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Gibbs unsure if ‘Don’t Ask’ report will influence military chiefs

White House spokesperson: Legislative action best way to end law

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White House Press Secretary Robert Gibbs said he doesn't "want to presume" how the Pentagon "Don't Ask, Don't Tell" report will influence service chiefs.. (Washington Blade photo by Michael Key)

White House Press Secretary Robert Gibbs on Monday said he’s unsure whether the results of the Pentagon study on “Don’t Ask, Don’t Tell” will move the four service chiefs to support an end to the law as he suggested that unanimous support among the military leaders won’t be necessary for moving forward.

Asked by the Washington Blade whether President Obama anticipates that the service chiefs will favor repeal following the completion of the Pentagon report, Gibbs said he doesn’t “want to presume” where they would stand after the study is finished, noting the president hasn’t yet seen it.

“I think the service chiefs as I understand it are meeting with the chairman of the Joint Chiefs and the secretary as we get closer to this report coming out in order to discuss where they are based on that survey,” Gibbs said. “The president has not yet seen that survey, so I don’t want to presume whether based on those results that would change their opinions on it.”

Pressed to clarify whether the intent of the year-long study was to bring the military leaders such as the service chiefs on board with repeal, Gibbs hinted that “whether you have unanimous agreement or not” among the military leaders isn’t necessary to move forward.

“The president has known where people have stood on this policy for as long as he’s supported changing that policy,” Gibbs said. “So, I think it will be important to again view the attitudes and to use those attitudes to craft a pathway to implementing a changed legislative policy.”

Gibbs also implied that the president hasn’t recently spoken to the service chiefs about getting them to support repeal during the lame duck session of Congress as he noted Obama had previously spoken to them on this issue.

“I know the president has spoken previously with the service chiefs on this subject and expect that as this report is finalized and released that he’ll have an opportunity to speak directly with the chair, the vice-chair and the service chiefs as the process moves forward,” Gibbs said.

Obama has said — notably in January during the State of the Union address — that part of his effort in repealing “Don’t Ask, Don’t Tell” is working with the military to make it happen. The Pentagon working group, established by Defense Secretary Robert Gates in February, was seen as part of this process.

The service chiefs have heretofore been against the legislative effort to repeal “Don’t Ask, Don’t Tell.” In May, the service chiefs of the Navy, Army, Air Force and Marine Corps sent a joint letter to Congress urging lawmakers to wait for the Pentagon report — now set for release on Nov. 30 — before taking action.

But in an interview Saturday with the National Journal, Navy Chief of Staff. Adm. Gary Roughead reportedly praised the Pentagon report — and the surveys sent to 400,000 service members that were a component of that study — and said he’s “just trying to put it all in context.”

“I think the survey, without question, was the most expansive survey of the American military that’s ever been undertaken,” Roughead was quoted as saying. “I think the work that has been done is extraordinary.”

The Navy chief reportedly added that he’s “eager to see” where repeal “goes on the Hill.”

The last public statements of the Army and Air Force chiefs have them on the record as wanting to Congress to hold off before pursuing legislative action. Marine Corps Commandant Gen. James Amos last month took on the mantle as head of his service, and he has spoken out against repeal.

A number of U.S. senators have said they’re awaiting testimony from military service chiefs before making a decision on “Don’t Ask, Don’t Tell.” In his defense of the law, Sen. John McCain (R-Ariz.) has emphasized that the service chiefs — in particular Amos — have asked Congress to hold off on legislative action. A spokesperson for Sen. John Ensign (R-Nev.) has recently said the senator is awaiting testimony from the service chiefs before making a decision on the issue.

Also during the news conference, Gibbs counted “Don’t Ask, Don’t Tell” repeal among the legislative items that Obama wants to see happen during the lame duck session of Congress and argued that legislative action is better than having the courts overturn the law. Senate Majority Leader Harry Reid (D-Nev.) has committed to a vote on “Don’t Ask, Don’t Tell” before the year’s end.

“There are issues around ‘Don’t Ask, Don’t Tell’ that the president and, I think, many people believe are best dealt with through the legislative process and not through a legal system,” Gibbs said.

Gibbs maintained that overturning the gay ban through court order is “not likely to provide the Pentagon and others with a pathway” for implementing repeal and said “doing this legislatively” is the best way to end the law.

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A partial transcript of Gibbs’ remarks on “Don’t Ask, Don’t Tell” follows:

Robert Gibbs [on the legislative agenda for lame duck]: … There are issues around “Don’t Ask, Don’t Tell” that the president and, I think, many people believe are best dealt with through the legislative process and not through a legal system. …

National Public Radio: Has the president asked the Pentagon has the Pentagon to hurry up to Nov. 30 the report — it’s internal report —

Gibbs: I think the original date was Dec. 1. Obviously, the report is being released a day or so early in order to have some informed hearings on the survey and its results. I think those, hearings, if I’m not mistaken, start on the 1st.

But I think it’s important if you look at what others have said particularly — take for instance Secretary Gates — we know we can do this legislatively. The House has done this; the Senate can do this — do this legislatively, which provides an avenue to implement the policy. The court doing this is not likely to provide the Pentagon and others with a pathway for doing this, and I think in order to do this in a way that the president want to see that doing this legislatively is the best way to do this. …

Washington Blade: Robert, back on “Don’t Ask, Don’t Tell,” the service chief of the Navy recently praised the Pentagon report and said he’s eager to see what happens with the Hill with regard to repeal. But the remaining three service chiefs — they’re all on the record as saying they want to wait for the report to come out before Congress takes action. Does the president that once the report comes out, the service chiefs will be on board in favor of repeal?

Robert Gibbs: I don’t — I think the service chiefs as I understand it are meeting with the chairman of the Joint Chiefs and the secretary as we get closer to this report coming out in order to discuss where they are based on that survey. The president has not yet seen that survey, so I don’t want to presume whether based on those results that would change their opinions on it. I think it’s best not to get too far down the road on commenting on that until we chance to personally see the substance.

Blade: But wasn’t that the purpose of the study, though? You’ve said the president has supported repeal since you’ve known him, and the president has said he wants to work with military leaders — in the State of the Union address — he said he wants to work with military leaders to get them on board with repeal. So, what the point of this report if not to get those service chiefs on [board]?

Gibbs: I’m not saying they won’t. I’m just saying — I think the original question you asked me is would that report change their mind. I haven’t seen the report, and the president hasn’t seen that report and neither of us have had an opportunity to talk with the chiefs. That’s not to say that it won’t; that’s not to say that — and quite frankly, that’s not to say whether or not — whether you have unanimous agreement or not that the policy — look, the president is going where people have stood on this policy for as long as he supported changing that policy. So, I think it will be important to again view the attitudes and to use those attitudes to craft a pathway to implementing a changed legislative policy.

That’s what the president has advocated through this process. Again, I can’t — we may have a better sense of that when we get an opportunity to talk to those who have seen the report and get a chance to look at that report ourselves.

Blade: Has the president had conversations directly with the service chiefs to get them in favor of legislative repeal during the lame duck session of Congress?

Gibbs: I know the president has spoken previously with the service chiefs on this subject and expect that as this report is finalized and released that he’ll have an opportunity to speak directly with the chair, the vice-chair and the service chiefs as the process moves forward.

Watch a video of the exchange here (via Think Progress):

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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

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

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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

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

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.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

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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