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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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New York

N.Y. governor’s race presents stark contrast on LGBTQ rights

Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman

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Kathy Hochul (Photo courtesy of the then-New York Gov. Andrew Cuomo's office)

As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.

Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.

Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.

Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.

Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state trans youth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.

Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.

“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”

On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.

Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.

A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.

LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.

In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision

Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.

Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The president made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”

The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. The campaign did not respond.

The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.

Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.

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Illinois

Obama Center opens with tributes to marriage equality, LGBTQ progress

19.3 acre campus honors 44th president’s legacy

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The Obama Presidential Center in Chicago on June 14, 2026. (Washington Blade photo by Michael K. Lavers)

The Barack Obama Presidential Center held media previews on Thursday ahead of its official Juneteenth opening, marking the debut of the first presidential center dedicated to the 44th and only Black U.S. president.

The 19.3-acre campus, located on Chicago’s South Side within historic Jackson Park, features a museum, garden, basketball court, and a new branch of the Chicago Public Library.

Multiple artifacts related to the LGBTQ rights movement appear in the presidential museum’s collection, though none appeared to be on display at the time of publication, according to the center’s website.

Among the objects in the collection are the pen Obama used to sign the repeal of the “Don’t Ask, Don’t Tell” policy that prohibited gay, lesbian, and bisexual individuals from serving openly in the military; a set of Harvey Milk commemorative stamps honoring the first openly gay elected official in San Francisco; and an Out2Enroll rainbow sweat wristband used to connect communities — specifically LGBTQ people and their families, friends, and allies — with health insurance coverage options available under the Affordable Care Act.

The artifacts reflect a broader LGBTQ legacy associated with the Obama presidency.

During the televised opening ceremony, former first lady Michelle Obama thanked her husband for “standing up for marriage equality.”

During his presidency, Obama took a number of actions affecting LGBTQ Americans, including repealing “Don’t Ask, Don’t Tell,” signing the Matthew Shepard Hate Crimes Act, directing the Justice Department to stop defending the Defense of Marriage Act in court, expanding federal benefits and leave to same-sex domestic partners of federal and Foreign Service employees, broadening Affordable Care Act coverage for LGBTQ health issues, including HIV/AIDS prevention and treatment, and signing a 2014 executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.

The opening event drew numerous celebrities, including Stevie Wonder, Christina Aguilera, Oprah Winfrey, and Tom Hanks.

It also attracted political figures from both sides of the aisle. One notable exception was President Donald Trump, who was not invited to the ceremony. All other living former presidents were invited and attended.

The Obama Presidential Center will open to the public on June 19, with tickets available on its website.

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Florida

Intersex teacher alleges Fla. school fired him over perceived trans identity

Shepard Scalf filed a complaint with Equal Employment Opportunity Commission

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Intersex flag (Bigstock photo)

An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.

Shepard Scalf in the filing says he was assigned female at birth but identifies as male.

According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans. 

Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.

During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.

On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired. 

According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”

“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”

According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.

In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.

The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.

“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”

Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.

“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.

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