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Appellate court likely to rule today on stay of ‘Don’t Ask’ injunction (updated)

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The Washington Blade has learned that a U.S. appellate court will likely issue a decision today on whether not to extend a stay on an injunction against the enforcement of “Don’t Ask, Don’t Tell” issued by a lower court.

A source familiar with the case, who spoke on the agreement of anonymity, said the U.S. Ninth Circuit Court of Appeals will “most likely” make a decision on the issue of a stay before the end of afternoon Pacific Time. It’s unknown whether the court would allow the stay to continue or put the injunction against “Don’t Ask, Don’t Tell” back in place.

Earlier this month, U.S. District Court Judge Virginia Phillips issued a injunction against the enforcement of “Don’t Ask, Don’t Tell” that confirmed her earlier ruling against the law in September. But after the U.S. government appealed the decision to the Ninth Circuit, the higher court issued a temporary stay on the injunction.

The Obama administration has been seeking to make the stay on the injunction permanent as the Ninth Circuit considers the case of Log Cabin v. United States. Earlier this week, LGBT groups that support “Don’t Ask, Don’t Tell” repeal filed briefs with the appellate court asking them to deny the government’s request for a stay and leave the injunction in place.

UPDATE: Close of business passed in California with no word from the Ninth Circuit on the “Don’t Ask, Don’t Tell” stay. The source speaking on anonymity said a decision won’t come down until next week at the earliest.

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Trump nominates gay man for Treasury secretary

Hedge fund executive would be the second openly gay cabinet secretary

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Scott Bessent (Screen capture: YouTube)

President-elect Donald Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury secretary on Friday.

Once a prolific donor to Democrats and a protege of liberal billionaire philanthropist George Soros, if confirmed Bessent would be the first LGBTQ official to lead the Treasury Department and the second gay cabinet secretary after Transportation Secretary Pete Buttigieg.

“Trumpā€™s selection of Bessent, who is also openly gay, married, and has two children with his partner, is also a reminder of President Trumpā€™s love and respect for LGBT Americans,” the conservative LGBTQ group Log Cabin Republicans said in a statement.

ā€œScott Bessent is a terrific choice to become the next Treasury Secretary and the Log Cabin Republicans applaud President Trump for his pick,” the organization wrote. “As one of the most brilliant minds in the financial space and a vocal supporter of President Trumpā€™s economic agenda, Bessent will be a strong asset to help President Trump put America back on the path to financial security and economic prosperity.”

Equality Forum, a national LGBTQ civil rights organization, which oversees LGBT History Month, noted the nomination of Scott Bessent in a press release, writing that he “is highly regarded by the financial community and founder of a global macro investment firm.”

Equality Forum Executive Director Malcolm Lazin added, ā€œIf confirmed, Bessent will be the highest ranking openly gay U.S. government official in American history.”

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Karine Jean-Pierre addresses anti-trans bathroom policy targeting Sarah McBride

HRC condemns the effort as ‘cruel’ and ‘discriminatory’

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White House Press Secretary Karine Jean-Pierre speaks at the White House press briefing on Wednesday, Oct. 11, 2023. (Washington Blade photo by Christopher Kane)

During a briefing on Thursday, White House Press Secretary Karine Jean-Pierre addressed the controversy over House Speaker Mike Johnson’s (R-La.) move to restrict access to single-sex facilities in the U.S. Capitol and House office buildings based on birth gender.

The new policy, which mirrors a proposal introduced by U.S. Rep. Nancy Mace (R-S.C.) on Monday that was supported by other House Republicans including U.S. Rep. Marjorie Taylor Greene (Ga.), comes as Congress prepares to welcome its first trans member, Sarah McBride.

Mace conceded that her bathroom policy was intended to target the Delaware state senator, who will represent the state’s at-large congressional district when she is seated in January.

“When I think about that question, I think about what the congresswoman-elect said,” Jean-Pierre told reporters, referencing a statement issued by McBride on Wednesday. “As you know, the president has a close relationship with and is very proud of her.”

She continued, “And what she said is ‘I’m not here to fight about bathrooms.Ā I’m here to fight for Delawareans and to bring down costs facing families.’ And we agree with her. We think that’s incredibly important: To focus on the American people” and her constituents.

Asked whether President Joe Biden has been in touch with McBride in recent days, Jean-Pierre said, “I don’t have a conversation to speak to,” adding that “as you know” the two spoke when the president made a congratulatory call to McBride on election night.

“He was able to call her and congratulate her,” the press secretary said. “I don’t have anything else to add, but I think her words speak volumes.”

McBride’s statement, published on X, reads in part, “Like all members, I will follow the rules as outlined by Speaker Johnson, even if I disagree with them. This effort to distract from the real issues facing this country hasnā€™t distracted me over the last several days.”

Following Johnson’s introduction of the bathroom policy on Wednesday, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade:

ā€œThis new cruel and discriminatory policy has nothing to do with helping the American people or addressing their prioritiesā€“itā€™s all about hurting people.

“It targets not just Rep.-elect McBride, but all trans and nonbinary people who work and visit the Capitol ā€” public servants who have been working in the Capitol for years but are now suddenly the subject of cynical political games.

Speaker Johnson has proven yet again that the Republican majority is more focused on culture wars than on the needs of the country.ā€

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Matt Gaetz withdraws nomination for attorney general

Former congressman was dogged by allegations of sex crimes, illegal drug use

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Now former U.S. Rep. Matt Gaetz (R-Fla.) speaks at the 2024 Republican National Convention (Washington Blade photo by Michael Key)

President-elect Donald Trump’s most controversial cabinet nominee so far, former U.S. Rep. Matt Gaetz (R-Fla.), has withdrawn his name from consideration for the role of U.S. attorney general after a week of intense scrutiny over the allegations of sex crimes and illegal drug use that have trailed the former congressman for several years.

Even with a Republican-led U.S. Senate, Gaetz’s path to confirmation was far from certain with senators expressing an interest in seeing the findings of a U.S. House Ethics Committee report about the lawmaker, who resigned from Congress two days before the document was to be made public.

Others, like U.S. Sen. Lisa Murkowski (R-Alaska), called Trump’s attorney general pick unserious or otherwise took issue with his lack of qualifications to lead the Justice Department. Gaetz’s legal experience is limited to a three-year stint at a small law firm in Florida’s Okaloosa County.

“While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance transition,” he said in a statement on X Thursday. “There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as attorney general.”

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