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No 60 votes for ‘Don’t Ask’ repeal: source

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Sen. Susan Collins (R-Maine) with Admiral Mike Mullen (Blade photo by Michael Key)

A Democratic Senate aide claims there aren’t enough votes to move forward with “Don’t Ask, Don’t Tell” repeal and is blaming Sen. Susan Collins (R-Maine) for being intransigent.

Asked whether the Senate has the necessary 60 votes to end a filibuster and move forward with the fiscal year 2011 defense authorization bill, the aide said, “As of right now, it looks like we will not.”

The aide said Collins — who has been the Republican point person in negotiations in moving forward with the defense authorization bill — has been “inflexible” and “unreasonable in her demands.”

“So far, she has not been willing to negotiate,” the aide said.

The aide said Collins — who previously said she had been seeking a more open amendment process on the legislation to move forward — has been seeking unlimited debate to move forward with the defense authorization bill.

In a statement, Sen. Joseph Lieberman (I-Conn.) disputed the account that Collins has been inflexible in her negotiations over the defense authorization bill.

“Senator Collins has been working in good faith to achieve an agreement on the process to move forward with the defense bill that contains the repeal of ‘Don’t Ask, Don’t Tell,’” Lieberman said. “I categorically reject reports by uninformed staffers who have suggested otherwise.”

Lieberman said he wants “those responsible for such baseless allegations” to stop immediately and work to get to an agreement to the defense authorization bill to the Senate floor.

“We are making progress toward an agreement to move forward on the defense bill that includes the repeal of ‘Don’t Ask, Don’t Tell’ and I remain confident that we can reach an agreement, which is necessary before any vote on the motion to reconsider is taken,” Lieberman said.

Despite the prediction that there are not enough votes to move forward with the defense authorization bill, the aide said Reid intends to move forward nonetheless because “the clock is obviously running out” on the time the Senate can take on the defense authorization bill.

The aide said Reid intends to offer 10 Republican amendments and five Democratic amendments when he brings the bill to the Senate floor today and that Senate leadership is hoping Collins or other Republican senators — such as Sen. Scott Brown (R-Mass.) — will find that these procedural conditions are acceptable.

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New York

Gay man shot to death on NYC subway train

Police say shooting was random and unprovoked

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Daniel Enriquez (Photo courtesy of the NYPD)

A gay man became the latest victim of a New York City subway shooting on Sunday when police say a male suspect shot Daniel Enriquez, 48, in the chest in an unprovoked random act inside a subway car traveling from Brooklyn to Manhattan.

Police on Tuesday arrested Andrew Abdullah, 25, who they identified as the sole suspect in the shooting, after attorneys representing him from the Legal Aid Society attempted to arrange for his surrender, according to a report by NBC 4 News in New York.

Police said the shooting occurred around 11:42 a.m. while the train was traveling over the Manhattan Bridge. The then unidentified suspect walked off the train and disappeared into a crowd of people when the train stopped at the Canal Street station minutes after Enriquez lay dying on the floor on the train car, police said.

Possibly based on the viewing of images from video surveillance cameras, police sources told the New York Times that investigators identified the suspect as Abdullah whose last known residence was in Manhattan, as a suspect in the fatal shooting. NYPD officials released two photos of Abdullah and appealed to the public for help in finding him.

Adam Pollack, Enriquez’s partner of 18 years, told both the Times and the New York Post that Enriquez took the subway to meet his brother for brunch. According to Pollack, Enriquez previously had taken Ubers into Manhattan, where he worked and socialized, from the couple’s home in the Park Slope section of Brooklyn. But in recent weeks the cost of taking an Uber rose dramatically to more than $80 for the round-trip fare, prompting Enriquez to begin taking the subway, Pollack told the Times and Post.

“I don’t love the subway,” the Post quoted Pollack as saying. “I know how dangerous New York is. It took me two years to get back on the subway. I don’t feel safe on the subway,” he said.

The fatal shooting of Enriquez took place six weeks after another gunman identified as Frank R. James began shooting inside a crowded rush-hour subway car in Brooklyn, injuring at least 23 people.

Pollack told the Times his partner was a native New Yorker who worked as a researcher for the Goldman Sachs investment bank in Manhattan. Enriquez was the eldest of five children and a beloved uncle known for taking his nieces and nephews for ice cream in local parks and out to amusement parks when he visited them, Pollack told the Times.

When asked by the Washington Blade if any evidence has surfaced to indicate suspect Abdullah targeted Enriquez because he thought Enriquez was gay, a police public information officer said the investigation into the incident was continuing.

“There’s nothing on that now,” the officer said. “Everything, the motive, and all of that stuff, is part of the investigation and that is still ongoing. So, there’s no comment on that yet.”

The Times reports that court records show Abdullah, who is now in police custody, was charged along with others in 2017 in an 83-count indictment for alleged gang related activity. The following year he pleaded guilty to criminal possession of weapons and other charges in 2018 and was sentenced the following year to a prison term and released on parole several months later.

According to the Times, he faced new gun charges in 2020, was charged in 2021 with assault and endangering a child, and in April of this year was charged with possession of stolen property and unauthorized use of a vehicle.

“We are devastated by this senseless tragedy and our deepest sympathies are with Dan’s family at this difficult time,” Goldman Sachs CEO David Solomon said in a statement.

