adult life to the Air Force that I love,” Fehrenbach said. “I have deployed six times and risked my life for my country. In the two years that I’ve been sitting at my desk rather than inside my jet, I’ve offered to deploy numerous times. I’m ready, willing, and able to deploy tomorrow, but I’m barred from deployment, because of this unjust, discriminatory law.”
The injunction was filed after the General Counsel’s Office to the Secretary of the Air Force reportedly reviewed Fehrenbach’s case and sent a recommendation to Air Force Secretary Michael Donley. Without action by Donley, Fehrenbach could be discharged within days, according to SLDN.
In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, urged Donley to employ the new regulations for “Don’t Ask, Don’t Tell” implemented earlier this year to keep Fehrenbach in service.
“Lt. Col. Fehrenbach signed up nearly 19 years ago willing to risk all and die for his country, flying nearly 90 combat missions in Iraq, Afghanistan, and Kosovo,” he said. “Why and how the hell do we end up firing our best and brightest when we’re fighting in two wars?”
Sarvis said Fehrenbach’s discharge would “dramatically underscore that ‘Don’t Ask, Don’t Tell’ is still the law and all gay and lesbian service members should be on notice.”
The request asks the court for a restraining order to prevent the irreparable injury caused by discharging Fehrenbach until a more complete hearing on his case, arguing the U.S. government cannot establish that his continued service hinders “morale, good order and discipline, and unit cohesion.”
According to SLDN, the injunction is the first case to challenge a “Don’t Ask, Don’t Tell” discharge using the standard reached in the 2008 U.S. Ninth Circuit Court of Appeals ruling in Witt v. Air Force, which held that a plaintiff couldn’t be discharged from the U.S. military without proof that her presence was a detriment to unit cohesion.

A group of four hardline House Republicans on Thursday joined Democratic colleagues to sink their own spending bill, a $886 billion military appropriations package full of riders from GOP members that include anti-abortion and anti-LGBTQ provisions.
The 216-212 vote raised the likelihood of a government shutdown if lawmakers are unable to forge a path forward before the end of September.
“Instead of decreasing the chance of a shutdown, Speaker McCarthy is actually increasing it by wasting time on extremist proposals that cannot become law in the Senate,” Senate Majority Leader Chuck Schumer (D-N.Y.) said.
His counterpart in the House, Speaker Kevin McCarthy (R-Calif.), expressed frustration with his own caucus, characterizing the impasse he has reached with colleagues as “frustrating in the sense that I don’t understand why anybody votes against bringing the idea and having the debate.”
“And then you got all the amendments if you don’t like the bill,” he continued. “This is a whole new concept of individuals that just want to burn the whole place down — it doesn’t work.”
A group of 155 House Democrats on Thursday issued a letter objecting to anti-LGBTQ provisions in the bill, the 2024 National Defense Authorization Act, addressing the message to U.S. Sens. Jack Reed (D-R.I.) and Roger Wicker (R-Miss.), chair and ranking member of the Senate Armed Services Committee, and U.S. Reps. Mike Rogers (R-Ala.) and Adam Smith (D-Wash.), chair and ranking member of the House Armed Services Committee.
The effort was led by Congressional Equality Caucus Chair U.S. Rep. Mark Pocan (D-Wis.) and the co-chairs of the Caucus’s Transgender Equality Task Force, U.S. Reps. Sara Jacobs (D-Calif.) and Pramila Jayapal (D-Wash.).
Specifically, the letter argues several anti-equality amendments would “actively target LGBTQ+ service members and LGBTQ+ dependents and threaten the recruitment, retention, and readiness of our Armed Forces.”
Among these are riders prohibiting coverage of gender affirming healthcare interventions for service members and their dependents; banning LGBTQ Pride flags, drag shows and other events; and restricting funding for certain books in schools operated by the Department of Defense Education Activity.
Congress
Senate confirms federal judge who fought for marriage equality as a lawyer
Three Republicans voted for Rita Lin’s nomination

