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Court orders injunction against ‘Don’t Ask’ enforcement

Justice Dept. has 60 days to appeal decision

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A California federal court on Tuesday granted an injunction against the enforcement of “Don’t Ask, Don’t Tell” throughout the United States and across the globe.

U.S. District Judge Virginia Phillips confirmed her earlier opinion in September against “Don’t Ask, Don’t Tell” in the case of Log Cabin v. United States by granting an immediate and permanent injunction barring the U.S. government from enforcing the law. Additionally, the court ordered the suspension of all pending proceedings and investigations under “Don’t Ask, Don’t Tell.”

In her injunction, Phillips reiterates that “Don’t Ask, Don’t Tell” violates the free speech and due process rights of gay, lesbian and bisexual service members under the First and Fifth Amendments. Phillips says her injunction “permanently enjoins” the U.S. government “from enforcing or applying the ‘Don’t Ask, Don’t Tell’ Act and implementing regulations, against any person under their jurisdiction or command.”

The Justice Department has 60 days to determine whether or not to appeal the decision to the U.S. Ninth Circuit Court of Appeals. Tracy Schmaler, a Justice Department spokesperson, said the U.S. government is reviewing the ruling.

President Obama has pledged to end “Don’t Ask, Don’t Tell.” Many opponents of the law, including members of Congress, have urged the president not to appeal the court decision.

During a press conference Tuesday, White House Press Secretary Robert Gibbs deferred comment on the injunction to the Justice Department.

“Obviously there have been a number of court cases that have ruled in favor of plaintiffs in this case,” Gibbs added. “And the President will continue to work as hard as he can to change the law that he believes is fundamentally unfair.”

Christian Berle, acting executive director for the National Log Cabin Republicans, which filed the lawsuit in 2004, said the court’s decision is the only “reasonable solution” in how to handle “Don’t Ask, Don’t Tell” in the wake of the ruling finding the law violated service members’ constitutional rights.

“These soldiers, sailors, airmen and Marines sacrifice so much in defense of our nation and our Constitution,” he said. “It is imperative that their constitutional freedoms be protected as well.”

Berle added the injunction strengthens national defense because the U.S. government is no longer compelled to “discharge service members with valuable skills and experience because of an archaic policy mandating irrational discrimination.”

Francine Minadeo, a spokesperson for White & Case LLP, which represented Log Cabin in the case, said the order has no stay of injunction and the firm doesn’t know whether the government will appeal the decision.

Aaron Tax, legal director for the Servicemembers Legal Defense Network, said his also organization applauds the ruling, but warned gay, lesbian and bisexual service members in the U.S. military against making their sexual orientation public in the wake of the Phillips’ order.

“This order will likely be appealed by the Justice Department and brought to the U.S. Court of Appeals for the Ninth Circuit where her decision may well be reversed,” Tax said. “Service members must proceed safely and should not come out at this time.”

Greg Rinckey, an attorney with Tully-Rinckey, which handles “Don’t Ask, Don’t Tell” cases, also said LGBT service members remain “in danger” if they decide to come out.

“I envision there will be an appeal filed [Tuesday or Wednesday] requesting an injunction for a stay on it, so it’s definitely not safe to come out now,” Rinckey said.

Alexander Nicholson, executive director of Servicemembers United and sole named veteran plaintiff in the lawsuit, called the order “another historic and courageous step in the right direction.”

“While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit,” he said. “If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”

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Florida

Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term

State’s 20th Congressional District’s includes Broward, Palm Beach Counties

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Elijah Manley (Photo courtesy of the Elijah Manley campaign)

Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.

Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.

Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.

For Manley, those experiences are precisely what he believes Congress is missing.

“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”

Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.

“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”

He argues that lived experience offers a perspective often missing on Capitol Hill.

“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”

According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.

“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.

Elijah Manley (Photo courtesy of the Elijah Manley campaign)

As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.

“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”

His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.

Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.

“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”

His personal experiences also inform his healthcare agenda.

“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”

California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.

Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.

Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.

“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.” 

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Florida

Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges 

Democrat narrowly lost to DeSantis in 2018, later came out as bisexual

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Andrew Gillum in 2020. (Photo public domain)

Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.

Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.

Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.

Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.

The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.

During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.

The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.

In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.

Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.

In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.

This is not the first time Gillum has faced legal scrutiny.

During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.

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Pennsylvania

Philadelphia murder suspect remains at large

Two killed, one injured in attacks motivated by victims’ sexual orientation

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Jahylin Melchur, 21, is wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. (Photos courtesy Philadelphia Police Department)

Police seek the public’s support in finding a suspect wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. All three shootings took place near Hunting Park Recreation Center between May 29 and June 26.

The suspect is 21-year-old Jahylin Melchur, who has not been located by police and is not in police custody as of July 7. Police seek the public’s support in tracking down the suspect, whose image was captured on surveillance cameras. Previous reporting underlined that Melchur should be considered armed and dangerous.

Each of the victims was found partially clothed between 10 and 11 p.m.

On May 29, a 55-year-old in Juniata Park was found two miles from the rec center. The victim, who survived the encounter with critical injuries, said a man approached him and announced his intention to rob him, before shooting him in the elbow and torso.

Martin Higgins, 45, was pronounced dead on the bleachers of the rec center’s baseball field on June 20, suffering from a gunshot wound to the abdomen. Sharef Holman, 29, was found near the basketball courts on June 26, suffering from multiple gunshot wounds. He was transported to Temple University Hospital but died shortly thereafter.

Deputy Police Commissioner Frank Vanore declined to answer the Philadelphia Inquirer’s question regarding whether the victims may have met Melchur on a dating app, citing the ongoing investigation. Sources told the Philadelphia Inquirer that investigators are exploring this possibility

Although robbery may be at least part of the motive in the first shooting, other movies are unclear.

NBC10 reported that law enforcement sources told the station all three victims were targeted because they were gay, but the Philadelphia Police Department did not confirm this.

The Philadelphia Police Department replied to PGN’s questions with an email stating, “This remains a very active investigation, and investigators are looking at all aspects of the case, including underlying motivations for committing these crimes.

“At this point, we can confirm that Melchur is wanted for two homicides by shooting and one non-fatal shooting, all of which occurred in the Hunting Park area. 

“The investigation has not established that the victims were specifically targeted because of their sexual orientation.”

The Philadelphia Police Department is urging anyone with information to contact the Homicide Unit at 215-686-3334 or submit an anonymous tip by calling the PPD Tip Line at 215-686-TIPS (8477).

(This story is republished with permission of the Philadelphia Gay News.)

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