National
Will time run out for ‘Don’t Ask’ repeal?
New optimism as Reid commits to vote, but hearings loom

Supporters of “Don’t Ask, Don’t Tell” repeal continue to fret about having enough time to pass a measure to overturn the military’s gay ban before year’s end even as Senate leadership has committed to a vote on the issue during the lame duck session of Congress.
An announcement last week from Senate Majority Leader Harry Reid (D-Nev.) that he would bring major defense legislation with repeal language to a vote bolstered the confidence of supporters as they acknowledge significant hurdles remain in reaching the finish line.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s “hopeful” that Congress will be able to enact repeal, but acknowledged that “the clock is our enemy.”
“I’m fearful of time running out on the bill before it’s finished or the prospects of strong opposition from a core group of senators who don’t want to see anything happen in the lame duck,” Sarvis said.
Debate on the defense authorization bill traditionally takes about two weeks in the Senate. Given that slightly more than one month remains in the legislative session this year, time for a debate and vote in the Senate — as well as time for conferencing the legislation — would have to be compressed to move forward.
“Normally, that would involve several weeks or months,” Sarvis said. “For us to succeed here, all those elements, debate on the floor, conference, votes in the two chambers on the conference report would have to be compressed to about eight or 10 days on the floor, in conference and back to the two chambers. That’s part of the challenge.”
Sarvis said he expects the defense authorization bill would likely come to the floor after the Senate Armed Services Committee holds hearings on the Pentagon “Don’t Ask, Don’t Tell” report. Levin has said he wants to hear testimony early in December.
“If the hearing is [Dec.] 2, I could see a scenario where the leader might make the motion on Friday the third, or, if the hearing is the sixth, then maybe the next day,” Sarvis said.
One major question is whether enough senators will vote in the affirmative to reach the 60-vote threshold to move forward with debate on the legislation. In September, a previous attempt to move forward with the measure failed by a vote of 56-43.
A senior Democratic aide, who spoke to the Washington Blade on condition of anonymity, expressed confidence about being able to move forward with the fiscal year 2011 defense authorization bill.
“I think that we may be close to having 60 votes to begin debate on the bill,” the aide said. “I’ve seen some positive signs from unexpected Republicans in recent days.”
Sarvis said the ability to move forward will depend on whether at least a handful of Republicans are willing to break ranks with their caucus.
“If you just look at Democrats, the numbers don’t add up to 60,” Sarvis said. “I don’t care how you slice it. So, if we can persuade a handful of Republicans, and I think we can, we will hit 60.”
A number of senators who are seen as key to moving forward with “Don’t Ask, Don’t Tell” repeal have said they want to see an open amendment process in place.
In September, when Senate leadership made an earlier attempt to bring the legislation to the floor, a number of senators said they were voting “no” because they didn’t feel the Republicans could offer a sufficient number of amendments to the legislation.
Last week, Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal language in the Senate, expressed confidence during a news conference about having at least 60 votes to move forward — provided certain conditions are met with the amendment process on the Senate floor.
“I am confident that we have more than 60 votes prepared to take up the defense authorization bill with the repeal of ‘Don’t Ask, Don’t Tell’ if only there will be a guarantee of a fair and open amendment process,” Lieberman said.
Lieberman said he’s received assurances from Sens. Susan Collins (R-Maine) and Richard Lugar (R-Ind.) — as well as “others privately” — that they would vote for moving forward with the defense authorization bill if a more open amendment process is in place.
The amendment process these senators are seeking remains somewhat nebulous. What standard for the process are these fence-sitting seeking to win their support for moving forward?
Asked about this during the news conference, Lieberman said the exact terms are up for negotiation.
“It’s hard to put a number on it now,” Lieberman said. “That’s what I hope is going to be negotiated. Of course, we’ll do our best to encourage Sen. Reid to reach out to allow a somewhat larger number.”
Some Democrats speculate the call for a change in the amendment process could be an excuse for some fence-sitting senators to vote “no” on moving forward with the defense authorization bill.
Jim Manley, a Reid spokesperson, said the senator has “always been committed to having a fair debate and votes” on the defense authorization bill and specifically on the “Don’t Ask, Don’t Tell” provision.
“We are prepared to proceed in a way that would allow Senators on both sides to voice their concerns and to offer relevant amendments to the bill,” Manley said.
Manley said critics of “Don’t Ask, Don’t Tell” are spinning “a myth” that Reid “is somehow trying to bypass debate on this critical issue.”
The Democratic aide said this call for a more open amendment process could enable some senators to vote against moving toward final passage of the bill after the legislation comes to the floor.
“You could have … some Republicans using process arguments to say, “No, we haven’t had enough debate time and I cannot support moving toward final passage of the bill yet,'” the aide said. “The Republicans might just try to run out the clock.”
The aide said a fair amendment process in the Senate has “never, ever meant” that debate can continue “as long as anybody wants to continue the debate, as long as there are amendments to be talked about and voted on.”
Sarvis noted that unlike in September, Reid has said the DREAM Act, an immigration-related bill, wouldn’t be offered as an amendment to the defense authorization the next time around and would instead come to the floor as standalone legislation.
“By doing so, he has shown his good faith in proceeding toward a fair and open manner in which senators on both sides of the aisle have an opportunity to offer amendments,” Sarvis said.
Sarvis also said Reid’s commitment to allow amendments on the “Don’t Ask, Don’t Tell” and abortion-related provisions in the defense authorization bill was evidence of the majority leader’s commitment to fairness during debate on the legislation.
