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Murphy: Obama will ramp up efforts after ‘Don’t Ask’ report

Pa. lawmaker says repeal can happen this year

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Rep. Patrick Murphy (Blade photo by Michael Key)

The champion of “Don’t Ask, Don’t Tell” repeal in the U.S. House maintains that President Obama will provide the “full spectrum” of engagement in getting the military’s gay ban repealed once the Pentagon completes its report on the issue.

In an interview Tuesday with the Washington Blade, Rep. Patrick Murphy (D-Pa.) said Obama has been engaged in moving Congress to repeal “Don’t Ask, Don’t Tell” and that this effort will expand once the Pentagon working group report — due Dec. 1 — is complete.

“I think there are different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement,” Murphy said.

The first Iraq war veteran elected to Congress said he expects this “full spectrum of engagement” to come from not only the White House, but also the president’s “own Department of Defense.”

Murphy said he hasn’t seen a draft copy of the report, but noted media reports indicating that the study will be favorable to open service in the U.S. military. He said the study should have a positive impact on senators who’ve said they wanted to wait for the report before endorsing “Don’t Ask, Don’t Tell” repeal.

“The study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do,” Murphy said. “And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.”

Sen. Joe Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, and Sen. Susan Collins (R-Maine) sent a letter to the Pentagon on Monday calling for the report to be made available to members of Congress as soon as possible. The Human Rights Campaign issued a similar statement last week.

Asked whether he similarly thinks the report should be available now, Murphy replied, “I think they should release it as soon as it’s completely done.”

Murphy said he’s participated in discussions with Senate leadership and Senate Armed Services Committee Chair Carl Levin (D-Mich.) about moving forward with the fiscal year 2011 defense budget bill, which currently contains “Don’t Ask, Don’t Tell” repeal.

Still, the Pennsylvania lawmaker didn’t offer details on the discussions and characterized them only as “productive.”

Amid reports that talks are taking place to potentially strip the defense authorization bill of its repeal language, Murphy said Republicans have sought a bill without the “Don’t Ask, Don’t Tell” provision.

“I think that’s what the Republicans would like to see,” Murphy said. “But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal ‘Don’t Ask, Don’t Tell’ and put it on the president’s desk, so he can sign it into law.”

With limited time remaining this Congress, it’s possible lawmakers won’t repeal “Don’t Ask, Don’t Tell” this year, leaving Obama to come up with another game plan — perhaps non-congressional action such as a stop-loss order — to put an end to the gay ban.

But Murphy was reluctant to call on Obama to issue a stop-loss order to end discharges under “Don’t Ask, Don’t Tell” and maintained Congress can still repeal the law this year.

“Let’s cross that bridge when we get there,” he said. “Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.”

While seeing a path forward this year, Murphy doubts that Republican leadership in the 112th Congress will be willing to consider “Don’t Ask, Don’t Tell” repeal as part of its agenda.

Asked whether he thinks GOP leaders in the next Congress would be willing to address the issue, Murphy replied simply, “N0.”

During his time in Congress, Murphy has been seen as a leader for “Don’t Ask, Don’t Tell” repeal because of his work moving a measure that would end the ban through the U.S. House.

Murphy took up sponsorship of “Don’t Ask, Don’t Tell” repeal legislation last year, which at the time had about 150 co-sponsors, and gradually built support for the measure.

In May, the work paid off when Murphy submitted a repeal amendment to the House floor that passed by a vote of 234-194.

The work earned Murphy considerable support among the LGBT community in his bid for re-election. Still, he didn’t survive the Republican tide on Election Day and was defeated by his GOP opponent, Mike Fitzpatrick.

But Murphy said he isn’t going to “second guess” whether his leadership on “Don’t Ask, Don’t Tell” repeal contributed to his loss on Election Day.

“My dad taught me that if you don’t stand for something, you fall for anything,” Murphy said. “And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.”

Even with his loss, Murphy said he stands by other tough votes in his district, such his “yes” votes on the $787 billion stimulus package and health care reform.

