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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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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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