Connect with us

National

New anxieties emerge over ‘Don’t Ask’ vote

Repeal supporters hoping for enough votes for cloture

Published

on

Senate Majority Leader Harry Reid (Blade photo by Michael Key)

New anxieties are emerging over whether sufficient votes exist to advance legislation containing “Don’t Ask, Don’t Tell” repeal as a dispute has emerged in the U.S. Senate over the amendments that will be allowed for the bill.

The issue comes down to a disagreement between Democratic and Republican leadership on the issue of the ability to offer amendments on the Senate floor to the defense budget legislation that contains the repeal language.

Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed on the fiscal year 2011 defense authorization bill when it comes to the floor, but Republicans reportedly want an agreement to offer additional amendments to the defense authorization bill.

The three amendments that Reid said he would allow are a measure on “Don’t Ask, Don’t Tell” repeal; a measure to attach the DREAM Act, an immigration-related bill, to the defense legislation; and another measure that would address the “secret holds” U.S. senators can place on presidential nominees.

Fred Sainz, the Human Rights Campaign’s vice president of communications and marketing, said this disagreement has made moving forward with the defense authorization bill “a partisan issue” for senators who would have otherwise voted in favor of cloture.

“Republicans would have liked to have seen additional amendments considered and so the party leaders on both the majority and minority side are holding their caucuses to these procedural issues on party lines,” Sainz said.

Concern about whether there are sufficient votes to move forward piqued on Thursday when the Advocate reported that Sen. Joseph Lieberman (I-Conn.) expressed doubts about finding enough votes for cloture.

“The question is whether the Senate leadership can negotiate an agreement with the Republicans that will allow the bill to come up and get them to feel that they can introduce amendments that they want to introduce as well,” Lieberman was quoted as saying. “But until that happens, I don’t think the votes are there to break the filibuster, which would be a shame.”

Consternation among Republicans seeking to offer additional amendments and now possibly withholding support for cloture is inspiring new worry from “Don’t Ask, Don’t Tell” repeal supporters.

Sainz acknowledged the confidence that repeal supporters felt earlier in the week has given way to anxiety.

“Given what we now know on the way in which the cloture petition is kind of sizing up, it’s going to be a very close vote,” he said. “It’s going to be definitely a party line and we’re looking to bring a few Republicans to our side.”

Alex Nicholson, executive director of Servicemembers United, said he’s “still optimistic” that at least 60 senators will vote in favor of cloture on the defense authorization bill and acknowledged the vote would be close.

“I think we all generally feel like we’re still moving in the right direction,” Nicholson said. “Nothing has changed in terms of the estimation that it’s going to be a close vote, and we can’t take even one vote for granted on this.”

Nicholson said if the cloture vote were to take place now, the Senate would move to proceed on the defense authorization bill by a margin of one or two votes or possibly “an even 60.”

On Friday, Servicemembers Legal Defense Network issued the names of seven senators whom the organization says are uncommitted on the cloture vote and urged repeal supporters to contact them to urge them to move forward.

“For repeal to happen advocates need more senators on board to break John McCain’s filibuster,” the statements reads. “All supporters must call their senators now.”

The seven senators are Susan Collins (R-Maine), Olympia Snowe (R-Maine), Mark Pryor (D-Ark.); Richard Lugar (R-Ind.); Judd Gregg (R-N.H.); Jim Webb (D-Va.) and George Voinovich (R-Ohio).

Only Webb’s office responded to the Blade’s request for comment on the defense authorization bill.

Will Jenkins, a Webb spokesperson, said he doesn’t have a statement from the senator at this time.

Still, he noted that while Webb voted against the “Don’t Ask, Don’t Tell” provision in May during a committee markup, he voted to report out of committee the legislation as a whole.

“He has not indicated how he intends to vote on this in the future — as is his normal practice with pending legislation,” Jenkins said.

The fact that SLDN has cited Lugar as uncommitted for a vote on cloture is noteworthy because the senator told the Blade in July that he would “presume” that he would vote against any filibuster of the legislation.

The failure to invoke cloture on the defense authorization bill on Tuesday raises questions about its passage this Congress and the fate of “Don’t Ask, Don’t Tell.”

Sainz predicted that not having 60 votes to move forward on Tuesday would mean the bill would have to come up again in the lame duck session after Election Day — and perhaps with “a different set of circumstances.”

“It would be tight, but there would be the ability to go ahead and introduce [the defense authorization bill] and conference it,” Sainz said. “But that’s definitely a Plan B. We’re really kind of focused on cloture on Tuesday.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

Published

on

U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

Continue Reading

Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

Published

on

U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

Continue Reading

New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

Published

on

The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

Continue Reading

Popular