National
House votes again to repeal ‘Don’t Ask’
Will the Senate follow suit before time is up?
The U.S. House today approved by a 75-vote margin a measure that would repeal “Don’t Ask, Don’t Tell” as eyes shift once again to the Senate to see if the chamber will act to lift the military’s gay ban.
The measure to repeal “Don’t Ask, Don’t Tell” passed by a vote of 250-175 after more than an hour of floor debate in which lawmakers engaged in often passionate discourse both in favor and in opposition to the 1993 law.
After lawmakers cast their votes, Rep. Barney Frank (D-Mass.), the longest-serving openly gay lawmaker, banged the gavel at the podium and declared the final vote tally for the legislation.
During debate, those who spoke in favor of the repeal said lifting “Don’t Ask, Don’t Tell” would end a discriminatory policy, while opponents of repeal said open service would jeopardize military effectiveness.
U.S. House Speaker Nancy Pelosi (D-Calif.) said the vote to repeal “Don’t Ask, Don’t Tell” represented an opportunity to “close the door on a fundamental unfairness in our nation.”
“Repealing the discriminatory ‘Don’t Ask, Don’t Tell’ policy will honor the service and sacrifice of all who dedicated their lives to protecting the American people,” she said.
Rep. Patrick Murphy (D-Pa.), the sponsor of repeal legislation in the House, said the vote for repeal was necessary to protect U.S. service members in the battlefield.
“Our troops are the best of the best, and they deserve a Congress that puts their safety — and our collective national security — over rigid partisan interests and a close-minded ideology,” Murphy said.
The Pennsylvania lawmaker noted the Chairman of the Joint Chiefs of Staff Adm. Mike Mullen has said open service should be implemented to protect the integrity of the U.S. military.
“Well, this is also about the integrity of this institution — of this Congress,” Murphy said. “This vote is about whether we’re going to continue telling people willing to die for our freedoms that they need to lie in order to do so.”
The vote marks the second time this year that the House has approved a “Don’t Ask, Don’t Tell” repeal bill. In May, the chamber passed a repeal measure on the floor as an amendment to the fiscal year 2011 defense authorization bill by a vote of 234-194. The “Don’t Ask, Don’t Tell”-inclusive defense legislation failed to pass in the Senate.
Opposition this time around came from many Republicans, including Rep. W. Todd Akin (R-Mo.), who said the vote on repeal represented an attempt fto impose a “social agenda” on the U.S. military during wartime as operations continue in Iraq and Afghanistan.
Akin blamed House leadership for failing to pass a defense authorization bill — which he called an “eclipse of reason” because it has consistently passed in Congress for the past 48 years — and said Congress should pass funds for troops through the defense legislation before moving to “Don’t Ask, Don’t Tell.”
Rep. Buck McKeon (R-Calif.), ranking member of the House Armed Services Committee, was also critical of Pelosi for bringing the repeal measure to the floor at this time and said the timing wasn’t right Congress to act on “Don’t Ask, Don’t Tell.”
“The speaker has decided once more to subvert regular order … and bring to the floor [a measure] to repeal ‘Don’t Ask, Don’t Tell,” McKeon said.
Among other things, McKeon was critical of how the House was holding a vote on “Don’t Ask, Don’t Tell” before House committees had heard testimony on the Pentagon report on lifting the gay ban. Two days of hearings have already taken place earlier this month in the Senate on the report.
In response to Republicans’ assertions, Frank disputed that proper procedure hasn’t been followed on moving to “Don’t Ask, Don’t Tell” and noted that Republicans were responsible for filibustering the defense authorization bill in the Senate.
Frank noted the repeal measure had already passed in May by the full House and the Senate Armed Services Committee and said the notion that the committees of jurisdiction have been deprived on the issue was “delusional.”
“We’ve gone through triple regular order,” he said.
Among the 175 who voted against the repeal measure were 15 members of the Democratic caucus. They include House Armed Services Committee Chair Ike Skelton (D-Mo.), as well as Reps. Solomon Ortiz (D-Texas) and Dan Boren (D-Okla.).
Republicans who voted in favor of passing the legislation tallied out at 15 — which was 10 more Republicans than those who voted in May in favor of the “Don’t Ask, Don’t Tell” amendment.
Among the Republicans voting for repeal for the first time were Reps. Mary Bono Mack (D-Calif.), David Dreier (R-Calif.) and Dave Reichert (R-Wash.).