“We stopped the worst recession from turning into a depression,” Murphy said. “As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.”

And what’s on Murphy’s docket once his term is complete at the end of the year?

“I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game,” Murphy said. “That’s the game plan.”

The transcript of the Murphy interview follows:

ON ELECTION RESULTS

Washington Blade: What’s your take on the election results on Nov. 2? Do you think that your leadership on “Don’t Ask, Don’t Tell” repeal contributed to your loss on Election Day?

Rep. Patrick Murphy: You know, I’m not going to second guess anything. My dad taught me that if you don’t stand for something, you fall for anything. And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.

Blade: Why do you think you think you lost on Election Day?

Murphy: I think it was a tough year for Democrats, and I think my opponent ran a great campaign, and I’m proud of the support that we had, but it was an historic wave that we got caught up in, but … we’re going to continue to stand for middle-class families and for our country and do what’s right.

Blade: Is there anything over your past two terms in Congress that you regret? Anything that you think you could have done differently to win re-election?

Murphy: You know, I don’t live my life with regrets. There’s things here and there. I wish I would have played the lottery numbers differently on Saturday night. … We had an incredible time serving the families of my district and our country, and we helped protect 3,000 jobs, we helped end the war in Iraq, we helped move our country in a new direction. …

Blade: So the vote for the stimulus package, the vote for the health care bill — you stand by them today?

Murphy: Absolutely.

We stopped the worst recession since the Great — we stopped the worst recession from turning into a depression. As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.

ON ‘DON’T ASK’ REPEAL IN LAME DUCK

Blade: How confident are you that Congress is going to be able to repeal “Don’t Ask, Don’t Tell” in the lame duck session?

Murphy: Well, we need the Senate to act. It’s in the Senate’s hands. We did our job over here in the House. I was proud to lead that effort and now we’re continuing to put the appropriate pressure on the Senate to do what’s right for national security.

We’re still in Afghanistan and Iraq and we cannot be forcing honorable men and women who are willing to take a bullet to keep our families safe to be thrown out just because they happen to be gay.

Blade: Are there any conditions that you think need to be met — anything that you think needs to happen — to muster enough support for the Senate to move forward?

Murphy: I think we’ll see — we need the senators, especially on the Republican side, to do what’s right for our troops, and I think it couldn’t be more clear. A lot of them said, “Well, let’s see what the study group says.” Well, the study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do.

And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.

Blade: Have you had conversations with Senate leadership or Senate Armed Services Committee Chair Carl Levin about moving forward with the defense authorization bill in lame duck?

Murphy: Yes.

Blade: How would you characterize those conversations?

Murphy: Productive.

Blade: What made them so productive?

Murphy: You’ll see.

Blade: How serious do you think this talk is of moving forward with the defense authorization bill with the “Don’t Ask, Don’t Tell” language stripped? Is that a serious option that’s on the table?

Murphy: I think that’s what the Republicans would like to see. But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal “Don’t Ask, Don’t Tell” and put it on the president’s desk, so he can sign it into law.

Blade: You mentioned the media reports on the Pentagon study. Do you see that having an impact right now on influencing some senators who were on the fence in getting them to support “Don’t Ask, Don’t Tell” repeal?

Murphy: I hope so because they looked their constituents and the American public in the eye and said, “As soon as this working group comes back, we’ll do the right thing on what it says.” Well, the report came out, it shows how the American military feels that this is a non-issue and that there is … 26 other countries who allow their members to serve openly, and for the American troops, it’s offensive to them to think that they’re not as professional as 26 other countries.

So, hopefully, our senators recognize that and will do what’s right.

Blade: Have you seen the draft report?

Murphy: No.

Blade: Should the Pentagon release the report immediately — the official report? And, if they do that, what kind of impact do you think that would have on getting the ball rolling?

Murphy: I would like to read it, and I would like to see it, and I look forward to reading it.

Blade: But should they release that report immediately?

Murphy: I think they should release it as soon as it’s completely done.

