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GOP senators push back on ‘Don’t Ask’ report

McCain criticizes questions, response rate of survey

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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.”

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

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Gun rights organizations and advocates say interest in gun ownership seems to have increased in the LGBTQIA+ community since President Donald Trump returned to the White House last year. (Photo by Kaitlin Newman for the Baltimore Banner)

By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.

Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.

“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”

Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.

The rest of this article can be read on the Baltimore Banner’s website.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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