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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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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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