Connect with us

National

Picking up the pieces after ‘Don’t Ask’ defeat

Repeal supporters pin hopes on lame duck session after election

Published

on

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

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

Victory Institute to honor Biden at D.C. conference

Former president to receive award on Friday

Published

on

Then-President Joe Biden speaks on the South Lawn of the White House on World AIDS Day 2024 with AIDS Memorial Quilt panels in the background. (Washington Blade photo by Michael Key)

The LGBTQ+ Victory Institute on Friday will honor former President Joe Biden at its annual International LGBTQ+ Leaders Conference in D.C.

Biden will receive the Chris Abele Impact Award in recognition of what the Victory Institute described as “his historic role in championing LGBTQ+ rights and for his leadership in achieving the most LGBTQ+ inclusive administration in U.S. history.” Biden will be the award’s third recipient.

“President Biden has shown unwavering commitment to ensuring LGBTQ+ people can participate fully and openly in our democracy,” said Victory Institute President Evan Low in a press release. “From appointing a record number of LGBTQ+ leaders to reversing harmful policies and expanding civil rights protections, his administration set a new and necessary standard for what inclusive governance looks like.”

“And now, we’re seeing LGBTQ+ elected officials lead the way on everyday issues that are important to most Americans like groceries, housing, and lowering the costs of healthcare,” he added. “This award honors not only his achievements, but also the real impact these changes have had on LGBTQ+ Americans across the country.”

The conference will take place Dec. 4-6 at the JW Marriott Hotel in Downtown Washington, where more than 700 elected LGBTQ+ political leaders and human rights advocates are expected to attend.

Notable officials slated to participate include Massachusetts Gov. Maura Healey; Maine Gov. Janet Mills; Michigan Attorney General Dana Nessel; Hawaii Attorney General Anne Lopez; Arizona Attorney General Kris Mayes; U.S. Reps. Mark Takano (D-Calif.) and Robert Garcia (D-Calif.); Maine House of Representatives Speaker Ryan Fecteau; Mississippi state Sen. Fabian Nelson; San Antonio Mayor Gina Ortiz Jones; San Diego Mayor Todd Gloria; West Hollywood (Calif.) Mayor Chelsea Byers and Providence (R.I.) Mayor Brett Smiley.

Transgender Spanish Sen. Carla Antonelli, former U.S. Ambassador to Bosnia and Herzegovina Eric Nelson, and Robert Biedroń, a gay member of the European Parliament from Poland, are slated to attend. Earlene Budd, a longtime trans activist in D.C., and D.C. Councilman Zachary Parker (D-Ward 5) are also expected to participate.

Michael K. Lavers contributed to this story.

Continue Reading

National

Faith leaders denounce anti-transgender attacks

‘You are holy. You are sacred. We love you.’

Published

on

(Photo by nito/Bigstock)

This past Trans Awareness Week, 10 heads of diverse religious traditions issued a statement proclaiming that transgender, intersex, and nonbinary people are worthy of love, support, and protection. Led by Rev. Dr. Sofía Betancourt, president of the Unitarian Universalist Association, representatives from the Universal Fellowship of Metropolitan Community Churches, The Fellowship of Affirming Ministries, the Union for Reform Judaism, the Presbyterian Church, the Christian Church (Disciples of Christ), The Episcopal Church, the United Church of Christ, and Reconstructing Judaism called out the violent and systemic persecution of trans, nonbinary, intersex, and queer people–proclaiming that their faith and their humanity urged them to affirm that trans, intersex, and quere people are “sacred” and “holy.”

Their statement comes at a critical time. Over the past three months, Trump and his Cabinet’s anti-trans rhetoric has only intensified, with a report released late September by journalist Ken Klippenstein in which national security officers leaked that the FBI is planning to classify trans people as “extremists.” By classifying trans people as “Nihilistic Violent Extremists,” far-right groups would have more “political (and media) cover,” as Abby Monteil reports for them, for anti-trans violence and legislation. 

While the news is terrifying, it’s not unprecedented – the fight against trans rights and classification of trans people as violent extremists was included in Project 2025, and in the past several weeks, far-right leaders’ transphobic campaign has expanded: boycotting Netflix to pressure the platform to remove trans characters, leveraging anti-trans attack ads in the Virginia governor’s race and banning professors from acknowledging that trans people exist. In fact last month, two Republican members of Congress called for the institutionalization of trans people

It seems that the government shutdown was predicated, at least partially, on Trump’s own anti-trans policies that were attached as riders in the appropriations bill. 

