National
Troop survey draws criticism
Activists assail ‘derogatory’ language in Pentagon questionnaire
Defense Secretary Robert Gates (Washington Blade photo by Michael Key)
A new Pentagon study that aims to gather the views of military spouses on “Don’t Ask, Don’t Tell” repeal has invoked the ire of LGBT advocacy groups that are claiming bias in the questionnaire.
According to the Defense Department, the survey went out Aug. 20 to 150,000 military households and is intended to inform the work of the Pentagon group working on a plan to end “Don’t Ask, Don’t Tell.”
“We’re going to look at that information and develop an implementation plan for a possible repeal of ‘Don’t Ask, Don’t Tell,’” said Cynthia Smith, a Defense Department spokesperson.
But LGBT rights groups advocating for repeal of “Don’t Ask, Don’t Tell” say the survey questions are biased and assume a negative impact of repealing the 1993 law banning open service in the U.S. military.
Among the survey questions:
• Has your spouse ever worked on a daily basis with an individual he or she believed to be a homosexual service member?
• Compared with other service members in the community, how much did that service member participate in military social activities?
• Would a repeal of “Don’t Ask, Don’t Tell” affect your preference for your spouse’s plans for his or her future in the military?
• Assume “Don’t Ask, Don’t Tell” is repealed and you live in on-base housing. If a gay or lesbian service member lived in your neighborhood with their partner, would you stay on-base or would you try to move out?
Alex Nicholson, executive director of the Servicemembers United, said Monday in a statement that the spousal survey was even more derogatory toward gay and lesbian personnel than a previous survey sent directly to U.S. troops.
“While it is wise to solicit and consider military spouse input on policy changes that will have a major impact on military families, it is extremely unwise to do so for issues that have minimal impact on spouses while also using poorly designed, biased and derogatory survey instruments,” Nicholson said.
Nicholson added that the Pentagon should be concerned with what he called “real family readiness issues,” such as excessive deployments, inadequate mental health support and low troop pay.
Michael Cole, a Human Rights Campaign spokesperson, said in response to a Blade inquiry on the survey that his organization doesn’t believe the survey is necessary in the first place.
“Gay and lesbian troops are serving now, albeit in silence,” Cole said. “Given that this entire process is about how, not if, to implement repeal, we look forward to the day sometime soon when all of these are non-issues to open service.”
The spousal survey comes on the heels of another survey the Pentagon issued to 450,000 troops to collect their views on eliminating “Don’t Ask, Don’t Tell.”
According to the Pentagon, only about one-quarter of those surveys were returned by their due date on Aug. 25. Smith said the Pentagon received 110,000 of the 450,000 surveys it distributed.
Nicholson said such a return rate shows troops have little interest in the survey and don’t care about changing “Don’t Ask, Don’t Tell.”
“While the Department of Defense and [survey coordinator] Westat are spinning the low response rate to the ‘Don’t Ask, Don’t Tell’ survey as expected and sufficient, neither are disclosing the fact that the military leaders have had to put significant pressure on troops on multiple occasions to even get this level of response,” Nicholson said. “Some commanders and senior leaders have even told subordinates that participation is mandatory.”
Nicholson said the limited responses degrade of the credibility of the survey and “violate ethical standards that prevent researchers from compelling respondents to participate in survey research.”
In addition to seeking input from military spouses, the Pentagon also is working with LGBT groups to find a way to obtain feedback from the same-sex partners of U.S. service members without outing those troops under “Don’t Ask, Don’t Tell.”
Smith said the Pentagon is “currently in the process” of working with advocacy groups to determine how to reach out to partners of gay and lesbian service members.
Trevor Thomas, spokesperson for the Servicemembers Legal Defense Network, said SLDN is among the groups with which the Pentagon is consulting on this matter.
“While there are legal questions and concerns around confidentiality, we’re working to find the safest approach possible and make sure their important voices are heard,” he said.
Palm Center report
shows ‘Don’t Ask’ costs
In a related development, the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, last week published a report outlining 12 “costs” of the law.
The report, titled “Don’t Ask, Don’t Tell: Detailing the Damage,” cites several ways in which the U.S. military has been harmed as a result of having the law in place for 17 years.
According to the report, “Don’t Ask, Don’t Tell” harms the armed services by:
• wasting the talents of essential personnel with critical skills who were fired for their sexual orientation, including Arabic language specialists, medical professionals and combat aviators. The report cites a Governmental Accountability Office study saying 757 troops with “critical occupations” were fired between fiscal years 1994 and 2003;
• hampering recruitment and retention by shrinking the pool of potential enlistees for the U.S. military. The report cites a study from the Williams Institute at the University of California that says 41,000 qualified gay Americans may join the U.S. armed forces if the ban on open service were lifted;
• imposing financial costs on the U.S. military. The report cites a 2005 GAO study saying “Don’t Ask, Don’t Tell” has cost the military $190.5 million: $95.4 million to recruit replacements for service members separated under the policy and $95.1 million to train them;
• wasting the time of officers who must investigate and discharge outed gay, lesbian and bisexual troops.
In a statement, Nathaniel Frank, who wrote the report as a senior fellow at the Palm Center, said the work is intended to draw new attention to the damage that “Don’t Ask, Don’t Tell” inflicts on the military.
“Much of the debate about whether to repeal ‘Don’t Ask, Don’t Tell’ has focused on the fact that the ban is unfair and unnecessary,” he said. “But there is less familiarity with the profound damage the policy causes, and so there isn’t quite the sense of urgency among some policymakers to lift the ban. This report details a long list of costs imposed by ‘Don’t Ask, Don’t Tell’, that show the policy has achieved the opposite of what it was supposed to accomplish.”
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
Federal appeals court rules White House illegally banned trans troops
Outright International honors Cyndi Lauper at annual NYC gala
Results from key Tuesday primary races
AIDS Healthcare Foundation announces 3 million people globally in its care
10 HIV/AIDS activists arrested on Capitol Hill
Ghanaian lawmakers approve anti-LGBTQ bill
Time travelers from the AIDS era
Books for a pre-Pride celebration
Barney Frank’s powerful legacy for LGBTQ federal employees
