National
Picking up the pieces after ‘Don’t Ask’ defeat
Repeal supporters pin hopes on lame duck session after election
Supporters of “Don’t Ask, Don’t Tell” repeal are picking up the pieces after a devastating loss in the U.S. Senate and — amid fears the opportunity for repeal has been lost — anticipating another shot at passing legislation that would end the law after Election Day.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he continues to see a path for legislative repeal of “Don’t Ask, Don’t Tell” this Congress as he acknowledged the need for new efforts.
“We do have a shot in the lame duck,” he said. “And, I think, frankly, it’s better than 50/50, but we’ve got to change the mix. … It’s unlikely the vote will be that different.”
Still, Sarvis said “time is the enemy” even as he maintained that sufficient time remains this year to move forward with “Don’t Ask, Don’t Tell” repeal.
“We’re only talking about four or five days in November, and it’s unclear how many days in December,” Sarvis said. “This bill is tough to do in the best of circumstances when you aren’t up against time. I think it can be done, but time is a factor for sure.”
Alex Nicholson, executive director of Servicemembers United, said the legislative route to repeal will be a “challenge” and “those who let this vote fail yesterday really made it difficult for us all moving forward.”
“But we have no choice but to give it our all and try our best to push it through,” Nicholson said.
Jim Manley, a spokesperson for Sen. Harry Reid (D-Nev.), confirmed the majority leader’s plans to move forward with the defense authorization bill later this year.
“Sen. Reid reserved the right to reconsider the vote and that is what we intend to do at some point in the future,” Manley said.
Even before the vote, speculation and promises that Senate leaders would try again to start work on the defense authorization had emerged.
Sen. Joseph Lieberman (I-Conn.), the sponsor of Senate standalone repeal legislation, said Tuesday during a news conference he’s received assurances from Senate Majority Leader Harry Reid (D-Nev.) that the bill would come up again in the lame duck session after Election Day.
“If for some reason, we don’t get the 60 votes to proceed, this ain’t over,” Lieberman said. “We’re going to come back into session in November or December. I spoke to Sen. Reid [Tuesday]. He’s very clear and strong that he’s going to bring this bill to the floor in November or December.”
Senate Armed Services Committee Chairman Carl Levin (D-Mich.) said during a later news conference that he hopes the prospects for passing the defense authorization bill would be different after Election Day, but couldn’t offer more details.
“But as chairman of the committee, I’m going to do everything I can to get this bill before the Senate so that it’s subject to debate and amendment,” Levin said. “But I can’t discern what that path is at the moment. It’s too soon after the filibuster damage has been done.”
At least one political analyst is skeptical about the passage of “Don’t Ask, Don’t Tell” repeal in Congress this year.
Larry Sabato, a political scientist at the University of Virginia, expressed doubt about passage after Election Day — even as he acknowledged that “a lame duck session can be unpredictable.”
“From the perspective of September, the odds seem clearly against passage this year,” Sabato said. “Repeal of [‘Don’t Ask, Don’t Tell’] would have to be fast-tracked, and that requires broad agreement in the Senate. That’s unlikely.”
On Tuesday, the U.S. Senate failed to invoke cloture to bring to the floor the fiscal year 2011 defense authorization bill — legislation to which “Don’t Ask, Don’t Tell” repeal language is attached.
The vote in the Senate was 56-43, which was shy of the 60 votes necessary to end the filibuster from Sen. John McCain (R-Ariz.).
A unified GOP caucus — in addition to Democratic Arkansas Sens. Mark Pryor and Blanche Lincoln — comprised the “no” votes that defeated a cloture vote. Sen. Lisa Murkowski (R-Alaska) was the only senator who didn’t vote.
Reid changed his vote to “no” on the legislation in a procedural move that would enable him to bring the legislation to the floor again.
Sarvis said the failure of the Senate to invoke cloture on the defense authorization bill is “shameful” because it means the continued discharge of gay, lesbian and bisexual service members.
“That vote means that gay and lesbian service members are going to continue to be discharged every day while Republicans and Democrats in the Senate figure out how to move forward,” Sarvis said.
Sarvis said the LGBT community needs to “express more outrage” over the vote to convince Senate leaders to schedule the vote again and for successful passage.
