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Gates raises bar for ‘Don’t Ask’ discharges

Decision delegated to service secretaries and other Pentagon leaders

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Defense Secretary Robert Gates issued guidance to Pentagon leaders on Thursday raising the rank of officials who can expel service members under “Don’t Ask, Don’t Tell,”  prompting questions about whether the new procedure would bring discharges to a halt.

In a memo dated Oct. 21, Gates said he’s issuing the changes “in light of the legal uncertainty”‘ surrounding “Don’t Ask, Don’t Tell” in the wake of recent court actions striking down and then reinstating the law.

According to memo, discharges can only happen under “Don’t Ask, Don’t Tell” by the personal approval of the military service secretary of the department concern “in coordination” with other Pentagon officials.

“[I]n order to further ensure uniformity and care in the enforcement of the Don’t Ask, Don’t Tell law and policy during this period, effective immediately and until further notice, no military member shall be separated pursuant to 10 USC 654 without the personal approval of the Secretary of the miliary department concerned, in coordination with the Undersecretary of Defense for Personnel and Readiness and the general counsel for the Department of Defense,” Gates writes.

A second memo issued the same day also outlining the changes was sent out by Under Secretary of Defense for Personnel and Readiness Clifford Stanley.

Stanley also advised gay, lesbian and bisexual service members currently in the military to think twice about making their sexual orientation public.

“We note again for Servicemembers, that altering their personal conduct during this period, in reaction to last week’s injunction, may have adverse consequences for themselves or other depending upon the state of the law,” Stanley writes.

On Thursday, members of the media during a news conference questioned a senior Pentagon attorney, who spoke on the condition of anonymity, about whether the change in the process effectively halts discharges under “Don’t Ask, Don’t Tell.”

“I would not try to overinterpret what’s on the paper,” the attorney said. “It’s an effort to further ensure uniformity and care in enforcement of the law during the legally uncertain period.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the new change to appears to be giving all service members the same protections from “Don’t Ask, Don’t Tell” that were previous given to officers.

“All proposed [‘Don’t Ask, Don’t Tell’] discharges, regardless of grade and rank, will be reviewed at the highest civilian levels,” he said. “This can be a major constructive development for gay and lesbian service members.”

Sarvis said the change could “dramatically reduce” discharges, but noted the law remains on the books and service members shouldn’t come out.

“The fact that [‘Don’t Ask, Don’t Tell’] remains law further underscores the urgent need for the full Senate to vote for repeal when it returns to lame-duck session next month,” he said.

Richard Socarides, a gay New York attorney who served as a adviser for President Clinton, said he thinks the changes amounted to a “de facto moratorium” on “Don’t Ask, Don’t Tell.” Still, Socarides questioned why the Obama administration hadn’t taken this action sooner.

“This is what they should have done 20 months ago,” he said.

During the briefing, the Pentagon attorney said the reference in the memo to service secretaries working “in coordination” with the other defense officials to expel someone under “Don’t Ask, Don’t Tell” doesn’t “necessarily” constitute veto power over the discharge by the other officials.

“When the guidance is coordinate with A, B and C, that means you consult with them … and in the legal world, that means providing legal advice,” the attorney said. “Does it constitute the ability to veto? No, not necessarily. It informs the decision.”

The new changes also raises questions about what would happen to openly gay Americans who seek to enlist in the U.S. armed forces and announce their sexual orientation to recruiters. Under previous rules, they would have not been able to enter service.

But the Pentagon attorney expressed uncertainty about how the changes would affect recruiting and said he expects additional guidance later.

“We are complying with the law and there is nothing specific in this guidance about the recruitment situation, but I would expect that it will come together at perhaps the service level or within the recruitment community,” the attorney said. “They’ll develop guidance in reaction to this guidance.”

The Pentagon attorney said he “couldn’t comment” on whether communication took place between Gates and the White House before the new memo was issued.

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California

Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’

Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot

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(Screenshot of Steven Hilton ad)

Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and —  fill out a ballot voting for Steve Hilton? 

This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons. 

Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community. 

“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said. 

The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”  

Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies. 

Conservatives have also criticized the ad.

Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors. 

“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.” 

The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court. 

Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.

Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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Federal Government

Bessent says Trump chose him for his qualifications, not his sexuality

Treasury Secretary Scott Bessent talked with Axios about his sexuality — and how it played no role in his nomination for the position.

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

Treasury Secretary Scott Bessent participated in an interview in which he said his sexuality had no impact on the president’s selection of him.

On Sunday, Axios co-founder Mike Allen interviewed Secretary Bessent, the 79th person to lead the Treasury Department, in the “Cash Room” in the Treasury building. The two talked for more than 40 minutes about issues related to the current administration’s efforts for Axios’s YouTube channel.

Bessent has been something of an anomaly during this administration, breaking what many consider the “gay glass ceiling.” He is the first openly gay person to lead the U.S. Treasury Department, the first openly gay Senate-confirmed Cabinet member in a Republican administration, and the highest-ranking LGBTQ government official in U.S. history.

The two covered various ground — about the state of the U.S. economy, the various AI approaches by the Trump administration, and the war in Iran. All things that have made President Trump’s constant appraisal of the U.S. economy difficult to sell to the American people as the affordability crisis has worsened.

Toward the end of the interview, Allen asked Bessent about deciding not to attend the U.S. Naval Academy, knowing his sexuality would be a hindrance, and instead attending Yale University. Allen asked if his choice to attend the Ivy League school held him back in life.

“I don’t think it did at all, and it’s very difficult to talk about the counterfactual… but I don’t think going to Yale held me back,” Bessent said. “Maybe some people at other schools would think it might. But I think it makes you aware, and I’ve openly spoken about it before, too. I think maybe some of my career choices were influenced by it.”

The U.S. Naval Academy only began allowing openly LGBTQ students to apply — and be open about their sexuality — following the 2011 repeal of “Don’t Ask, Don’t Tell.” Prior to the policy’s removal, students could be removed from the school for violating the rules, including rules related to their sexuality.

“You said President Trump chose me because he believes I’m the best candidate, not because of my sexual preference or your green eyes…,” Allen said.

“Exactly,” Bessent replied. “And I think that’s one of the reasons we have such a great team. The president makes his decisions all the time. You know, he’ll occasionally tell me, ‘You’re breaking my friends’ hearts.’ They see you on TV and they want an intro, and we have to break the news to them.”

Bessent has been married to former New York prosecutor John Freeman since 2011, and they have lived together in South Carolina. There, they had two children through surrogacy.

Despite being a member of the LGBTQ community, Bessent has publicly supported Trump’s policies, including some that have drawn criticism from LGBTQ advocates and organizations. These include reductions to PEPFAR funding, policies removing transgender service members from the military, recognizing only two sexes, removing LGBTQ protections from Title IX, and other policies that LGBTQ advocates argue come at the cost of LGBTQ safety and protections.

The Washington Blade has reached out to the Treasury Department and Secretary Bessent’s team for comment and responses to these questions, including questions about how he views his identity and sexuality in relation to — and potentially at odds with — the policies and mission of the current administration. The Blade did not receive a response by publication time.

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