Andrew Abdullah (Photo courtesy of the NYPD)
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U.S. Federal Courts

Federal judge blocks White House from ending Title 42

Advocacy groups say policy further endangered LGBTQ asylum seekers

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The Mexico-U.S. border in Mexicali, Mexico, on July 22, 2018. A federal judge in Louisiana has blocked the Biden administration from terminating Title 42, a Centers for Disease Control and Prevention policy that closed the Southern border to most asylum seekers and migrants because of the pandemic. The previous White House's policy was to have ended on May 23, 2022. (Washington Blade photo by Michael K. Lavers)

A Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the pandemic was to have ended Monday, but it remains in place after a federal judge blocked the Biden administration’s plans to end it.

The White House last month announced it would terminate Title 42, a policy the previous administration implemented in March 2020.

U.S. District Judge Robert Summerhays in Louisiana on May 20 issued a ruling that prevented the Biden administration from terminating the Trump-era policy. White House Press Secretary Karine Jean-Pierre in a statement announced the Justice Department will appeal the decision, while adding the administration “will continue to enforce the CDC’s 2020 Title 42 public health authority pending the appeal.”

“This means that migrants who attempt to enter the United States unlawfully will be subject to expulsion under Title 42, as well as immigration consequences such as removal under Title 8 (of the U.S. Code),” said Jean-Pierre.

Advocacy groups and members of Congress with whom the Washington Blade has spoken since Title 42 took effect say it continues to place LGBTQ asylum seekers and other vulnerable groups who seek refuge in the U.S. at even more risk.

Oluchi Omeoga, co-director of the Black LGBTQIA+ Migrant Project, last month described Title 42 as a “racist and harmful policy.” ORAM (Organization of Refuge, Asylum and Migration) Executive Director Steve Roth said Title 42 “put asylum seekers in harm’s way in border towns and prevented them from seeking safety in the United States.”

Title 42 was to have ended less than a month after five members of Congress from California visited two LGBTQ shelters for asylum seekers in the Mexican border city of Tijuana.

The Council for Global Equality, which organized the trip, in a tweet after Summerhays issued his ruling described Title 42 as a “catastrophe.”

“The Biden administration cannot breathe a sign of relief until it’s a matter of the past,” said the Council for Global Equality on Saturday. “We remain committed to end Title 42.”

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U.S. Military/Pentagon

U.S. Army considers allowing LGBTQ troops to transfer from hostile states

Proposed guidance remains in draft form

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Top Army G-1 officer & enlisted advisor speaking with Joint Base Lewis-McChord single and dual military parents (Photo Credit: U.S. Army)

A draft policy is circulating among top officials of the U.S. Army that would allow soldiers to be able to request a transfer if they feel state or local laws discriminate against them based on gender, sex, religion, race or pregnancy.

Steve Beynon writing for Military.com reported last week the guidance, which would update a vague service policy to add specific language on discrimination, is far from final and would need approval from Army Secretary Christine Wormuth. But if enacted, it could be one of the most progressive policies for the Army amid a growing wave of local anti-LGBTQ and restrictive contraception laws in conservative-leaning states, where the Army has a majority of its bases and major commands.

“Some states are becoming untenable to live in; there’s a rise in hate crimes and rise in LGBT discrimination,” Lindsay Church, executive director of Minority Veterans of America, an advocacy group, told Military.com. “In order to serve this country, people need to be able to do their job and know their families are safe. All of these states get billions for bases but barely tolerate a lot of the service members.”

This policy tweak to the existing Army regulations pertaining to compassionate reassignment would clarify the current standard rules, which are oft times fairly vague.

A source in the Army told Beynon the new guidance has not yet been fully worked out through the policy planning process or briefed to senior leaders including the Army secretary or the office of Defense Secretary Lloyd Austin.

“The Army does not comment on leaked, draft documents,” Angel Tomko, a service spokesperson, told Military.com in an emailed statement. “AR 600-100 and 600-200 establish the criteria for which soldiers may request for a compassionate reassignment. The chain of command is responsible for ensuring soldiers and families’ needs are supported and maintain a high quality of life.”

A base member wears rainbow socks during Pride Month Five Kilometer Pride Run at Joint Base Andrews, Md., June 28, 2017.
(U.S. Air Force photo by Airman 1st Class Valentina Lopez)

The Crystal City-based RAND Corporation had published a study on sexual orientation, gender identity and health among active duty servicemembers in 2015 that listed approximate six percent of LGBTQ troops are gay or bisexual and one percent are trans or nonbinary.

A senior analyst for RAND told the Washington Blade on background those numbers are likely much lower than in actuality as 2015 was less than four years after the repeal of ‘Don’t Ask, Don’t Tell’ and prior to when the Trump administration enacted the trans servicemember ban in 2017, which has had a chilling effect on open service.

The Biden administration repealed the Trump ban.

Another factor is that the current 18-24 year old troops colloquially referred to as “Gen Z” are much more inclined to embrace an LGBTQ identity and that would cause the numbers to be higher than reported.

Also factored in is uncertainty in the tweaking of policy in light of the recent leak of the draft U.S. Supreme Court decision that would effectively repeal Roe v. Wade.

According to Military.com it’s unclear whether the Army’s inclusion of pregnancy on the list would protect reproductive care for soldiers if Roe v. Wade is overturned. That language could be intended to protect pregnant service members or their families from employment or other discrimination, but could also be a means for some to argue for transfers based on broader reproductive rights.

One advocacy group pointed out that the current wave of anti-LGBTQ legislation will negatively impact the moral of service members:

“What we’re seeing across the board is a small group of elected officials who are trying to politicize and weaponize LGBTQ identities in despicable ways. They’re not only doing that to our youth, but the collateral damage is hurting our service members,” Jacob Thomas, communications director for Common Defense, a progressive advocacy organization, told Military.com. “[Troops] can’t be forced to live in places where they aren’t seen as fully human.”

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