National
Pentagon official: No ‘Don’t Ask’ report before Dec. 1
Senate panel questions Gen. Ham on study
A co-chair of the Pentagon’s “Don’t Ask, Don’t Tell” working group has said he doesn’t think an upcoming report on implementing repeal will be complete before the Dec. 1 deadline — despite requests from lawmakers and LGBT advocates to make the study available earlier.
Army Gen. Carter Ham, one of two co-chairs leading the Defense Department working group, made the remarks during his confirmation hearing on Thursday before the Senate Armed Services Committee. The four-star general has been nominated to become commander of U.S. Africa Command.
During the hearing, Senate Armed Services Committee Chair Carl Levin (D-Mich.) noted Ham said prior to his testimony he wasn’t authorized to discuss the content of the report at this time. The committee chair reiterated his commitment to hold hearings and hear testimony from Ham shortly after the working group provides the report to Defense Secretary Robert Gates.
Still, Levin said he had questions about the timing of the report and asked whether the Pentagon working group, which Ham co-chairs along with Pentagon general counsel Jeh Johnson, would be finished with its study before the Dec. 1 deadline.
Ham replied that he thinks “it will take until the first of December” for the Pentagon working group to complete its work because those crafting the report are still awaiting input from the military service secretaries and service chiefs.
“The key factor remaining for us in the review group is to receive the review and comment by the service chiefs and service secretaries, which is ongoing,” Ham said. “We anticipate their comments soon, Mr. Johnson and I will review those comments, make final adjustments to the report, which is currently in draft form and then deliver to the secretary of defense on 1 December.”
Asked by Levin whether the group could make “every effort” to make the report available before Dec. 1, Ham replied, “Yes sir, in consultation with the secretary’s office.”
On Monday, Sens. Joseph Lieberman (I-Conn.) and Susan Collins (R-Maine) sent a letter to the Pentagon asking for the release of the report “as soon as possible.” The Human Rights Campaign issued a similar statement on the report last week and argued that an early release of the report could influence fence-sitting senators who have yet to endorse “Don’t Ask, Don’t Tell” repeal.
Also during the hearing, Sen. John McCain (R-Ariz.), a strong opponent of “Don’t Ask, Don’t Tell” repeal and critic of the Pentagon report, asked questions suggesting the survey that was conducted as part of the working group’s efforts was biased in favor of repeal.
Over the summer, the Pentagon sent out 400,000 surveys to active duty service members to solicit their views on serving alongside openly gay troops in the U.S. military. According to a recent media report in the Washington Post, the survey found that more than 70 percent of respondents think the effect of ending “Don’t Ask, Don’t Tell” would be positive, mixed or nonexistent.
McCain asked whether 400,000 surveys were indeed sent out, which Ham confirmed, and then asked how many responses were received. Ham said the Pentagon group received a little more than 115,000 responses.
“Like 25 percent?” McCain continued, suggesting that the response rate was too low to consider the data valid.
But Ham corrected the Arizona senator and said the received responses made up 28 percent of the surveys sent out.
McCain also asked questions about the wording of the survey and suggested bias in favor of repeal was present here as well.
“Isn’t it true that the survey said in a preamble — said DOD is considering changes to the ‘Don’t Ask, Don’t Tell’ policy that quote ‘would allow gay and lesbian service members to serve in the military without risk of separation because of their sexual orientation,'” McCain said. “Is that true?”
Ham confirmed that this wording was indeed part of the preamble for the survey.
The content of recent media reports about the upcoming report was also discussed during the hearing. Lieberman asked whether the information revealed by the leaks was “just one part” of what the Pentagon group intended to do and inquired about other information that would emerge.
Ham responded by outlining the terms of reference for the report and said there were “two tasks.” One was to assess the impact of repeal on concerns such as battle effectiveness and recruitment, and the other was to develop a plan to implement an end to “Don’t Ask, Don’t Tell.”
The general noted the working group obtained information from service members through surveys, focus groups, an online inbox and town hall meetings. To obtain to views of gay service memebers currently in the armed forces without outing them under “Don’t Ask, Don’t Tell,” Ham said the working group established a “confidential conversation mechanism” through a third-party company.
“All in all, senator, we believe this is probably, as far as I could tell, the most comprehensive assessment of a personnel policy matter that the Department of Defense has conducted,” Ham concluded.
Lieberman said he agrees that the report is “very comprehensive” and “should inform the decision that Congress makes in voting.”
Sen. Jim Webb (D-Va.), who in May opposed a repeal amendment in committee, also praised the report during the hearing and emphasized it should guide congressional action on the issue.
“I think it’s important, if I may, to quote from what Sen. Lieberman just said,” Webb said. “He said this study ‘should inform the decision that the Congress makes in voting.’ We tend to forget that in our political haste here. This is a very important study for us, not simply to receive, but to examine and to discuss.”
A former Navy secretary, Webb noted he spent five years at the Pentagon and said he “can’t remember a study on this type of issue that has been done with this sort of care.”
“Not even having seen it or knowing the results, but I know the preparation that went into it,” Webb said. “So it’s going to be a very important study for us to look at and examine.”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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