National
Pentagon study leaks are aiding repeal effort
Media reports influencing fence-sitting senators: advocates
Capitol Hill observers say recently leaked details about the upcoming Pentagon study on “Don’t Ask, Don’t Tell” are having a positive influence on the effort to repeal the military’s gay ban.
Meanwhile, some repeal advocates anticipate that congressional hearings will be held on the study before action on repeal is wrapped up.
Alex Nicholson, executive director of Servicemembers United, said “it’s undeniable” that the leaked findings were “extremely helpful” to repeal advocates.
“Whether or not it’ll take us across the tipping point, I don’t know,” he added. “That’s anybody’s guess. It’s undeniable that it moves us more in that direction, but people disagree on where that tipping point is.”
R. Clarke Cooper, executive director of the Log Cabin Republicans, said media reports on the Pentagon working group study are still too recent to properly assess their impact on convincing Republicans to vote in favor of repeal. Still, he said he’s confident the findings will “bring in additional votes.”
“It’s certainly a bolster to the case we’ve been making with Republican lawmakers and their staff that the study is beneficial, it’s very thorough and the terms that Defense Secretary Robert Gates laid out are very clear,” Cooper said.
Repeal advocates said they hope the leaks, which were published in the Washington Post, will bolsters efforts in the Senate to pass the fiscal year 2011 defense authorization bill, which contains language to end “Don’t Ask, Don’t Tell.” A previous vote to move forward with the legislation in September didn’t meet the 60-vote threshold to make it to the Senate floor.
On Wednesday evening, the Washington Post reported that the results of a survey sent to 400,000 U.S. service members over the summer as part of the Pentagon working group’s efforts will reveal that more than 70 percent of respondents think the effect of ending “Don’t Ask, Don’t Tell” would be positive, mixed or nonexistent. A similar report was published Thursday in The New York Times.
These survey results reportedly led study authors to conclude that objections to gays serving openly in the U.S. military would drop after the implementation of open service. The deadline for completing the study and delivering it to Defense Secretary Robert Gates is Dec. 1.
According to the Washington Post, the working group report is about 370 pages long and is divided into two sections. The first section examines whether ending “Don’t Ask, Don’t Tell” will harm unit readiness or morale. The second part offers a plan for ending enforcement of the law. This second section is not meant to serve as the military’s official instruction manual on the issue, but could be used as such if military leaders agreed.
A Democratic aide, who spoke to the Blade on condition of anonymity, said reporting on the Pentagon working group study is infusing pro-repeal efforts “with a newfound energy.”
“Some pro-repeal senators are already touting the findings in discussions with their colleagues, in hopes of galvanizing sufficient support for repeal,” the aide said. “The repeal effort was being hampered by the lack of a completed Pentagon study, but with the study complete — and showing that repeal can be implemented — the anti-repeal effort suddenly seems disingenuous.”
Joe Solmonese, president of the Human Rights Campaign, called on the Pentagon to make the working group report public.
“With the Senate soon turning its attention again to military policy, the results of the Pentagon review should be made available as soon as possible so undecided Senators are well informed,” Solmonese said.
But the leaked findings have already riled social conservatives seeking to keep the ban on open service in place. On Thursday, Tony Perkins, president of the Family Research Council, noted he’s previously taken exception to the Pentagon working group report because he said the scope of the study isn’t appropriate.
“We have criticized this study from the outset because the [Pentagon working group] was forbidden to explore the central question before the country — not how to implement a repeal of the current law, but whether doing so is in the best interest of the armed forces,” Perkins said. “The surveys of service members and their spouses, which were conducted as part of this process shared the same flaw, since they never asked, ‘Do you believe the current law should be overturned?’”
Perkins called on Gates to direct the Pentagon’s inspector general to investigate the source of the leaks and said the leaks to media outlets have “seriously damaged the credibility” of the Pentagon’s review process.
Reporting on the Pentagon study could influence a number of key U.S. senators who have said they want to see the results of the survey before acting on legislation.
A Republican aide, who spoke on condition of anonymity, said the media reports on the Pentagon’s study are having a “positive” impact on influencing those lawmakers to support “Don’t Ask, Don’t Tell” repeal.
“Members who have said let’s wait for the report don’t have much to turn to when the report comes out supportive,” the aide said.