It’s a dangerous escalation of transphobic violence that the Human Rights Campaign has classified as an epidemic. According to an Everytown for Gun Safety report published in 2020, the number of trans people murdered in the U.S. almost doubled between 2017 and 2021. According to data released by the Gun Safety report from February 2024, 34 percent of gun homicides of trans, nonbinary, and gender expansive people remain unsolved

As Tori Cooper, Director of Community Engagement for the Transgender Justice Initiative for the Human Rights Campaign Foundation, this violence serves a purpose. “The hate towards transgender and gender expansive community members is fueled by disinformation, rhetoric and ideology that treats our community as political pawns ignoring the fact that we reserve the opportunity to live our lives full without fear of harm or death,” Cooper said.

The faith leaders came out in this statement to affirm that it is their spiritual and human imperative to call out this escalating violence and protect trans, nonbinary, intersex, and queer people. The leaders acknowledge that historically and today, religion is used as a weapon of hate to degrade and deny the human dignity of LGBTQ+ peoples. The Supreme Court is hearing Chiles v. Salazar, a case about the constitutionality of a Colorado ban of conversion therapy for minors, with the majority of conversion therapy practices being faith based. And despite the Supreme Court declining to hear a case challenging the constitutionality of same-sex marriage conferred in Obergefell v. Hodges, efforts to end marriage equality remain ongoing with Katy Faust’s End Obergefell movement

“During a time when our country is placing their lives under increasingly serious threat,” the statement reads, “there is a disgraceful misconception that all people of faith do not affirm the full spectrum of gender – a great many of us do. Let it be known instead that our beloveds are created in the image of God – Holy and whole.”

The faith leaders argue that commendation of LGBTQ peoples and religiously motivated efforts to deny their dignity and rights is not the belief of all faith communities, and far-right Christian nationalist communities and others who uphold homophobia and seek to exact it writ large in the United States do not speak for all faith leaders. 

This is a critical piece of the statement and builds on historical precedence. During the 1980s AIDS crisis, when far-right Christian leaders like Jerry Falwell, one of the founders of the Moral Majority, stated that HIV was “God’s punishment” for LGBTQ+ people and indicative of a broader moral decline in America, affirming faith communities came out to affirm the dignity and divinity of queer people. As funeral homes and churches refused to prepare the dead and bury them, some faith communities stepped up to say that these homophobic leaders do not speak on behalf of all people of faith. 

In 1985, the United Church of Christ General Synod urged its member congregations to claim and declare themselves “Open and Affirming,” in order to express their welcome and support for LGBTQ+ people, and two years later, the Church of the Brethren issued a statement titled “A Call to Compassion” where conference members urged member congregations to speak out boldly against discrimination, provide direct care to people with HIV/AIDS, and actively educate themselves and others to stop the spread of fear and prejudice surrounding the disease.

Just one year later, the Evangelical Lutheran Church in America Church Council issued a statement, “AIDS and Church’s Ministry of Caring,” which outlined the ways in which welcoming, ministering to and advocating on behalf of people with HIV/AIDS is critical to their mission. Even the US Conference of Catholic Bishops, which earlier this month banned gender-affirming care at Catholic hospitals, issued a statement in 1987 calling discrimination against people with HIV/AIDS “unjust and immoral,” and denouncing the label of “innocent” or “guilty” patients.

Thus, the faith leaders’ statement this past week builds on a rich history of faith communities fighting the stigma that far-right faith groups perpetuate about LGBTQ+ people and committing to action. What sets this latest statement apart is its decidedly interfaith heart, which speaks to the history of the Pride Interfaith Service in Washington, DC that was first started by a group of faith leaders and lay people who gathered at the AIDS Memorial quilt. 

As the statement reads, “Our scriptures vary, but they share a common conviction. As we make justice our aim we must give voice to those who are silenced. Our shared values, held across many faiths, teach us that we are all children of God and that we must cultivate a discipline of hope, especially in difficult times. As such, we raise our voices in solidarity to unequivocally proclaim the holiness of transgener, nonbinary, and intersex people, as well as the recognition of the entire spectrum of gender identity and expression.”

The statement ended by arguing that they need to call out the violence they are witnessing. Their silence, they argue, would be in compliance and reinforce the idea that homophobic religious leaders and lay people speak on behalf of all people of faith. Their statement is not only words, however, it is a written promise affirming the dignity and holiness of queer people but also to protect them in the face of increasing violence and persecution. 

