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GOP in last ditch effort to block ‘Don’t Ask’ repeal?

McCain denies dropping START support over gay ban

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Gay rights supporters continue to express optimism that the Senate is on its way to repealing “Don’t Ask, Don’t Tell” as Republican senators have reportedly threatened to withdraw support from a nuclear arms reduction treaty if a vote on the miltary’s gay ban proceeds as planned.

According to Congressional Quarterly, Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) have said they would no longer support the START Treaty if Senate Majority Leader Harry Reid (D-Nev.) proceeds with a vote on “Don’t Ask, Don’t Tell” and the DREAM Act, an immigration-related bill.

Reid on Thursday night filed cloture on the “Don’t Ask, Don’t Tell” repeal legislation as well as the DREAM Act. The vote on “Don’t Ask, Don’t Tell” could come as soon as Saturday if the Senate fails to invoke cloture first on the DREAM Act.

On the Senate floor, Sen. Bob Corker (R-Tenn.) predicted the treaty’s failure if the chamber moves onto what he called “partisan, political, issues, brought forth to basically accommodate activist groups around this country,” presumably referring to “Don’t Ask, Don’t Tell” and immigration.

“I’m hoping that those will be taken down or else I don’t think the future of the START treaty over the next several days is going to be successful, based on what I’m watching,” Corker said.

On the Senate floor, McCain seemed to distance himself from Corker and dispute the reporting that he and Graham were basing their support for the START Treaty on other measures that were coming to the floor.

“There continues to swirl allegations that there is going to be a vote for it or against it because of another piece of legislation or for other reasons — for other political reasons,” McCain said. “I reject that allegation.”

Brooke Buchanan, a McCain spokesperson, said via e-mail to the Washington Blade, that the assertions that McCain is threatening to withdraw support from the START Treaty over “Don’t Ask, Don’t Tell” are “not true.”

“McCain will base his support on START on the merits of the Treaty and if his concerns regarding Missile Defense have been addressed,” Buchanan said.

Graham’s office didn’t respond on short notice to the Blade’s request for comment on the issue.

An informed source said Congressional Quarterly is standing by its reporting in the article.

The START Treaty has been a priority for the White House in the lame duck session of Congress and support from McCain and Graham is seen as essential to reaching the 67-vote threshold necessary to ratify the treaty.

The reported ultimatum offered by Republicans senator could put the White House and Democratic leadership in the difficult position of having to choose between the two agenda items.

Still, the plan seems to be to continue with “Don’t Ask, Don’t Tell” repeal as planned. Regan Lachapelle, a Reid spokesperson, said Senate leadership intends to hold a vote Saturday as announced Thursday.

A White House spokesperson didn’t respond on short notice to a request for comment on whether the reported threats from Republicans would disrupt plans for “Don’t Ask, Don’t Tell.”

Optimism over ‘Don’t Ask’ vote

Amid these reported threats, supporters of “Don’t Ask, Don’t Tell” repeal said prospects look good for the Senate vote and pledged to keep up the pressure until Congress finishes the job.

Sen. Joseph Lieberman (I-Conn.), the sponsor of the stand-alone bill, said he’s “very optimistic” the legislation will pass the Senate and noted the bill currently has more than 50 co-sponsors.

“But we know it ain’t over till it’s over and until all the votes are counted,” Lieberman said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, also predicted the Senate will vote to repeal “Don’t Ask, Don’t Tell” on Saturday.

“I believe senators will do that,” Sarvis said. “I think we’re going to have a good weekend, and I just want to say we are delighted to be here after 17 years having this historic opporunity. I believe we’re on the brink of victory in the next day or two.”

To increase pressure on the Senate, gay troops who were discharged under “Don’t Ask, Don’t Tell” and who are affiliated with SLDN are pledging to sit in the Senate gallery until the “Don’t Ask, Don’t Tell” repeal vote is taken.

Sarvis said these service members have come to the Senate to say they’re going to stay here until the Senate repeals “‘Don’t Ask, Don’t Tell.”

“So between now and adjournment, these service members and others like them — somewhere between two and 10 each hour — will be in the Senate galleries until the Senate acts,” Sarvis said.

Anthony Woods, an Army Iraq war veteran who was discharged in 2008, said during the news conference that implementation of open service in the U.S. military would have no impact on battle effectiveness.