“If we aren’t offended, if we aren’t outraged by this vote, I’m not sure how the political dynamics change,” Sarvis said. “Yes, things will be somewhat better after the mid-term elections are behind us, but the few determined opponents are still going to be there.”
Various explanations have been offered for the loss on Tuesday, although partisan politics are widely seen as the reason for failure.
Some faulted the GOP caucus for being obstinate in its vote against cloture even though many Republican senators previously expressed support for the defense authorization bill as a whole.
In a news conference following the vote, Levin called the unified GOP obstruction of the defense authorization bill “outrageous and sad.”
Levin accused the GOP of initially opposing the move forward with the defense authorization bill because of the language that would lead to an end to “Don’t Ask, Don’t Tell.”
“For two days, we’ve heard here that they objected to our proceeding because of the language in the bill relative to ‘Don’t Ask, Don’t Tell,’ even though that language is very moderate language,” Levin said.
The senator noted that the provision provides that repeal would only take effect after the Pentagon working group completes its study on the issue and the president, defense secretary and chair of the Joint Chiefs of Staff certify the U.S. military is ready for repeal.
Levin added he couldn’t recall a previous time in which the U.S. Senate couldn’t proceed to debate on defense authorization legislation.
“It’s important to know that we were just simply trying to get to the point where we could debate a bill,” he said. “I don’t think a filibuster has ever before prevented the Senate from getting to a defense authorization bill.”
GOP senators — including Sen. Susan Collins (R-Maine), who supported the repeal amendment to the defense authorization bill in committee — accused Democratic leadership on the Senate floor Tuesday of being intransigent by limiting the number of amendments that could come to the floor.
“That is why I am so disappointed that rather than allowing full and open debate and the opportunity for amendments from both sides of the aisle, the majority leader apparently intends to shut down the debate and exclude Republicans from offering a number of amendments,” Collins said.
Sarvis said a number of factors played into the unsuccessful cloture vote on Tuesday, including the pressure that repeal advocates placed on Reid to schedule the vote regardless of whether 60 votes were present to move forward.
“Those who were advocating a vote this Congress always understood that we would need 60 votes to succeed,” Sarvis said. “So the reality is, the majority leader scheduled the vote, but we came up short. We lost Democrats that we thought would be with us up until a few days ago and we lost some Republicans until late last week that we thought would be with us.”
Sarvis said Levin and McCain may have to reach some agreement on the number of amendments that can be offered to move forward.
“It doesn’t look good for Democrats or for Republicans — and especially this Congress — to be the first Congress in almost 50 years not to approve an authorization for the funding of our troops, especially when we are in war,” Sarvis said.
Supporters of “Don’t Ask, Don’t Tell” repeal have also cited insufficient support from the White House as a reason why the cloture vote was defeated.
Sarvis said President Obama didn’t make an effort to encourage senators to vote for cloture in the days prior to Tuesday.
“I did not see the White House whipping the vote for 72 hours before,” Sarvis said.
Nicholson ascribed blame to Obama as well as Reid and other LGBT organizations.
“The White House didn’t lift a finger to help and certain gay rights organizations refused to criticize Senator Reid while he derailed the vote in advance,” he said. “It’s just not a good position to be in with all of the hurdles and challenges of a highly polarized lame duck session ahead.”
During a Tuesday news conference, White House Press Secretary Robert Gibbs denied Lady Gaga had done more to advance the bill than President Obama. The pop singer appeared at a rally in Maine to promote passage of “Don’t Ask, Don’t Tell” repeal legislation and tweeted with senators to encourage them to move forward.
“We wouldn’t be taking on these issues if it weren’t for the president,” Gibbs said. “This is an issue that passed the House because of the president and this administration’s work and the work of many members in Congress.”
Gibbs also ascribed blame to the 60-vote threshold needed to move forward with legislation in the Senate — even for a bill to authorize funds for the Pentagon — and said “it’s certainly not healthy for the way our government works and it sets an awful precedent for getting things done in the future.”
Sarvis said support from the White House during the lame duck session would be crucial to advancing “Don’t Ask, Don’t Tell” repeal.
