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Levin uncertain about ‘Don’t Ask’ vote count

Senate prepares for critical Tuesday vote

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Sen. Carl Levin (D-Mich.), chair of the Senate Armed Services Committee. (Blade photo by Michael Key)

The chair of the Senate Armed Services Committee on Monday expressed uncertainty over whether the Senate would have sufficient votes to move forward with major defense budget legislation containing “Don’t Ask, Don’t Tell” repeal.

During a news conference, Sen. Carl Levin (D-Mich.) said he doesn’t know whether there are 60 votes to end a filibuster and move forward with the fiscal year 2011 defense authorization bill.

The vote for cloture on the legislation, which has language that would lead to the end of “Don’t Ask, Don’t Tell,” is set for Tuesday at 2:15 p.m.

“I hope we can get to cloture,” Levin said. “I know a number of you will ask the question, ‘Do we have the votes?’ My answer is, ‘I don’t know whether we have the votes or not.’ I haven’t done a whip check.”

Levin said he hopes the votes are present to move forward with the defense authorization bill because of “critically important” provisions in the legislation related to military pay and weapons systems.

Provided all 59 Democrats in the Senate vote in favor of cloture, at least one Republican vote is needed to move forward with the defense authorization bill, but GOP leadership is reportedly withholding support for the bill because of a limit imposed on the number of amendments that can be offered on the floor.

Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed for consideration of the defense authorization bill: an amendment to strip out the “Don’t Ask, Don’t Tell” repeal language; a measure to attach the DREAM Act, an immigration-related bill, to the legislation; and a measure addressing the “secret holds” senators can place on presidential nominees.

Sources have told the Blade that moderate Republicans, including Sen. Susan Collins (R-Maine), are seeking concessions from Democratic leadership in exchange for breaking with the Republican caucus and voting for cloture.

Levin said he’s unaware of any concessions that Collins or other Republicans are seeking over the defense authorization bill. Still, he said he’s spoken with the Maine senator about a previous version of the unanimous consent agreement.

“She and I talked about the consent agreement,” Levin said. “She had some difficulty with it. It wasn’t that she would vote for it if it were changed. That’s not what we talked about. It was she had some difficulty with an earlier draft, and, frankly, I thought she was right.”

Levin said he didn’t ask Collins during this conversation about how the Maine senator intended to vote on the cloture measure on Tuesday.

Asked by the Blade what would happen if cloture isn’t invoked on Tuesday, Levin said an unsuccessful vote would be a “real setback” and said he couldn’t predict what would happen if the bill came up again after Election Day.

“Anyone who tries to predict what will happen in lame duck has got a lot more courage than I do,” Levin said.

A failure to pass the defense authorization bill would almost be unprecedented. A Democratic aide said during the news conference that Congress has passed defense authorization legislation every year for the past 48 years.

If cloture is invoked on Tuesday, opponents of “Don’t Ask, Don’t Tell” repeal would have the opportunity to strip out the repeal language through an amendment on the Senate floor.

Levin said he doesn’t know what opponents of “Don’t Ask, Don’t Tell” repeal are planning when the Senate proceeds tomorrow with the legislation.

“I don’t know what we’re going to see on ‘Don’t Ask, Don’t Tell,'” Levin said. “It’s going to be up to people — if we can get to cloture — who will offer the amendment.”

A Democratic aide said the votes needed to strip the repeal language from the legislation would be either 51 or 60, depending on the agreement reached between majority and minority leadership.

But the main focus of Levin’s news conference was to address arguments from McCain, who has objected to advancing the defense authorization bill on the basis that non-germane amendments are planned for the legislation.

“For many, many years, we never put any extraneous items on the [defense authorization] bill, because it was so important to defense and we just didn’t allow it,” McCain said, according to a Levin statement. “Starting last year, Carl Levin and Harry Reid put hate crimes on it.”

McCain on the floor last week lamented that hate crimes protections legislation was signed into law last year as an amendment to FY 2010 Defense Authorization Act.

During today’s news conference, Levin noted that hate crimes legislation had been attached to defense authorization legislation three additional times prior to 2009, although the measure never made it to the president’s desk before last year.

“Sen. McCain is incorrect on at least two accounts in the one statement,” Levin said. “Last year was not the first time that hate crimes legislation was added to the defense authorization bill … and it was approved by an overwhelming bi-partisan majority each of those three previous times.”

Levin also said other non-germane amendments had been considered as part of the defense authorization bill, including measures on concealed weapons, indecency standards as well as a previous amendment on “secret holds.”

An amendment for campaign finance reform that McCain sponsored in 2000 was also considered as part of the defense authorization bill, according to Levin.

“If we want to give these men and women in the military confidence in their government, we should have fully disclosed who it is that contributes to the political campaigns,” McCain said in 2000, according to a Levin statement.

Levin said he defended McCain’s right to offer this amendment in 2000 as he plans to defend the right of anyone who introduces the DREAM Act this year.

“People have a right to use the rules here and to suggest anything to the contrary is just simply inaccurate and I think has no place in the debate,” Levin said.

McCain’s office didn’t immediately respond to the Blade’s request for comment on Levin’s remarks.

Also during the presser, Levin disputed an account that the DREAM Act would be attached to the defense authorization bill as part of a manager’s amendment that would be inclusive of defense-related items.

A Republican source had earlier told the Blade that Democratic leadership was planning consideration of the DREAM Act and a manager’s amendment as one measure.

“That’s news to me,” Levin said. “I would love to know where you heard it. I’d like to check your source.”

Still, Levin said he expects the DREAM Act to be the first amendment offered to the defense authorization bill on Tuesday following a successful cloture vote.

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Puerto Rico

Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga

Puerto Rican activist celebrates half time show

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Bad Bunny performs at the Super Bowl halftime show on Feb. 8, 2026. (Screen capture via NFL/YouTube)

Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.

Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.

“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”

La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.

“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”

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Human Rights Watch sharply criticizes US in annual report

Trump-Vance administration ‘working to undermine … very idea of human rights’

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(Washington Blade photo by Yariel Valdés González)

Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.

“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”

Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.

“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

From left: Human Rights Watch Executive Director Philippe Bolopion and Human Rights Watch Washington Director Sarah Yager at a press conference at Human Rights Watch’s D.C. offices on Feb. 4, 2026. (Photo courtesy of Human Rights Watch)

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.

The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.

Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.

The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”

“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”

The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.

The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”

“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.

Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”

“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”

“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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