Nicholson said senators who’ve “hinged their vote on the outcome of this review” could vote for a motion to proceed on the defense authorization bill, then use the report to guide their decision on a potential amendment related to the “Don’t Ask, Don’t Tell” language after the bill comes to the floor.
“Given the fact that the way it’s set up is that they can take a vote on cloture before Thanksgiving or before the report comes out … then that, in theory, doesn’t conflict with their stance because they’ll get to take a vote on ‘Don’t Ask, Don’t Tell’ after the report comes out,” Nicholson said.
The Center for American Progress has identified 10 senators and senators-elect who’ve said they want the Pentagon to complete the study before Congress acts on the military’s gay ban.
Among them are Sens. Scott Brown (R-Mass.), Lindsey Graham (R-S.C.), Judd Gregg (R-N.H.), John McCain (R-Ariz.), Mark Pryor (D-Ark.), Olympia Snowe (R-Maine), George Voinovich (R-Ohio) and Jim Webb (D-Va.). The newly elected senators who, because of state election laws, are expected to take their seats during the lame duck session — Mark Kirk of Illinois and Joe Manchin of West Virginia — have also made statements along those lines.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said there have been “no concrete changes yet” on the positions of the senators and senators-elect since the publication of the media reports on the Pentagon’s findings.
“Overall, I think it’s a positive to have the stories out there and now we need to see the report itself,” Sarvis said.
The Blade contacted all of those senators and senators-elect for comment. Only Webb’s office immediately responded. The Virginia senator has previously withheld support for repeal and said he wants to wait for the Pentagon survey results.
According to Webb’s office, the senator’s position hasn’t yet changed. Will Jenkins, a Webb spokesperson, said the senator “is awaiting the release of the final report so he can review the official survey result.”
But Nicholson said Webb’s support for repeal is of limited importance because the Virginia Democrat already voted in favor of cloture on the defense authorization when Senate leadership tried to move it to the floor in September.
“Webb voted for cloture, so it really doesn’t even matter,” Nicholson said. “If we can just get past that hurdle, we don’t need everybody on board for the motion to strike vote. So in theory, we don’t really need Webb.”
One open question is whether the results of the Pentagon working group report would prompt hearings in the Senate Armed Services Committee and whether those hearings will prevent the Senate from moving forward with the defense authorization bill and “Don’t Ask, Don’t Tell” repeal.
The Democratic aide said it’s “unknown” whether the report would prompt hearings in the committee, although such a scenario is possible.
“But McCain, for example, could try to force hearings … and [Senate Armed Services Committee Chair Carl] Levin could relent to McCain’s request,” the aide said.
Nicholson said he believes there will “definitely be a call for hearings” as a result of the Pentagon working group’s findings.
Lawmakers like McCain, Nicholson said, will want hearings to “tear the review apart” and “discredit everything they’ve done and just try to find ways to poke holes in the eventuality that’s coming.” Still, he said moderate senators would want hearings for different reasons.
“I would expect that they would also support hearings, but I think it remains to be seen whether or not they would let their desire for hearings obstruct moving forward on this right now,” Nicholson said.
Nicholson noted the “Don’t Ask, Don’t Tell” language provides for a 60-day review period that is “supposed to be exactly for” congressional review, such as hearing testimony. The review period begins after President Obama, the defense secretary and the chairman of the Joint Chiefs of Staff certify the U.S. military is ready for repeal.
Sarvis said the decision about whether to hold hearings is up to Levin and said he “may schedule hearings this year and next year.” Still, Sarvis said the hearings wouldn’t necessarily delay congressional action on “Don’t Ask, Don’t Tell.”
“I don’t know that the hearings would necessarily get in the way of floor consideration because committee hearings are usually held in the mornings, and the mornings in the Senate is not a time when the Senate usually is voting,” Sarvis said.
UPDATE: In a statement Friday, Geoff Morrell, a Pentagon spokesperson, said Gates is “very concerned and extremely disappointed” that Pentagon sources have leaked information about the “Don’t Ask, Don’t Tell” report and said he’s launching an investigation into the matter.
“The Secretary strongly condemns the unauthorized release of information related to this report and has directed an investigation to establish who communicated with the Washington Post or any other news organization without authorization and in violation of Department policy and his specific instruction,” Morrell said.
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
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