National
GOP letter complicates ‘Don’t Ask’ repeal efforts
All 42 members of GOP caucus penned names to missive
Sen. Susan Collins (R-Maine) is among the signers of a letter vowing to obstruct movement on certain bills before the Senate (Blade photo by Michael Key.)
A recent letter in which the Senate Republican caucus has pledged to obstruct movement on legislation unrelated to government funding or taxes is complicating efforts for “Don’t Ask, Don’t Tell” repeal.
In the missive, dated Nov. 29, Republicans vow to Senate Majority Leader Harry Reid (D-Nev.) that they’ll vote against cloture for any legislative item until the Senate has “acted to fund the government and we have prevented the tax increase that is currently awaiting all taxpayers.”
“With little time left in this Congressional session, legislative scheduling should be focused on these critical priorities,” the letter states. “While there are other items that might ultimately be worthy of the Senate’s attention, we cannot agree to prioritize any matters above the critical issues of funding the government and preventing a job-killing tax hike.”
The letter is signed by all 42 members of the Republican caucus, including those who are seen as swing votes on moving forward with “Don’t Ask, Don’t Tell,” such as Sens. Susan Collins (R-Maine), Olympia Snowe (R-Maine) and Scott Brown (R-Mass.). Newly seated Sen. Mark Kirk (R-Ill.) is also among the signers.
Capitol Hill observers see the letter as an attempt to derail movement on the DREAM Act, an immigration-related bill, as well as repeal of “Don’t Ask, Don’t Tell.” Legislation to repeal the military’s gay ban is pending before the Senate as part of the fiscal year 2011 defense authorization bill.
A Democratic aide, who spoke to the Washington Blade on condition of anonymity, said the letter is “very, very bad news” for “Don’t Ask, Don’t Tell” repeal efforts.
“They’ve essentially said that they’re going to vote against cloture on any bill but the tax bill, so they’ve actually just all drawn the line … on all armed services bills,” the aide said.
Kevin Kelley, a Collins spokesperson, said in a statement that although the Maine senator signed the letter and believes tax cuts and funding for the government “are the top two priorities for the lame duck session,” she still wants to see “Don’t Ask, Don’t Tell” repeal this year.
“However, she also believes the there is time in December to consider all three issues, including the defense authorization bill, which includes a repeal of ‘Don’t Ask, Don’t Tell,'” Collins said. “She has made it clear that if the majority leader brings the defense authorization bill to the floor and allows sufficient debate and amendments, she would vote to proceed to that bill.”
In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, chided Republicans for not being as committed to the defense authorization bill as they are to taxes.
“The Republican caucus that has expressed strong support for a vote on extending the Bush era tax cuts should be as equally unified in support of a vote in the lame-duck session on the nation’s defense bill, the very bill which provides for our security and the well being of service members who defend us every day,” Sarvis said.
Winnie Stachelberg, senior vice president for external affairs at the Center for American Progress, said the letter underscores Senate Minority Leader Mitch McConnell (R-Ky.) has a “sole focus on obstruction” and wants to make President Obama a one-term president.
“Rather than dealing with the myriad of issues that face this country, he’s made clear what his route is,” Stachelberg said.
Stachelberg also noted a recent report from the Washington Post’s Greg Sargeant quoting a Collins spokesperson as saying even though the senator signed the letter, she would be open to voting for a motion to proceed on the defense authorization bill.
Additionally, Stachelberg said she’s had conversations with people on Capitol Hill suggesting Collins, Sen. Richard Lugar and Sen. Lisa Murkowski would be open to voting to moving forward on the defense legislation.
“They actually maintain that while the focus should be on taxes and the economy, that they believe, too, that other issues should be considered as well,” Stachelberg said.
One gay GOP organization was sympathetic to the goals of the letter. R. Clarke Cooper, executive director of the National Log Cabin Republicans, said Congress must push forward with tax legislation “to avoid punitive tax increases come 2011,” but said the Senate can take action on taxes as well as “Don’t Ask, Don’t Tell” before the year’s end.
“Further, while time is limited, the Congress can complete action on taxes as well as a [‘Don’t Ask, Don’t Tell’] repeal inclusive [defense authorization bill],” Cooper said.
Download a copy of the letter here.
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
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