National
GOP senators push back on ‘Don’t Ask’ report
McCain criticizes questions, response rate of survey

Sens. John McCain and Jim Inhofe were critical of the ‘Don’t Ask, Don’t Tell” report during the hearing (Blade photo by Michael Key).
Republican senators during a hearing on Thursday attempted to undermine a recently released Pentagon report on “Don’t Ask, Don’t Tell” repeal by questioning the study’s conclusions and methodology.
The GOP senators raised their concerns and criticism during a hearing that marked the first day of two days of scheduled testimony on the Pentagon working group’s report on “Don’t Ask, Don’t Tell,” which was made public earlier this week by the Defense Department.
Pentagon leaders — as well as LGBT advocates — in turn rebuked or attempted to alleviate these concerns from Republican senators.
Testimony came from Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen as well as both co-chairs of the Pentagon working group report: Pentagon general counsel Jeh Johnson and Gen. Carter Ham, commander of U.S. Army Europe.
The witnesses endorsed the Pentagon report and its findings pave a way for the Defense Department to institute a end to “Don’t Ask, Don’t Tell” if Congress repeals the statute. The defense officials urged senators to take action to repeal the law.
In his opening statement, Mullen said the Pentagon report backs his earlier testimony from February in which he said he personally believes gays should serve openly in the U.S. military.
“I am convinced that repeal of the law governing ‘Don’t Ask, Don’t Tell’ is the right thing to do,” Mullen said. “Back in February, when I testified to this sentiment, I also said that I believed the men and women of the armed forces could accomodate such a change. But I did not know it for a fact. Now, I do.”
But Sen. John McCain (R-Ariz.), a leading opponent of “Don’t Ask, Don’t Tell” repeal in the Senate, attempted to poke holes in the report during the hearing.
One of the Arizona senator’s main concerns was that the surveys sent out to 400,000 service members as part of the report — which were returned by about 115,000 respondents — didn’t ask troops whether they favored a change in “Don’t Ask, Don’t Tell” and instead focused on an implementation of repeal.
“What I want to know and what it is that Congress is going to be determining is not can our armed forces implement a repeal of this law, but whether the law should be repealed,” McCain said. “Unfortunately, that key issue was not the focus of the study.”
McCain also argued that the limited number of troops who responded to the survey — around 28 percent — brings the results into question.
“That’s almost six percent of the force at large,” McCain said. “I find it hard to view that that is a fully representative sample set.”
Sen. Scott Brown (R-Mass.) also expressed concerns about the return rate on the surveys and recalled troops’ reaction in May when Congress had taken the initial steps to repeal “Don’t Ask, Don’t Tell” before the questionnaire was distributed.
“Halfway through the process when we took certain actions, they felt it was a done deal and as a result they didn’t participate in the survey,” Brown said. “Twenty-eight percent does not seem like a high number of participation.”
But Ham said the 28 percent response rate is well within the norm for previous surveys for military personnel.
“I’m comfortable that the response rate overall is within norms and probably more importantly, senator, that each category that can be analyzed has a statistically significant number of responses,” Ham said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, later rebuked the McCain’s point that service members should be polled on whether they want to repeal “Don’t Ask, Don’t Tell.”
“That would be a dangerous precedent to set irrespective of how you feel about ‘Don’t Ask, Don’t Tell,'” Sarvis said. “That has never been done on any major personnel policy initiative that the military has undertaken. Never.”
Sarvis also pushed back on claims that 28 percent response rate on the survey was insufficient as he maintained the number represented “an extraordinary response rate.”
“As a matter of fact, I think … most pollsters would gratified by such a response,” Sarvis said.
Sen. Susan Collins (R-Maine) said during her questioning that although the direct question isn’t directly asked, the survey does have information on whether troops would support a repeal of “Don’t Ask, Don’t Tell.”