“We need the president speaking on this issue in the lame duck asking senators to be with him,” Sarvis said. “We know he favors repeal, but now we need him engaged more than ever.”
In the wake of Senate defeat, repeal advocates are seeking other options to move forward on “Don’t Ask, Don’t Tell.”
Litigation seeking to overturn the law has received renewed attention. Both Log Cabin v. United States and Witt v. Air Force are moving through the courts and could lead to an end to “Don’t Ask, Don’t Tell,” although legal experts expect those cases won’t be resolved for years.
In a statement following the Senate vote, Joe Solmonese, president of the Human Rights Campaign, urged the Obama administration not to appeal a recent California federal court’s decision against “Don’t Ask, Don’t Tell” in the case of Log Cabin v. United States.
“We expect the Justice Department to recognize the overwhelming evidence that proves [‘Don’t Ask, Don’t Tell’] is unconstitutional,” Solmonese said.
Even with litigation proceeding, Sarvis maintained that the legislative route is the best path for moving forward with repeal.
“The ball game is still in the Senate,” he said. “Yes, there’s some good things going on in the courts with Maj. Witt and the Log Cabin Republican case, but in all likelihood, those are going to be tied up for years.”
One question about a possible future vote on the defense authorization bill is what impact the Pentagon working group’s study on “Don’t Ask, Don’t Tell” due Dec. 1 would have on the legislation.
Sarvis dismissed the notion that the report represents a complication because he said he thinks the report would favor “Don’t Ask, Don’t Tell” repeal.
“They were asked to provide the [defense] secretary with a set of recommendations on how to implement open service,” Sarvis said. “Well, that is not going to be hurtful. Indeed, I’m not that concerned about the results of the survey.”
Nicholson said the completion of the Pentagon report should make voting for “Don’t Ask, Don’t Tell” easier for many senators, but said its release will be “thrown into the highly charged and high politicized environment of the lame duck session.”
“Unfortunately, the working group itself has become so politicized that its utility in this whole processed has been diminished because of that as well,” Nicholson said. “Bottom line — the administration really screwed this one up.”
Many senators, including McCain, have said they want to see the report before acting on “Don’t Ask, Don’t Tell.”
Sarvis predicted continued equivocation from these senators upon the completion of the report and congressional hearings may be necessary following the completion of the study to address concerns.
“Sen. McCain says, ‘Oh, I’m going to need some time to study that report and analyze how they came up with those recommendations,’” Sarvis said. “‘We may need some hearings on that.’ So that’s going to remain a moving target.”
Another possible complication in the legislative effort to repeal “Don’t Ask, Don’t Tell” later this year is state election laws.
According to Bloomberg News, state laws in Illinois, Delaware and West Virginia terminate the terms of appointed senators immediately after Election Day. Their elected successors may start in the lame duck session this year as opposed to the start of the next Congress.
These laws mean Sens. Ted Kaufman (D-Del.), Carte Goodwin (D-W.Va.) and Roland Burris (D-Ill.) — who voted in favor of cloture on Tuesday — may have to give up their seats to “Don’t Ask, Don’t Tell” repeal opponents in the lame duck session.
Sarvis acknowledged that a worst-case scenario of the loss of all three seats would complicate efforts to move forward with the defense authorization if the Senate faces another filibuster.
“If we’re facing another filibuster, I think it’s very, very challenging if we lose those three seats,” Sarvis said.
Sarvis said he’s spoken with Chris Coons, the Democratic nominee for U.S. Senate in Delaware, about “Don’t Ask, Don’t Tell” repeal.
“He looked me in the eye and told me that if he’s in the U.S. Senate, he will be voting for repeal,” Sarvis said. “So, I take heart from that commitment.”
Sarvis said he has “no idea” how Republican candidate Christine O’Donnell would vote should she win in the November election. O’Donnell is known for her opposition to gays and has spoken out against homosexuality.
Illustration courtesy of Georgia Voice
National
White House orders warning signs at Smithsonian over gender identity exhibits
Administration criticizes National Museum of American History
The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.
According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”
Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.
Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.
“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.
The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.
The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.
The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”
The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.
It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”
Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”
On July 9, the American Historical Association issued a statement rejecting the report’s findings.
In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.