“My soldiers didn’t care about anyone’s sexual orientation,” Woods said. “I was an armor officer, so we were on tanks in some of the toughest of parts of Iraq and it didn’t matter one bit what someone’s sexual orientation was.”

During the news conference, other lawmakers who have worked to repeal “Don’t Ask, Don’t Tell” railed against the gay ban as they called for an end to the law.

Sen. Kirsten Gillibrand (D-N.Y.) said she thinks “Don’t Ask, Don’t Tell” is “unconstiutional” as she commended gay service members for serving under “difficult circumstances.”

“I want to thank you for your dedication and commitment despite such difficulties and despite such requirements that, I think, fundamentally, are not only unfair and unconstitutional, but in violation of who we are as Americans,” Gillibrand said.

Many gay rights advocates have been calling on President Obama to declare “Don’t Ask, Don’t Tell” unconstitutional so he could discontinue enforcement of the law.

A vote for final passage normally takes place 30 hours after the Senate invokes cloture on a bill, but Lieberman said a final vote could take place on the same day if cloture is invoked and the Senate has unanimous consent to move forward ahead of time.

“I hope that we may reason together and decide to yield back some time and perhaps get to final passage tomorrow before the end of the day.”

If all 57 senators who voted in favor of the motion to proceed last week on the fiscal year 2011 defense authorization bill vote to invoke cloture on the “Don’t Ask, Don’t Tell” legislation, only three more votes would be needed to reach the 60-vote threshold necessary to move forward with the bill.

Lieberman has said Sen. Blanche Lincoln (D-Ark.), who didn’t vote this month on the defense authorization bill, would vote in favor of the “Don’t Ask, Don’t Tell” stand-alone bill. Sens. Scott Brown (R-Mass.), Lisa Murkowski (R-Alaska) and Olympia Snowe (R-Maine) have also indicated they would support the stand-alone bill, which should bring the vote tally up to 61.

Still, SLDN has included Sen. Kent Conrad (D-N.D.) on its list of senators whom repeal supporters need to pressure before the “Don’t Ask, Don’t Tell” vote. If Conrad votes “no” or takes a walk, his action could put the repeal bill right at the 60-vote threshold neeeded to go forward — or even below that threshold if there are any surprises.

During the news conference, Lieberman declined to elaborate on what he believed Conrad’s position was on “Don’t Ask, Don’t Tell” and said he’d let the North Dakota senator speak for himself.

“I think you’ll have to talk to him,” Lieberman said. “Let’s say for now, I’m confident that got more than 60 votes.”

Conrad’s office didn’t respond on short notice to a request to comment on how the senator would vote on “Don’t Ask, Don’t Tell.”

Amendments not an issue for ‘Don’t Ask’ bill

Debate over amendments had previously been an issue with the fiscal year 2011 defense authorization bill to which “Don’t Ask, Don’t Tell” was attached, which failed to pass in the Senate earlier this month, but that doesn’t seem to be a factor in the vote on the standalone repeal legislation.

Many Republican senators said they voted “no” on the defense authorization bill because they didn’t feel the amendment process for the legislation was fair to the minority party.

For the “Don’t Ask, Don’t Tell” legislation, Reid has “filled the tree” and is not permitting amendments on the bill to ensure that the legislation the Senate approves will be identical to the measure passed earlier this week by the House.

Lachapelle said the cloture vote on “Don’t Ask, Don’t Tell” is “an opportunity for senators to show where they stand on the issue.”

“Amendments at this point would only serve to kill the bill,” she said.

Even though senators who expressed support for “Don’t Ask, Don’t Tell” have previously voted “no” on the defense authorization bill based on concerns on the amendment process, Lieberman said no senators who have been supportive said they would vote “no” based on amendment on the standalone bill.

In fact, Lieberman said two senators — Sens. Susan Collins (R-Maine) and Lisa Murkowksi (R-Alaska) — confirmed they would vote in favor of the “Don’t Ask, Don’t Tell” bill even with no amendments.”

“Although both of them wanted their to be a number of amendments allowed on the defense authorization bill, they said that was very different because it was a big bill, 900 pages — there ought to be a free and reasonable debate,” Lieberman said. “The repeal of “Don’t Ask, Don’t Tell,” I think, at this point is four or five pages.”

Lieberman said both Collins and Murkowski indicated that opponents of repeal “will have full opportunity to speak against it, but we ought not to give people the opportunity to delay it further or try to pass an amemdment that effectively kill the bill.”

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

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. 

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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

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

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.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

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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