“When people of faith and conscience stay silent in the face of oppression, we are all made less whole. When people of faith and conscience speak out against that which violates the sacred in its own name, we have the power to stay the hand of sin. Transgender, nonbinary, and intersex people are vulnerable today,” the statement concluded. 

“Our faiths, our theologies, and our practices of prophetic witness call on us to say with one voice to transgender people among us: ‘You are holy. You are sacred. We love you. We support you, and we will protect you.’”

Continue Reading

The White House

White House halts World AIDS Day recognition amid HIV funding cuts

Trump-Vance administration under increased criticism over policies

Published

on

HIV/AIDS activists attend a rally outside the White House on World AIDS Day. (Washington Blade photo by Michael Key)

For the first time since the global observance began, the U.S. government did not commemorate World AIDS Day on Monday.

World AIDS Day, first marked in 1988, has long served as an annual reminder of the ongoing effort to end an epidemic that has killed more than 44.1 million people worldwide and continues to disproportionately impact LGBTQ people, communities of color, and those in the American South. Yet the Trump-Vance administration declined to acknowledge the day this year, severing a symbolic but consistent tradition upheld by every president since Ronald Reagan.

The move comes despite the scale of the epidemic today. Approximately 1.2 million people in the U.S. are living with HIV, according to federal estimates, and about 13 percent — 158,249 people — do not know their status. Globally, the World Health Organization reports 40.8 million people were living with HIV at the end of 2024.

Presidents of both parties have historically used World AIDS Day to highlight progress, remember lives lost, and recommit to reducing disparities in prevention and treatment. Past administrations have also commemorated the day through displays of the AIDS Memorial Quilt — first created in 1987 and later spread across the National Mall and White House lawn. Today, the quilt includes the names of more than 94,000 people lost to AIDS on more than 47,000 panels.

The AIDS Quilt on the White House lawn in 2024 under President Joe Biden. (Washington Blade photo by Michael Key)

This year’s silence from the White House follows several sweeping foreign aid rollbacks instituted by President Donald Trump after his 2024 inauguration. According to an October report by KFF, the administration enacted a “90-day review of foreign aid; a subsequent ‘stop-work order’ that froze all payments and services for work already underway; the dissolution of USAID, including the reduction of most staff and contractors; and the cancellation of most foreign assistance awards.”

These cuts have created significant funding gaps for nongovernmental organizations around the world — many of which work directly to prevent HIV transmission and expand access to lifesaving treatment.

The State Department dismissed criticism of the administration’s decision not to acknowledge World AIDS Day.

“An awareness day is not a strategy. Under the leadership of President Trump, the State Department is working directly with foreign governments to save lives and increase their responsibility and burden sharing,” deputy spokesperson Tommy Pigott said in a statement CNN first reported. “Earlier this year, we released a global health strategy aimed at streamlining America’s foreign assistance and modernizing our approach to countering infectious diseases.”

The U.S. historically played a central role in the global HIV response. Since 2003, the United States has been the largest financial supporter of HIV/AIDS programs — primarily through President George W. Bush’s PEPFAR initiative, which has invested more than $110 billion into the fight to end the epidemic.

Despite overall declines in transmission, HIV continues to disproportionately affect racial and ethnic minorities, LGBTQ people, and men who have sex with men. More than half of new HIV diagnoses occur in the South.

The Centers for Disease Control and Prevention’s Ending the HIV Epidemic in the U.S. initiative focuses on the 48 counties, D.C., San Juan, Puerto Rico, and seven rural states that accounted for more than half of all new diagnoses in 2016 and 2017.

Advocates say the administration’s withdrawal from World AIDS Day — combined with its cuts to foreign and domestic health programs — risks reversing hard-won gains.

“Though new HIV infections declined 12 percent from 2018 to 2022, progress is uneven with Black people accounting for 38 percent of new diagnoses, Latino people accounting for 32 percent of new diagnoses and more than half (52 percent) of new HIV diagnoses were among people living in the South,” Jarred Keller, senior press secretary at the Human Rights Campaign, told the Washington Blade via email. “Cuts to CDC funding have driven HIV prevention resources to historic lows, stripping support from HIV-focused programs.”

Legal and public health experts echoed that concern, saying that there is a possibility to stop HIV/AIDS, but only if efforts are taken gradually over time.

“HIV is a preventable and treatable condition, but only if the research, organization, and effort continue to be a priority to those looking out for the health of Americans and people worldwide,” said Lambda Legal HIV Project Director Jose Abrigo.

Continue Reading

Popular