Passage of “Don’t Ask, Don’t Tell” repeal in the House first enables the chamber to send the legislation to the Senate as as “privileged” legislation.
The maneuver means the Senate won’t need 60 votes for the motion to proceed on the legislation, taking off the 30 hours of waiting time that would have been necessary were cloture filed on the measure. That’s significant as time is running out in the lame duck session.
Still, even though the first round 60 votes for the motion to proceed won’t be necessary, 60 votes would still be necessary in the Senate to move to final passage of the bill. Sens. Joe Lieberman (I-Conn.), Susan Collins (R-Maine) and Mark Udall (D-Colo.) this week pledged commitment to a stand-alone Senate repeal bill.
In a statement, President Obama praised the House for approving — with what he called “bipartisan support” —the “Don’t Ask, Don’t Tell” repeal legislation.
“Moving forward with the repeal is not only the right thing to do, it will also give our military the clarity and certainty it deserves,” Obama said. “We must ensure that Americans who are willing to risk their lives for their country are treated fairly and equally by their country.”
Geoff Morrell, a Pentagon spokeperson, also said Defense Secretary Robert Gates is “pleased” the House has approved a standalone “Don’t Ask, Don’t Tell” repeal measure.
“He encourages the Senate to pass the legislation this session, enabling the Department of Defense to carefully and responsibly manage a change in this policy instead of risking an abrupt change resulting from a decision in the courts,” Morrell said.
LGBT rights groups heralded the House passage of the “Don’t Ask, Don’t Tell” repeal and encouraged the Senate to follow suit to pass the legislation and send it to Obama’s desk.
Joe Solmonese, president of Human Rights Campaign, commended the House for approving the measure to repeal “Don’t Ask, Don’t Tell.”
“Today the U.S. House of Representatives said, for the second time, what military leaders, the majority of our troops and 80 percent of the American public have been saying all along — the only thing that matters on the battlefield is the ability to do the job.” Solmonese said.
Solmonese was referring to a Washington Post/ABC News poll published Wednesday, which found that 77 percent of Americans support allowing openly gay people to serve in the armed forces.
The director of the OutServe, a group for gay active duty service members, also praised the House vote and called on the Senate to act.
“Our ability to live and work with integrity and honesty is on the line,” said the director, who goes by the acronym J.D Smith. “It now falls to the Senate to follow the House’s example and the Pentagon report’s recommendations, and right the wrong that is being done to thousands of us currently serving.”
Will the Senate act before year’s end?
Now that the House has passed the measure, eyes will turn again to the Senate to see if Senate Majority Leader Harry Reid (D-Nev.) will schedule a vote on “Don’t Ask, Don’t Tell” repeal and if 60 votes are present in the chamber for passage.
Anxiety over whether the Senate will address “Don’t Ask, Don’t Tell” as the limited time remaining the legislative session dwindles continues to be a concern for those who are working to end the military’s gay ban.
In a statement to the Blade, Regan Lachapelle, a Reid spokesperson, said the majority leader intends to introduce the legislation sometime before the end of the year, but didn’t offer further details on when the Senate would take up the legislation.
Moving to “Don’t Ask, Don’t Tell” repeal seemed unlikely this week. After finishing work on extension of the Bush-era tax cuts, the Senate proceeded to debate on the START Treaty, a nuclear arms reduction agreement.
The Senate, for the remainder of the week, was expected to tag between debate on the treaty and a continuing resolution for funding for the U.S. government.
One LGBT rights advocate, who spoke on the condition of anonymity, said opposition to these measures from Republicans could sap away time that would be needed to address “Don’t Ask, Don’t Tell.”
“Both bills have hit procedural/political/substantive snags with Republican senators threatening to have them read out loud,” the activist said. “Whether or not this is a ploy to run out the clock is not known.”
After the START Treaty and the continuing resolution, “Don’t Ask, Don’t Tell” repeal would remain on the legislative calendar as well as passage of the DREAM Act, an immigration-related bill, and legislation to provide benefits to workers who helped at Ground Zero during the Sept. 11, 2001, terrorist attacks.
“There is no word on when or in what order those bills would be considered,” the activist said. “There is no commitment from Senator Reid to bring [‘Don’t Ask, Don’t Tell’] to the floor but the privileged message from the House creates momentum and pressure for its consideration prior to adjournment.”
In a news conference on Tuesday, Reid had threatened to keep the Senate in session until Jan. 4 to take up measures such as the DREAM Act and “Don’t Ask, Don’t Tell.”
