National
Lawsuit challenges ‘Don’t Ask’ separation pay
ACLU files class-action litigation
Mike Almy, a former Air Force officer, is among those who received half separation pay as a result of his discharge under "Don't Ask, Don't Tell." (Blade photo by Michael Key)
A new lawsuit filed over the halved separation pay given to some U.S. service members discharged under “Don’t Ask, Don’t Tell” is raising questions about why the Defense Department hasn’t taken action to resolve the issue.
Last week, the American Civil Liberties Union and ACLU of New Mexico filed a lawsuit in the U.S. Court of Federal Claims over administration policy cutting in half the severance pay that discharged troops who serve for at least six years in the armed forces would normally receive if they were separated for a reason other than homosexual conduct.
The policy was implemented in 1991, two years before Congress enacted the “Don’t Ask, Don’t Tell” statute, and could be changed by implementing new regulations without action from lawmakers or the courts.
Joshua Block, staff attorney for the ACLU’s lesbian, gay, bisexual and transgender project, said his organization filed the class action lawsuit, known as Collins v. United States, as a result of this severance pay inequity.
“Basically, if you’re discharged under ‘Don’t Ask, Don’t Tell’ [and serve for at least six years], under the policy there’s virtually no way you can qualify for full separation pay,” Block said.
The issue only affects service members separated under “Don’t Ask, Don’t Tell” who received honorable discharges and who have served for at least six years because only under those conditions do troops qualify for severance pay.
Further, because of the statute of limitations, the lawsuit would only affect service members who’ve been discharged under “Don’t Ask, Don’t Tell” within the last six years.
Block said the litigation was brought on behalf of all service members involuntarily discharged in the past six years and estimated that at least 100 discharged service members will qualify as part of the class of plaintiffs in the lawsuit.
The lead plaintiff in the litigation is Richard Collins, a former staff sergeant who was in the Air Force for nine years before he was discharged under “Don’t Ask, Don’t Tell.”
“After nine years of honorable service, it’s not fair that I should be deprived of the same benefits given to other dedicated service members who are adjusting to civilian life,” Collins said in a statement.
Another discharged service member who was affected by the pay inequity is Mike Almy, a gay former Air Force communications officer who testified earlier this year before the Senate about being discharged under “Don’t Ask, Don’t Tell” in 2006.
“I think it’s absolutely ridiculous,” Almy said. “It’s pouring salt on the wound. ‘Don’t Ask, Don’t Tell’ is horrendous enough as it is already. And then, when gays are thrown out the door, they’re even discriminated against once again in the severance pay that they receive.”
Almy said he received separation pay of $40,000 upon his discharge from the Air Force when he would otherwise have been entitled to $80,000.
The lawsuit was filed after the ACLU engaged with the Defense Department in November 2009 to change the policy in efforts that were ultimately unsuccessful. Correspondence had continued until as recently as August, when the ACLU threatened to sue the Pentagon over the lack of action.
Block said he’s hopeful the Pentagon would drop the policy as a result of the lawsuit and pay discharged troops they compensation they would normally receive.
“From our perspective, the litigation shouldn’t have been necessary in the first place, so we obviously hope that the government will do the right thing and pay these people the separation pay that they earned,” he said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said SLDN and the National Gay & Lesbian Task Force identified the issue more than a year ago as something that the administration could resolve with a policy change.
“In this case, [Defense] Secretary [Robert] Gates has the authority to stop this practice, and he should,” Sarvis said. “Not only should they stop it, we’ll also be seeking — as we have in the past — restitution on their back pay.”
Although the lawsuit has been filed, Sarvis noted “litigation is always protracted” and said the lawsuit could take years to resolve. Consequently, Sarvis said SLDN plans to continue pressing Gates to change the policy administratively and was set this week to meet with Pentagon officials to discuss the matter.
But why does the adminstration continue the policy when President Obama has said he wants to repeal “Don’t Ask, Don’t Tell” and the issue could be resolved with a stroke of a pen?
