National
Obama admin. to SCOTUS: Let us keep enforcing ‘Don’t Ask’
Justice Dept. files brief defending stay against injunction
The Obama administration on Wednesday continued its defense of “Don’t Ask, Don’t Tell” in court by filing a brief with the U.S. Supreme Court asking for continued enforcement of the military’s gay ban while an appellate court considers its constitutionality.
In the document, Acting U.S. Solicitor General Neal Kumar Katyal argues in favor of a U.S. Ninth Circuit Court of Appeals’ stay against an injunction that would have prohibited enforcement of “Don’t Ask, Don’t Tell.”
Katyal argues that the stay is necessary because the injunction would cause “the government the kind of irreparable injury that routinely forms the basis for a stay pending appeal.”
“This case does not present the sort of exceptional circumstances that would warrant interference with an interim order of the court of appeals,” Katyal writes. “That court’s stay simply preserves the status quo pending its consideration of the merits of this facial challenge to a federal statute governing military affairs that has been in force for 17 years.”
The injunction was issued last month by U.S. District Court Judge Virginia Phillips after she ruled “Don’t Ask, Don’t Tell” violated gay service members freedom of speech and due process rights under the U.S. Constitution.
Among other reasons for maintaining the stay, Katyal argues that Log Cabin fails to show reasonable probability that the Supreme Court would take up the case if the Ninth Circuit reverses Phillips’ decision. Additionally, Katyal argues that the injunction would “short-circuit the Executive Branch’s review process” and the work of Pentagon in developing a plan to implement repeal of “Don’t Ask, Don’t Tell.”
“Without sufficient time for such training and guidance, an immediate court-ordered repeal of the statute would risk disruption to military commanders and service members as they carry out their missions, especially in zones of active combat,” Katyal writes.
Last week, lawyers representing Log Cabin Republicans, which filed the litigation against “Don’t Ask, Don’t Tell” in 2004, asked the Supreme Court to lift the Ninth Circuit’s stay on the “Don’t Ask, Don’t Tell” injunction. The Ninth Circuit had granted the stay after the Justice Department asked for the order and appealed a district court’s decision against the law to the appellate court.
The decision on whether to vacate the stay is now before U.S. Associate Justice Anthony Kennedy, who’s the circuit justice for the Ninth Circuit. Whether the entire Supreme Court will be involved in the decision on vacating the order is up to Kennedy. The justice may decide for himself of refer the application to his colleagues on the bench.
A source familiar with the case, who spoke on condition of anonymity, estimated that the Supreme Court would make a decision on whether or not to vacate the stay in a week.
Doug NeJaine, who’s gay and a law professor at Loyola Law School, predicted that the Supreme Court would side in favor of the U.S. government and allow the stay to continue.
“Preserving the status quo — both in affirming the Ninth Circuit and maintaining the stay pending litigation on the merits — is the least controversial thing to do,” NeJaime said. “Plus, I doubt that the Court wants to get involved in the merits of the policy at this point, which is what analyzing the stay question (and particularly the likelihood of success on the merits prong) would require.”
Fred Sainz, the Human Rights Campaign”s vice president of communications, said Log Cabin “did the right thing” by asking the Supreme Court to lift the stay on the injunction against “Don’t Ask, Don’t Tell” and said the organization and its attorneys “have a responsibility to use every tool in their legal arsenal.”
“At the very least, it continues to bring attention to this issue and puts the Justice Department under enormous pressure if they choose to continue defending a law that has [now] been ruled unconstitutional,” Sainz said.
Download a copy of the Justice Department’s brief to the Supreme Court here.
The White House
Kennedy Center leadership changes as Trump ally Grenell departs
Numerous productions cancelled shows during gay Trump loyalist’s tenure
Longtime Trump ally and openly gay “Special Presidential Envoy for Special Missions of the United States” Richard Grenell is stepping down from his leadership role at the John F. Kennedy Center for the Performing Arts.
The story was first reported by Axios on March 13 before President Donald Trump made any official statements about the leadership change at the Kennedy Center, which has undergone a sweeping overhaul of rule changes and pro-Trump appointees to its board since Trump took office in 2025.
In addition to packing the Kennedy Center boardroom with loyalists and appointing himself chair of the board in February 2025, the Trump-Vance administration has placed the president’s name on the facade in an attempt to rename the center — despite the move being illegal without an act of Congress to officially change its name. The administration has also painted the building’s columns white and removed diverse programming.
Since these changes, multiple shows have pulled out of performing at the historic venue — including productions associated with the Washington National Opera.
Matt Floca, the former vice president of facilities operations at the national cultural center under Grenell, has been named the new head of the Kennedy Center, according to Trump.
The change is expected to be announced at a Kennedy Center board of directors meeting at the White House on Monday, which Trump is expected to attend.
“I am pleased to announce that Matt Floca, subject to the approval of the Board of Directors, will be named the Chief Operating Officer and Executive Director of THE TRUMP KENNEDY CENTER where, as Vice President of Operations, Matt has helped us achieve tremendous progress in bringing the Center to the highest level of Excellence!” Trump wrote in a post on Truth Social. “A Complete Reconstruction of THE TRUMP KENNEDY CENTER will begin after the July 4th Celebration, with a scheduled Grand Re-Opening in approximately two years.”
“Ric Grenell has done an excellent job in helping to coordinate various elements of the Center during the transition period, and I want to thank him for the outstanding work he has done,” the post added. “THE TRUMP KENNEDY CENTER will be, at its completion, the finest facility of its kind anywhere in the World! — President DONALD J. TRUMP.”
Grenell previously served as U.S. ambassador to Germany and later as acting director of national intelligence during Trump’s first term. He led the Kennedy Center during a period in which its programming was reshaped and new board members aligned with Trump were appointed. Trump also named himself chair of the board.
Congress approved $257 million in reconstruction funding for the Kennedy Center in last year’s spending package, a project estimated to take roughly two years to complete. Kennedy Center officials have also said they implemented increased cost-cutting measures — including large-scale layoffs — and that staff salaries are no longer being paid using debt reserves.
Actor Harvey Fierstein, a longtime critic of Trump’s takeover of the cultural institution and an award-winning openly gay performer, posted on Instagram celebrating Grenell’s departure.
“Good old anti-LGBTQ+ self-loathing dick licker, #RichardGrenell, is moving on to ruin something new under the auspices of our demented war-mongering MAGA fool Prez,” Fierstein wrote. “Maybe #RicGrennell can open a little boutique selling red baseball hats. But first, after destroying the Kennedy Center for the Arts, he’s earned a vacation. Maybe he and Kristi Noem can go puppy hunting together. They can tell each other tales of when they were once called ‘the best people’ and other fairy tales.”
Federal Government
Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House
Andry Hernández Romero had asked for asylum in US
A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.
Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.
The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.
Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.
Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.
“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.”
Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.
‘Due process and accountability cannot be optional’
Immigrant Defenders Law Center on Friday also made the following demands:
- The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released.
- The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.
- DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.
- DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.
- Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.
“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.”
“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.”
The White House
Trump proclamation targets trans rights as State Dept. shifts visa policy
Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.
In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.
“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.
One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.
The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.
However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.
The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”
Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.
According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.
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