“Christmas is a week from Saturday,” Reid said. “I understand that. But I hope the Republicans understand it also, because we are going to complete our work, no matter how long it takes, in this Congress. We have to do the work of the American people.”
But the advocate said this pledge from Reid “is largely useless” because senators whose votes would be needed for repeal of “Don’t Ask, Don’t Tell” would still leave before the session is over.
“He would likely lose senators like [Blanche] Lincoln and [Evan] Bayh who are not returning,” the advocate said. “If the Senate does not work this weekend, they will largely be done.”
Following the House vote, House Majority Leader Steny Hoyer (D-MD.) said during a news conference he doesn’t know when Reid will schedule the vote — even as he acknowledged that talks between House and Senate leadership have taken place.
“I have had conversations with Sen. Reid which indicated that we were going to take this action, and so he anticipated this action,” Hoyer said.
Despite these anxieties, other signs show that sufficient support exists to repeal “Don’t Ask, Don’t Tell” if the legislation moves to the Senate floor.
Multiple sources have told the Blade that 60 votes are present in the Senate to repeal “Don’t Ask, Don’t Tell” now that other legislative items such tax cuts have cleared the table.
At the news conference, Hoyer said he’s spoken many senators about “Don’t Ask, Don’t Tell,” which has led him to believe that sufficient support exists for passage repeal.
“I’ve also had conversations with a number of members of the United States Senate — Republican members,” Hoyer said. “My belief is that there are the requisite number of votes in the United States both to effect cloture and passage of the legislation.”
Several Republicans senators — such as Scott Brown (R-Mass.), Richard Lugar (R-Ind.) and Lisa Murkowki (R-Alaska) — have come out in favor of repeal following the release of the Pentagon report.
On Wednesday, Sen. Olympia Snowe (R-Maine) added her name to the list of senators who have come out in favor of “Don’t Ask, Don’t Tell” repeal.
“After careful analysis of the comprehensive report compiled by the Department of Defense and thorough consideration of the testimony provided by the secretary of defense, the chairman of the Joint Chiefs of Staff and the service chiefs, I support repeal of the ‘Don’t Ask, Don’t Tell’ law,” Snowe said in a statement.
The White House
EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine
Trans former assistant health secretary’s name changed on official portrait
Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.
The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.
Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.
According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.
Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.
“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.
“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”
“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”
The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.
The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.
The Washington Blade reached out to HHS, but has not received any comment.
The lawsuit and four FOIA requests are below:
The White House
Empty seats, canceled shows plague Kennedy Center ahead of Trump renaming
It would take an act of Congress to officially rename the historic music venue, despite the Trump-appointed board’s decision.
The board of the Kennedy Center in Washington, D.C., voted to rename it the Trump-Kennedy Center, according to the White House Press Office.
White House Press Secretary Karoline Leavitt announced the decision in a post on X Thursday, thanking the president for his work on the cultural center “not only from the standpoint of its reconstruction, but also financially, and its reputation.”
Speaking to reporters later that day at the White House, Trump said he was “surprised” and “honored” by the board’s vote.
“This was brought up by one of the very distinguished board members, and they voted on it, and there’s a lot of board members, and they voted unanimously. So I was very honored,” he said.
Earlier this year, GOP Rep. Mike Simpson of Idaho introduced an amendment that would have renamed the building after first lady Melania Trump, later saying she had not been aware of his efforts prior to the amendment’s public introduction.
Despite the board’s vote (made up of Trump-appointed loyalists), the original laws guiding the creation of the Kennedy Center during the Eisenhower, Kennedy, and Johnson administrations explicitly prohibit renaming the building. Any change to its name would require an act of Congress.
Trump has exerted increasing control over the center in recent months. In February, he abruptly fired members of the Kennedy Center’s board and installed himself as chair, writing in a Truth Social post at the time, “At my direction, we are going to make the Kennedy Center in Washington D.C., GREAT AGAIN.”
In that post, Trump specifically cited his disapproval of the center’s decision to host drag shows.
He later secured more than $250 million from the Republican-controlled Congress for renovations to the building.
Since Trump’s takeover, sales of subscription packages are said to have declined, and several touring productions — including “Hamilton” — have canceled planned runs at the venue. Rows of empty seats have also been visible in the Concert Hall during performances by the National Symphony Orchestra.
“The Kennedy Center Board has no authority to actually rename the Kennedy Center in the absence of legislative action,” House Minority Leader Hakeem Jeffries told reporters.