The U.S. Senate on Tuesday voted 52-45 to confirm Rita Lin’s nomination by President Joe Biden to serve as a judge on the U.S. District Court for the Northern District of California.
The first Chinese American woman to serve in the role, Lin previously fought for marriage equality as an attorney in private practice with the multinational firm Morrison and Foerster.
As co-counsel in a 2012 case challenging the Defense of Marriage Act in federal court, she secured the first ruling striking down the law, which proscribed marriage as exclusively heterosexual unions, since President Obama announced his administration would no longer defend it.
The Senate’s vote to confirm Lin was supported by all present Democratic members and three Republicans: U.S. Sens. Susan Collins (Maine), Lindsey Graham (S.C.) and Lisa Murkowski (Alaska).
Last year, during hearings for her nomination in the U.S. Senate Judiciary Committee, Sen. John Kennedy (R-La.) objected to an article she wrote in 1998 while a junior at Harvard University calling members of the Christian Coalition “bigots.”
The Christian Coalition was founded by the late Christian media mogul Pat Robertson, who attracted controversy throughout his life and career for making sexist, homophobic and racist remarks.
Lin was appointed as a judge in the San Francisco Superior Court in 2018, and she currently presides over felony and misdemeanor criminal trials. She previously served as an Assistant United States Attorney in San Francisco.
Politics
Wexton, ardent LGBTQ ally, will not seek re-election
Congresswoman diagnosed with progressive supranuclear palsy

U.S. Rep. Jennifer Wexton (D-Va.) announced on Monday she will not seek reelection after receiving a diagnosis of progressive supranuclear palsy, a neurological disorder that the congresswoman described in a statement as “Parkinson’s on steroids.”
“I’m heartbroken to have to give up something I have loved after so many years of serving my community,” she said. “But taking into consideration the prognosis for my health over the coming years, I have made the decision not to seek reelection once my term is complete and instead spend my valued time with Andrew, our boys, and my friends and loved ones.”
A vice-chair of the Congressional Equality Caucus who was formerly a co-chair of its Transgender Equality Task Force, Wexton has been a staunch ally of the LGBTQ community since her first election to Congress in 2018 and during previous five-year tenure in the Virginia State Senate.
“.@RepWexton is a strong ally to LGBTQI+ people,” the Caucus posted on X. “We extend our support to her & her family during this time and thank her for championing LGBTQI+ equality.”
“On my lowest days, she’s quite literally been a shoulder to cry on, and on my best days, she was the second person I told about my engagement last year,” Virginia Del. Danica Roem (D-13) told the Washington Blade on Monday.
The congresswoman is “a role model, mentor and genuine public servant whose friendship and advocacy means the world to me,” said Roem, who is the first openly trans representative to serve in any state legislature and will be the first in Virginia’s State Senate if she is elected to the newly drawn 30th district seat next year.
“I spent so many years closeted in part because of the fear and loathing perpetuated by elected officials toward LGBTQ people in Northern Virginia broadly and greater Prince William [County] specifically that made for a hostile, unwelcoming environment,” she said.
“To go from that to having such outspoken, fearless representation from my member of Congress in Rep. Jennifer Wexton hasn’t so much been a breath of fresh air as much as a completely new biosphere,” Roem said.
She added, “I’m so grateful to her for everything she’s done and the example of inclusivity she’s set for her constituents.”
Roem pointed the Blade to an article in the Washington Post entitled, “How Jennifer Wexton became the ‘patron saint of the transgender community,’” which details the ways in which LGBTQ rights “with an emphasis on the transgender community” had become Wexton’s “signature issue” just “six months into her first term.”
In fact, on the day she took office, the congresswoman became only the second member to fly a transgender Pride flag outside her office.
Equality Virginia, the state’s largest LGBTQ advocacy group, also noted Wexton’s advocacy for the community in a post Monday on X: “Thank you @RepWexton for being a tireless advocate for LGBTQ+ people in the General Assembly and in Congress.”
“You’ve made our commonwealth a better place,” the group wrote, adding, “we’re sending our love and strength to you, your family and your entire team.”
“In 2018, this state senator I called my legislative role model and looked up to so much as a first-year delegate, came over for dinner crepes to share her wisdom, humor and guidance,” Roem said on X. “Five years later, Rep. @JenniferWexton is still a mentor, friend and champion for NOVA.”
The Washington Post reported Wexton’s planned departure means her seat representing Virginia’s 10th Congressional District could be vulnerable in next year’s elections, as it was held by Republicans for 40 years prior to the congresswoman’s defeat of GOP incumbent Barbara Comstock in 2018.
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