It’s possible that in exchange for repealing “Don’t Ask, Don’t Tell,” Senate leadership will have to agree to a vote on amendments that would rile the White House, such as a measure related to the terrorist detention facility at Guantanamo Bay or an amendment to try terrorist suspects by military commission.
Sarvis said he doesn’t “think it’s any secret” that Republicans may be looking at amendments like that.
“Are there some Republicans who would like to put the administration on the hot seat with respect to some amendments?” Sarvis said. “Perhaps. But my hope would be that when the ‘Don’t Ask, Don’t Tell’ provisions are debated on the floor that amendments [in that nature] would not be in the mix or part of that debate.”
The Democratic aide said deals are often cut at late stages in the game, but he doesn’t think opponents of “Don’t Ask, Don’t Tell” repeal in the Senate would allow moving forward with ending the law even with an agreement to have a vote on those issues.
“My sense is that [Sen. John] McCain and [Sen. Lindsey] Graham and their crew are dead set on stopping the repeal of ‘Don’t Ask, Don’t Tell,'” the aide said. ‘I don’t think that they’re willing to deal that away.”
As these questions linger, eyes will be on several key senators to determine whether the chamber can reach the 60-vote threshold needed to move forward when the legislation comes before the Senate again.
The offices of both senators Lieberman mentioned as “yes” votes under a different amendment process — Collins and Lugar — said they would be open to moving forward with the defense authorization bill if certain conditions are met.
Mark Helmke, a Lugar spokesperson, said the senator hasn’t taken a position on “Don’t Ask, Don’t Tell” and is waiting for the Pentagon report on the issue, which is now set for release on Nov. 30.
“He is in favor of having a full debate on the matter as part of the defense authorization bill if there is a consent agreement for timed debate and votes on a number of issues,” Helmke added.
Kevin Kelley, a Collins spokesperson, confirmed the Maine senator was concerned about what she perceived as the lack of an open process the last time the legislation was brought up for a vote.
“In September, she was disappointed that the Democratic majority leader chose to shut down debate and exclude Republicans from offering any amendments to the defense authorization bill, which contains the repeal language,” Kelley said. “She believes that was unfair and contrary to the rules and tradition of the Senate.”
Still, Kelley maintained that Collins agrees with Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen that the military’s gay ban “should be repealed” and recalled that the senator voted in favor of a repeal amendment in committee during the spring.
Another senator who could be in play is Sen. Lisa Murkowski (R-Alaska). Fresh off her re-election win as an independent write-in candidate in her state, Murkowski isn’t beholden to the far right for her victory on Election Day. She also didn’t vote one way or the other on the motion to proceed on the defense authorization bill when it came before the Senate in September.
A local TV station in Alaska reported last week that Murkowski was in a position to vote to advance the defense authorization bill. But Michael Brumas, a Murkowski spokesperson, later clarified that this support is dependent on the result of the Pentagon report.
“Sen. Murkowski would not oppose a defense authorization bill that includes a repeal of [‘Don’t Ask, Don’t Tell’] if the Pentagon study shows that repeal is supported by the troops, doesn’t hurt performance, morale or recruitment and the military allows for an orderly transition,” Brumas said.
Additionally, Brumas said the manner in which Senate leadership handles the amendment process would be important for Murkowski’s support.
“If the majority attempts to push it through allowing little or no debate or votes on amendments, Sen. Murkowski would be inclined to oppose those efforts,” Brumas said.
One surprise senator who could vote to move forward with the defense authorization bill is Sen. John Ensign (R-Nev.). Last week, LGBT advocates asserted one of his staffers informed them that he wants to repeal “Don’t Ask, Don’t Tell” and would vote for cloture on the defense authorization bill.
Laura Martin, communications director for the Stonewall Democratic Club of Southern Nevada, said she and other activists met with Margot Allen, Ensign’s regional representative on military issues, who informed the group of the senator’s position.
“The first question was about ‘Don’t Ask, Don’t Tell’ and his staffer said he supports repeal,” Martin said. “We asked her to clarify three times and she said he will vote in the affirmative on the defense authorization with ‘Don’t Ask, Don’t Tell’ repeal in it.”
Jennifer Cooper, an Ensign spokesperson, later said the senator was awaiting the Pentagon report “to see if any changes to this policy can or should be done” with regard to “Don’t Ask, Don’t Tell.” She also said he wants to hear testimony from the military service chiefs.
“Also, he plans to review all of the merits of the Defense Authorization bill before voting one way or another; hopefully it will be a fully open amendment process,” she added.
Other senators that are seen as being in play are moderate Republicans Scott Brown (R-Mass.), George Voinovich (R-Ohio) and Olympia Snowe (R-Maine). The two Democratic senators who joined Republicans in voting “no” in September on moving forward with the defense authorization — Arkansas Sens. Mark Pryor and Blanche Lincoln — could also change their votes.
None of these senators’ offices responded to the Blade’s request to comment on how they would vote on the defense authorization when it comes up during the lame duck session.
The slightly different composition of the Senate also raises questions about the votes from Sen. Joe Manchin (D-W.Va.), who assumed his seat after winning election on Nov. 2, and Republican Senator-elect Mark Kirk of Illinois, who is set to take his seat during the lame duck session of Congress.
During his campaign, Manchin said he wants to wait to hear from military leaders before moving forward with “Don’t Ask, Don’t Tell” repeal. As a U.S. House member, Kirk voted against an amendment that would have repealed the military’s gay ban when it came to the floor in May.
Neither the office of Manchin nor Kirk’s transition team responded to the Blade’s request for comment on the issue.
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD

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.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor

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.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

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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