For decades, the Kennedy Center has hosted performances by LGBTQ artists and companies, including openly queer musicians, choreographers, and playwrights whose work helped push LGBTQ stories into the cultural mainstream. Those artists include the Gay Men’s Chorus of Washington, Harvey Fierstein, and Tennessee Williams.
In more recent years, the center has increasingly served as a space for LGBTQ visibility and acceptance, particularly through Pride-adjacent programming and partnerships.
That legacy was on display at this year’s opening production of Les Misérables, when four drag performers — Tara Hoot, Vagenesis, Mari Con Carne, and King Ricky Rosé — attended in representation of Qommittee, a volunteer network uniting drag artists to support and defend one another amid growing conservative attacks.
“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”
The creation of the Kennedy Center is outlined in U.S. Code, which formally designates the institution as the John F. Kennedy Center for the Performing Arts.
As a result, it appears unlikely that Congress will come together to pass legislation allowing the historic venue to be renamed.
The White House
HHS to restrict gender-affirming care for minors
Directive stems from President Donald Trump’s Jan. 28 executive order
The U.S. Department of Health and Human Services announced Thursday that it will pursue regulatory changes that would make gender-affirming healthcare for transgender children more difficult, if not impossible, to access.
The shift in federal healthcare policy stems directly from President Donald Trump’s Jan. 28 executive order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.
The executive order outlines a broader effort to align HHS with the Trump–Vance administration’s policy goals and executive actions. Those actions include defunding medical institutions that provide gender-affirming care to minors by restricting federal research and education grants, withdrawing the 2022 HHS guidance supporting gender-affirming care, requiring TRICARE and federal employee health plans to exclude coverage for gender-affirming treatments for minors, and directing the Justice Department to prioritize investigations and enforcement related to such care.
HHS has claimed that gender-affirming care can “expose them [children] to irreversible damage, including infertility, impaired sexual function, diminished bone density, altered brain development, and other irreversible physiological effects.” The nation’s health organization published a report in November, saying that evidence on pediatric gender-affirming care is “very uncertain.”
The Centers for Medicare and Medicaid Services is now in the process of proposing new rules that would bar hospitals from performing what the administration describes as sex-rejecting procedures on children under age 18 as a condition of participation in Medicare and Medicaid programs. Nearly all U.S. hospitals participate in Medicare and Medicaid. HHS said that “this action is designed to ensure that the U.S. government will not be in business with organizations that intentionally or unintentionally inflict permanent harm on children.”
Health and Human Services Secretary Robert F. Kennedy Jr. released a statement alongside the announcement.
“Under my leadership, and answering President Trump’s call to action, the federal government will do everything in its power to stop unsafe, irreversible practices that put our children at risk,” Kennedy said. “This administration will protect America’s most vulnerable. Our children deserve better — and we are delivering on that promise.”
Those claims stand in direct opposition to the positions of most major medical and healthcare organizations.
The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures that restrict access to trans healthcare.
“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”
Jennifer Levi, senior director of transgender and queer rights at GLBTQ Legal Advocates and Defenders, warned the proposed changes would cause significant harm.
“Parents of transgender children want what all parents want: to see their kids thrive and get the medical care they need. But this administration is putting the government between patients and their doctors. Parents witness every day how their children benefit from this care — care backed by decades of research and endorsed by major medical associations across the country. These proposed rules are not based on medical science. They are based on politics. And if allowed to take effect will serve only to drive up medical costs, harm vulnerable children, and deny families the care their doctors say they need. These rules elevate politics over children — and that is profoundly unAmerican.”
Human Rights Campaign President Kelley Robinson echoed Levi’s sentiments.
“The Trump administration is relentless in denying health care to this country, and especially the transgender community. Families deserve the freedom to go to the doctor and get the care that they need and to have agency over the health and wellbeing of their children,” Robinson said. “But these proposed actions would put Donald Trump and RFK Jr. in those doctor’s offices, ripping health care decisions from the hands of families and putting it in the grips of the anti-LGBTQ+ fringe. Make no mistake: these rules aim to completely cut off medically necessary care from children no matter where in this country they live. It’s the Trump administration dictating who gets their prescription filled and who has their next appointment canceled altogether.
The announcement comes just days after U.S. Rep. Marjorie Taylor Greene (R-Ga.) advanced legislation in Congress that would make it a felony to provide gender-affirming care to a child.