House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”
In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.
Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.
“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.
Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.
It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.
An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)
National
Trump ends direct HIV prevention funding to community groups
Advocates say transfer of funds to states may disrupt local programs
A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.
News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.
Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.
Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.
Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.
A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.
Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.
“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.”
Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.
Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.
“They could still qualify as a sub-grantee from a state,” Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.
Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.
In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.
“Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.
It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end.
“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.
“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes.
Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.
National
At Alliance Defending Freedom’s summit, church and state are one
House Speaker Mike Johnson (R-La.) among speakers
Uncloseted Media published this article on July 23.
By SPENCER MACNAUGHTON | Earlier this month, hundreds of people filled a conference room in San Diego. These included Speaker of the House Mike Johnson, Assistant Secretary of Health Admiral Brian Christine, OpenAI executive Dean Ball, and the attorneys general of West Virginia and Idaho.
They all came together for Alliance Defending Freedom’s 2026 Summit. The Christian legal group, also a Southern Poverty Law Center-designated anti-LGBTQ hate group, described the event as a “gathering of leaders from many different spheres, including law, public policy, media, business, education, and Christian leadership.”
Johnson — who has said that “homosexual relationships are inherently unnatural and … society cannot give its stamp of approval to such a dangerous lifestyle” — was a featured speaker.
In his speech, he seemed unconcerned with the separation of church and state: “It is so encouraging to Kelly and I to be among friends and fellow warriors for this cause and people who understand that God is not done with America yet. … ADF’s on the very tip of the spear, front line, defending those very truths and keeping the door open for the spread of the Gospel. This is our moment. I’m telling you, I believe the next season … is going to be the greatest season of this ministry since its inception.”
That ministry is one that has espoused aggressively anti-LGBTQ views since its inception in the early 1990s. It was co-founded by a group of evangelical men, including Alan Sears, who co-authored a book called “The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today.” Since then, ADF has opposed gay marriage and supported bans on gay sex and on gender-affirming care for minors.
After helping overturn Roe v. Wade, ADF lawyers have led key victories at the Supreme Court. In 303 Creative v. Elenis, SCOTUS ruled that a website designer could refuse service to gay weddings. And this year they convinced the Court to overturn Colorado’s ban on conversion therapy and to uphold state laws in West Virginia and Idaho that ban trans girls from playing on girls’ sports teams.
At the summit, ADF President Kristen Waggoner, who has promoted conversion therapists and consistently misgenders trans people, interviewed these states’ attorneys general.
“The lawyers who were defending women’s sports were among the best I’ve ever seen in my entire life,” West Virginia Attorney General JB McCuskey told Waggoner.
Similar to Johnson, Trump’s Assistant Secretary of Health Christine showed his commitment to governing based on conservative Christianity. He gave a Bible-thumping speech against gender transition and trans healthcare, saying that it “contradicts … the deeper moral order that is woven into creation itself. For Genesis 1:27 informs us that God created man in his own image. … Male and female” He also said the “complementary relationship between man and woman is divine” and advocated for youth with gender dysphoria to receive care from a pastor.
All of these remarks from politicians made me think of the interview I published earlier this week with Pete Hegseth’s pastor, Doug Wilson. He wants a Christian theocracy in America and told me that: both the perpetrator and the victim should be disciplined in some cases of marital rape; that transgender people are “sad;” that execution is justifiable for certain homosexual acts; and that gay sex should be illegal.
The ADF Summit is glossy and polished. And while its messaging may be less explicit than Pastor Wilson’s, the track record of the organizations shows they have the exact same desires. They’re just deeply strategic in what they say and when and how they say it.
I believe the political power players who attended this year’s summit know this. They know they are endorsing an organization whose members have essentially called for the illegalization of most — if not all ‚ forms of queer behavior and presentation.
In the last few years, these perspectives have become increasingly embedded in the highest rooms of the federal government and they have been effective in stripping away LGBTQ rights. Wilson, who just installed a full-time pastor in Washington to lead services, says there are 10 to 20 government officials who align with his church’s ideology.
It is vital for Americans to keep their eyes wide open to the ultimate goal of groups like ADF: to create a United States that leaves LGBTQ people without rights and that pushes us back in the closet.
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