Eileen Lainez, a Pentagon spokesperson, said in a statement that department policy authorizes half separation payments to members who are “not fully qualified to continue to serve” and who are being involuntarily separated under honorable conditions.
“Currently, members being discharged for [‘Don’t Ask, Don’t Tell’] … receive half separation pay, because the law says they are not qualified to continue in service,” she added.
Almy said he has “no idea” why the Pentagon continues this policy and said the rationale for upholding the policy is similarly unknown to others.
“From the personnel people that I’ve been able to talk to at the Pentagon, no one really knows what the reason for that was,” Almy said.
Block also said he’s unsure why the adminstration hasn’t changed this policy as he noted the administration has a stated goal of wanting to repeal “Don’t Ask, Don’t Tell” through legislative action.
“They have to get that through Congress, and we understand they’re working on that, but this was a regulation that was passed before ‘Don’t Ask, Don’t Tell’ even came into existence,” Block said. “The administration can get rid of it anytime it wants without needing congressional approval to do so.”
New York
N.Y. governor’s race presents stark contrast on LGBTQ rights
Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman
As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.
Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.
Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.
Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.
Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state trans youth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.
Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.
“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”
On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.
Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.
A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.
LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.
In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision
Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.
Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The president made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”
The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. The campaign did not respond.
The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.
Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.
Illinois
Obama Center opens with tributes to marriage equality, LGBTQ progress
19.3 acre campus honors 44th president’s legacy
The Barack Obama Presidential Center held media previews on Thursday ahead of its official Juneteenth opening, marking the debut of the first presidential center dedicated to the 44th and only Black U.S. president.
The 19.3-acre campus, located on Chicago’s South Side within historic Jackson Park, features a museum, garden, basketball court, and a new branch of the Chicago Public Library.
Multiple artifacts related to the LGBTQ rights movement appear in the presidential museum’s collection, though none appeared to be on display at the time of publication, according to the center’s website.
Among the objects in the collection are the pen Obama used to sign the repeal of the “Don’t Ask, Don’t Tell” policy that prohibited gay, lesbian, and bisexual individuals from serving openly in the military; a set of Harvey Milk commemorative stamps honoring the first openly gay elected official in San Francisco; and an Out2Enroll rainbow sweat wristband used to connect communities — specifically LGBTQ people and their families, friends, and allies — with health insurance coverage options available under the Affordable Care Act.
The artifacts reflect a broader LGBTQ legacy associated with the Obama presidency.
During the televised opening ceremony, former first lady Michelle Obama thanked her husband for “standing up for marriage equality.”
During his presidency, Obama took a number of actions affecting LGBTQ Americans, including repealing “Don’t Ask, Don’t Tell,” signing the Matthew Shepard Hate Crimes Act, directing the Justice Department to stop defending the Defense of Marriage Act in court, expanding federal benefits and leave to same-sex domestic partners of federal and Foreign Service employees, broadening Affordable Care Act coverage for LGBTQ health issues, including HIV/AIDS prevention and treatment, and signing a 2014 executive order prohibiting federal contractors from discriminating based on sexual orientation or gender identity.
The opening event drew numerous celebrities, including Stevie Wonder, Christina Aguilera, Oprah Winfrey, and Tom Hanks.
It also attracted political figures from both sides of the aisle. One notable exception was President Donald Trump, who was not invited to the ceremony. All other living former presidents were invited and attended.
The Obama Presidential Center will open to the public on June 19, with tickets available on its website.
Florida
Intersex teacher alleges Fla. school fired him over perceived trans identity
Shepard Scalf filed a complaint with Equal Employment Opportunity Commission
An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.
Shepard Scalf in the filing says he was assigned female at birth but identifies as male.
According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans.
Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.
During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.
On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired.
According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”
“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”
According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.
In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.
The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.
“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”
Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.
“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.
Primary Day is not the end of election season in D.C.
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