ON THE OBAMA ADMINISTRATION

Blade: Do you think President Obama has been engaged in getting the Senate to move forward with “Don’t Ask, Don’t Tell” repeal in lame duck?

Murphy: Um, uh, yes.

Blade: What evidence do you see of him doing that?

Murphy:  Well, I think there’s different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement.

Blade: During a recent press conference, White House Press Secretary Robert Gibbs didn’t identify “Don’t Ask, Don’t Tell” repeal as among the legislative items the president wants to see in lame duck. Is that of concern to you?

Murphy: I think they were waiting for the report to come out. The report is days away from coming out officially — and not just excerpts of it that we’ve all read.

Blade: Is there anything more right now that the president could be doing to get the Senate to move forward with “Don’t Ask, Don’t Tell” repeal?

Murphy: I think once the report comes out we’ll see the full spectrum of engagement from — and the appropriate amount of engagement from the White House once that report comes out from his own Department of Defense.

Blade: Do you think Defense Secretary Robert Gates right now is being engaged in getting the Senate to move forward with the defense authorization with “Don’t Ask, Don’t Tell” repeal?

Murphy: I look forward to Gen. [Carter] Ham’s testimony on Thursday.

Blade: But do you think Secretary Gates is engaged?

Murphy: I look forward to Gen. Ham’s testimony on Thursday.

Blade: Do you think that this process — having a year-long study to examine “Don’t Ask, Don’t Tell” — was the appropriate way to address the issue? Do you think it jeopardized legislative efforts for repeal by leaving only a small window open for action in lame duck?

Murphy: Well, I think the premise behind the study was that — how we’re going to implement “Don’t Ask, Don’t Tell” [repeal], not if we’re going to repeal “Don’t Ask, Don’t Tell.” So, I think it’s interesting — to read that report and how we’re going to implement it.

But the reality of this is I think that we have time to act. We all serve until Jan. 3, and we need to get out there.

Blade: There’s also been some action in courts. A California federal court ruled “Don’t Ask, Don’t Tell” unconstitutional, and for eight days, had an injunction in place preventing enforcement of the law. Do you think it was a mistake for the Obama administration to appeal this ruling?

Murphy: Well, you know, it’s interesting. I actually met a soldier who went and enlisted after that injunction came out. And then, … he was going to get his physical and they had to withdraw.

I think that’s why it’s very clear that Congress needs to do its job and that we can’t punt this to the courts or to the White House. We need to get after it and finally repeal the law that Congress put into place 16 years ago. …

Blade: In the event that Congress doesn’t repeal “Don’t Ask, Don’t Tell” in lame duck, do you think the president should issue a stop-loss order to stop the discharges?

Murphy: Let’s cross that bridge when we get there. Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.

ON THE NEXT CONGRESS

Blade: In the event that Congress can’t do it this year —

Murphy: Congress can do it this year. We all serve until Jan. 3.

Blade: Do you think the 112th Congress will be in an equal position to appeal “Don’t Ask, Don’t Tell” compared to the 111th Congress?

Murphy: I guess time will tell. We’ll see.

Blade: Do you think Republican leadership in the House will be willing to consider “Don’t Ask, Don’t Tell” repeal?

Murphy: No.

Blade: If this fight continues, can you recommend someone in the 112th Congress who can take up the mantle of “Don’t Ask, Don’t  Tell” repeal in the U.S. House?

Murphy: Let’s get it done in the 111th Congress now. …

ON HIS PERSONAL FUTURE

Blade: Once your term expires, what do you plan to pursue when you go back to Pennsylvania?

Murphy: I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game. That’s the game plan.

Blade: Is there an occupation that you intend to pursue?

Murphy: We’ll see.

Blade: Do you plan on continuing to be an advocate for open service in the military?

Murphy: I continue to plan on serving my country in some capacity and fighting for the lives that I believe in to make our country even greater.

Blade: And open service in the military is among them?

Murphy: Yes.

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.” 

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”




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The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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