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Activist organizations praise ‘Don’t Ask’ report

Lame duck session seen as do-or-die time for gay ban

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Supporters of repealing “Don’t Ask, Don’t Tell” this week praised the Comprehensive Review Working Group Report on the military’s gay ban. Below is a roundup of reaction from various groups working for repeal.

Servicemembers Legal Defense Network called it “overwhelmingly positive and constructive.”

“The Pentagon validated what repeal advocates and social scientists have been saying about open service for over a decade,” wrote SLDN’s Aubrey Sarvis. “Still, some initial resistance may come from one or more of the service chiefs – the very leaders who will be charged with implementing this change. Those chiefs will need to salute and lead in bringing about this needed change. Fortunately, the chiefs have already made it clear they will do precisely that if Congress acts. Now, it’s up to the Senate to make repeal happen this year.”

Servicemembers United, another gay group, also praised the findings.

“This thorough and comprehensive report makes clear to lawmakers and the American people once and for all that the U.S. military is capable of handling the repeal of ‘Don’t Ask, Don’t Tell.’ The questions are now answered and the debate is now settled,” said Alexander Nicholson, executive director of Servicemembers United and a former U.S. Army Human Intelligence Collector who was discharged under “Don’t Ask, Don’t Tell.”

“It’s now up to the Senate to bring the defense authorization bill back to the floor, allow 10 to 20 amendments to be debated on each side, and get this bill passed,” he said. “We have the votes now if the process is fair.”

OutServe, a network of actively serving members of the U.S. Armed Forces, also released a statement.

“This report definitely answers the question of the impact of DADT repeal on the military. Specifically, knowing a soldier is gay has no negative impact on readiness,” said OutServe’s Jonathan Hopkins, former Army Captain and veteran of combat in Iraq and Afghanistan. “We’ve known this for a long time.”

And the Palm Center issued a joint statement from 30 professors and scholars in response to the Pentagon’s Comprehensive Working Group Report on gays in the military:

“The debate about the evidence is now officially over” according to current and former academics at the Army War College, Naval Academy, West Point, Air Force Academy, Naval Post Graduate School, Naval War College, Air Command and Staff College and National Defense University as well as civilian universities including Harvard, Yale and Princeton. “The only remaining rationale for ‘Don’t Ask, Don’t Tell’ is prejudice.”

And from the Human Rights Campaign came this statement from President Joe Solmonese: “This issue has been studied for 50 years, including by the military itself, and the results from over 22 studies are uniform: open service does not harm effectiveness. The small handful of senators blocking repeal no longer have any fig leaves behind which to hide. The time for repeal is now.”

SLDN pointed out several key findings from the report, including:

• When asked about the actual experience of serving in a unit with a co-worker who they believed was gay or lesbian, 92 percent stated that the unit’s “ability to work together” was “very good,” “good” or “neither good nor poor.”

• When asked about how having a service member in their immediate unit who said he or she is gay would affect the unit’s ability to “work together to get the job done,” 70 percent of service members predicted it would have a positive, mixed, or no effect.

• When asked “in your career, have you ever worked in a unit with a co-worker that you believed to be homosexual,” 69 percent of service members reported that they had.

• In communications with gay and lesbian current and former service members, the report’s authors repeatedly heard a patriotic desire to serve and defend the nation, subject to the same rules as everyone else.

• The report’s authors are convinced that the U.S. military can do this, even during this time of war. They do not underestimate the challenges in implementing a change in the law, but neither should “we underestimate the ability of our extraordinarily dedicated Service men and women to adapt to such change and continue to provide our Nation with the military capability to accomplish any mission.”

• The report researchers found “the risk of repeal of ‘Don’t Ask, Don’t Tell’ to overall military effectiveness is low.”

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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