National
Service chiefs hold mixed views on ‘Don’t Ask’ repeal
Military leaders each express concerns, but confidence in ability to implement
The military service chiefs offered mixed views on “Don’t Ask, Don’t Tell” repeal during Senate testimony on Thursday as they said they had concerns about ending the law, but could implement a change if ordered.
Two the members of the Joint Chiefs of Staff — Vice Chair Gen. James Cartwright and Chief of Naval Operations Adm. Gary Roughead — testified before the Senate Armed Services Committee that Congress should act to repeal “Don’t Ask, Don’t Tell.”
Coast Guard Commandant Adm. Robert Papp — not a member of the Joint Chiefs but a witness at the hearing — also endorsed open service.
In comparison to the other service chiefs, Cartwright offered a particularly strong statement encouraging Congress to take action to lift “Don’t Ask, Don’t Tell.”
“My faith in our leadership, from top to bottom, the fair-minded temperament of the American public, and the reputational benefit derived from being a force identified by honesty and inclusivity, rather than concealment causes me to favor repeal of 10 USC 654 and the associated policy known as ‘Don’t Ask, Don’t Tell,'” Cartwright said.
But Army Chief of Staff Gen. George Casey and Marine Corps Gen. Commandant James Amos spoke out against legislative efforts to repeal “Don’t Ask, Don’t Tell.” Air Force Chief of Staff Gen. Norton Schwartz said he wanted full implementation of repeal deferred until 2012.
Amos, who has previously spoken out against repeal, said he had concern over “Don’t Ask, Don’t Tell” repeal because of several reasons, including combat operations abroad.
“Based on what I know about the very tough fight on the ground in Afghanistan, the almost singular focus of our combat forces as they train up and deploy into theater, the necessary tightly woven culture of those combat forces that we are asking so much of at this time, and finally the direct feedback from the survey, my recommendation is that we should not implement repeal at this time,” Amos said.
The hearing marked the second day in a two-day series of hearings on the Pentagon’s “Don’t Ask, Don’t Tell” report, which was made public earlier this week. During the previous hearing, Chairman of the Joint Chiefs of Staff Adm. Mike Mullen reiterated his belief that gays should be able to serve openly in the U.S. military.
Repeal advocates had been awaiting statements from the service chiefs on “Don’t Ask, Don’t Tell” following the release of the Pentagon report. In May, the service chiefs of the Army, Navy, Air Force and Marine Corps sent a letter to Congress urging lawmakers not to take action until the study was complete.
While the service chiefs had differing views on whether Congress should act to repeal “Don’t Ask, Don’t Tell,” they each expressed concerns to some degree on the implementation of open service.
Roughead expressed unease about how the Pentagon report showed that sailors in irregular warfare specialties, such as the Navy SEALS, expressed greater negativity over the prospects of repeal and a lower propensity to reenlist than other sailors.
“While these effects may not be fully realized, these specialties must be monitored closely to ensure we are positioned and resourced to respond to changes over the long-term,” Roughead said. “We cannot assume these projected retention losses away and we must take into account the past, current and future combat employment of these combat specialties.”
But even the service chiefs who said they opposed repeal expressed confidence in their branch’s ability to implement a change if ordered by Congress.
Casey said if open service in the U.S. military is properly implemented, he doesn’t envision it would prevent the Army from accomplishing its worldwide missions.
“We have a disciplined force and seasoned leaders, who, with appropriate guidance and direction, can oversee the implementation of the repeal with moderate risk to our military effectiveness in the short-term, and moderate risk to our ability to recruit and retain our all-volunteer force over time,” Casey said.
Members of the committee had different interpretations for what the testimony of the service chiefs means for “Don’t Ask, Don’t Tell” repeal in the lame duck session of Congress.
McCain said the differing opinions of the service chiefs demonstrates the need to hold off on legislative action on ending the military’s gay ban.
“I think it’s pretty obvious from the comments made by certainly the chiefs of staff — the service chiefs of the Army, Navy, Air Force and Marine Corps today that there is significantly divided opinion on this issue,” McCain said. “It’s very obvious to me that there is a lot more scrutiny and work involved before passing this legislation.”
McCain said he wants to hear from the senior enlisted personnel who would be training service members on the implementation of open service as well as combatant commanders before Congress takes action.
But Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, noted the chiefs each expressed confidence that they could faithfully execute a new policy if given time to implement a change.
“My conclusion is that really, in the end, all six of you favor repeal of ‘Don’t Ask, Don’t Tell,'” Lieberman said.
Observing the service chiefs concerns about implementation, Lieberman noted that repeal legislation pending before the Senate requires the president, the defense secretary and the chair of the Joint Chiefs of Staff to certify that the military is ready for open service before repeal is fully implemented.
The senator noted Defense Secretary Robert Gates said he wouldn’t certify open service until he felt the service chiefs were comfortable with moving forward. Asked by Lieberman whether they were assuaged by this statement, each of the service chiefs said they comfortable with Gates’ decision on when open service could be implemented.
Sen. Mark Udall (D-Colo.), a strong proponent of repeal, similarly brought out favorable responses for repeal from the service chiefs when he asked each of them if they were comfortable with the certification process and with their ability to implement repeal.
Each of the chiefs said they had confidence in Gates’ decision and their service’s ability to execute the change in law.
“I believe we can implement the policy and will implement the policy with moderate risk to our short-term effectiveness and long-term health of the force,” Casey said.
Alex Nicholson, executive director of Servicemembers United, said he thought the testimony from the service chiefs “actually went better” than what he had expected.
“I think what it really brought out was the point that although the service chiefs and many people may have differing opinions on what they want to happen and varying ways in which they would like to see it go about happening,” Nicholson said. “In the end, they seem to all agree that it’s possible to make it happen and make it happen in a safe and smooth way.”
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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