“Given the extensive feedback that the authors of the report and the task force did and that they received from tens of thousands of service members in the forms of survey responses, e-mails, and town hall meetings, the report, in fact, does convey a sense of what service members think about repeal of the law, even if a direct question was not included in the survey,” Collins said.
The Maine senator voted for a “Don’t Ask, Don’t Tell” repeal amendment when it before the committee in May, but angered many LGBT advocates in September when she voted with the Republican caucus to prevent “Don’t Ask, Don’t Tell” legislation from coming to the Senate floor over what she said was a lack of a fair amendment process.
While attacking the methodology of the report, McCain also used information in the study in his effort to derail legislative efforts to repeal “Don’t Ask, Don’t Tell.”
The Arizona senator noted the survey accompanying the report found that between 40 to 60 percent of service members serving in the Marine Corps as well as combat arms specialties predicted a negative impact of repeal.
“I remain concerned as I have in the past — and is demonstrated in this study — that the closer we get to service members in combat, the more we encounter concerns about whether ‘Don’t Ask, Don’t Tell’ should be repealed and what impact that would have on the ability of these units to perform their mission,” McCain said.
During the hearing, Gates predicted this opposition could be overcome. The defense secretary said with “proper time for preparation, for training” concerns among these groups would be mitigated.
For the example of Marines in combat arms specialties, Gates noted that many of these service members are under 25 years old.
“Most of them have never served with women either, and so they’ve had a very focused, very limited experience in the military … but I think that with time and adequate preparation, we can mitigate their concerns,” Gates said.
McCain also noted that 12.6 percent of survey responders — which he said translates into 264,600 service members — said they’d leave the U.S. military sooner than they had planned if “Don’t Ask, Don’t Tell” is repealed.
Sen. James Inhofe (R-Okla.) also expressed concerns about the effect of lifting “Don’t Ask, Don’t Tell” on what he said is historic levels of retention in the U.S. military as he said, “If it ain’t broke, don’t fix it.”
“Right now, we have probably the best retention and recruitment percentages, over 100 percent, in everywhere except, I think, just the Army guard, and there’s other reasons for that,” Inhofe said. “There is some concern to me about how this would affect that.”
Gates said the experience of foreign militaries who have lifted their gay ban has been that number of people who actually quite the force was “far smaller” than those who threatened to leave.
“As far as the force as a whole, I don’t think any of us expect that the numbers would be anything like what the survey suggests,” Gates said.
Gates also noted the service members couldn’t immediately leave the armed services because they’re contractually obligated to continue to duration of their service.
At the start of the hearing, when Senate Armed Services Committee Chair Carl Levin (D-Mich.) said each committee member would have five minutes for questioning, McCain objected and said if only that time was allowed, another hearing would be necessary.
Gates said he could extend the time he could testify before the committee for another half-hour, and Levin extended the questioning time for senator to six minutes each.
Notably, after complaining that five minutes wasn’t enough time to question Gates, McCain used some of his time to question Pentagon leaders about the impact of the leaked information regarding U.S. foreign policy on Wikileaks.
Some of the strongest support for repealing “Don’t Ask, Don’t Tell” during the hearing came from conservative Democrats who are known for often riling their party’s base, including Sen. Ben Nelson (D-Neb.).
“To me, the issue seems to be not whether to allow gays to serve in the military, but whether to allow them to serve openly,” Nelson said. “Permitting them to serve, but not openly, undermines the basic values of the military: honesty, integrity and trust. When that’s undermined anywhere, it’s undermined everywhere.”
Sen. Jim Webb (D-Va.), who has heretofore opposed repeal efforts, praised the report and disputed assertations from Republicans that the study and survey wasn’t useful as a guide to repeal.
“It’s a 345-page report, 115,000 respondents, and, most importantly, this was done without politicizing men and women in uniform, which is vitally important in our society,” Webb said. “I would like to say that this report is probably the most crucial piece of information that we have in terms of really, objectively moving forward in order to address the law.”
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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