National
‘Don’t Ask’ repeal a tough act to follow
ENDA, marriage up next — but how long will they take?
Rep. Barney Frank was at the enrollment ceremony for the 'Don't Ask' repeal (Blade photo by Michael Key).
A precursor of more LGBT rights advances to come? Or the last victory that the LGBT community will see for some time as Republicans retake the House in January?
Either way, LGBT rights advocates agree the legislative repeal of “Don’t Ask, Don’t Tell” was a major victory that will send to the dustbin of history a 17-year-old statute barring open gay and lesbian Americans from the armed forces.
On Tuesday, a number of lawmakers said repeal of “Don’t Ask, Don’t Tell” represents a seismic change in how the United States has come to view LGBT people over the course of the past 17 years. The remarks were made during the enrollment ceremony in which U.S. House Speaker Nancy Pelosi (D-Calif.) signed the legislation to send it to President Obama’s desk. Obama signed the bill into law on Wednesday.
Sen. Barbara Boxer (D-Calif.) recalled that in 1993, as a freshman member of the U.S. Senate, she offered an amendment to major defense budget legislation containing “Don’t Ask, Don’t Tell” to strip the bill of the then-proposed gay ban before it was implemented.
“I offered an amendment to take it out 17 years ago, and I got 33 votes,” Boxer said. “Here’s the amazing irony — wonderful irony — is that on the procedural vote … in the Senate this time, only 33 people said, “Let’s keep it in,” and the rest said, ‘Get rid of it.’”
Rep. Barney Frank (D-Mass.), the longest-serving openly gay lawmaker in Congress, said the repeal of the military’s gay ban checks off an important outstanding goal that LGBT advocates had been seeking for some time.
Frank recalled that in 2006, then-Rep. John Hostettler of Indiana urged people in his district not to vote for his Democratic opponent Brad Ellsworth because his election would lead to the advancement of what Hostettler called the “radical homosexual agenda.”
“So let me own up to that agenda: it’s to be protected against violent crimes driven by bigotry, it’s to be able to get married, it’s to be able to get a job and it’s to be able to fight for our country,” Frank said. “Let me put them on notice! Two down, two to go!”
A number of LGBT advocates are hoping that the win with “Don’t Ask, Don’t Tell” will generate momentum for other victories such as relationship recognition for same-sex couples and passage of an employment non-discrimination law.
Winnie Stachelberg, vice president for external affairs at the Center for American Progress, said the conversations about gays in the military will lead to further discussions about other LGBT rights.
“The repeal of ‘Don’t Ask, Don’t Tell’ is not just going to be about the military,” Stachelberg said. “It enables conversation about workplace discrimination that we haven’t been able to have. It will have implications for state legislative battles and other issues.”
A Senate Democratic aide, who spoke to the Washington Blade on condition of anonymity, said “Don’t Ask, Don’t Tell” repeal will have a huge “psychological” impact on the Senate in terms of passing pro-LGBT legislation in the future because opponents of ending the gay ban — like Sen. John McCain (R-Ariz.) — failed in their efforts to stop repeal despite their best efforts.
“John McCain was absolutely neutered on this,” the aide said. “You saw how angry and vociferous he was on this, and he saw the foundation crack away under him. Republicans are no longer going to be as beholden to the arguments of yesterday that get put forward by people like McCain or [Sen. James] Inhofe.”
Patrick Egan, a gay political science professor at New York University, said repeal of “Don’t Ask, Don’t Tell” demonstrates the “maturing” of the LGBT community as a core constituency of the Democratic Party.
“This was no ‘flight by night’ effort by Obama,” Egan said. “It was a carefully considered, determined and well-planned, orchestrated effort by a Democratic administration to follow through on a campaign promise.”
Still, with a smaller Democratic majority in the Senate and Republican control of the House next year, most Capitol Hill observers see LGBT advances in the 112th Congress – such as passage of the Employment Non-Discrimination Act or relationship recognition laws — as difficult if not outright impossible.
The Democratic aide said the repeal of “Don’t Ask, Don’t Tell” helps build momentum in the Senate for LGBT issues, but the Republican-controlled House will likely be “a big stumbling block.”
“In the next Congress, we’ll probably see a reversed situation from what we saw in this Congress,” the aide said. “In this Congress, the House was more amenable to the pro-gay rights legislation, and the Senate was less amenable.
With the Republican House next Congress, we’ll see that it’s the Senate that becomes more amenable to pro-gay legislation.”
Egan also expressed pessimism about the passage of pro-LGBT bills in the next Congress because of the ascent of Rep. John Boehner (R-Ohio) as House speaker.
“When Republicans control even just one chamber of the legislature — as they’re going to do with the House in 2011 and 2012 — gay people just never win anything,” Egan said. “You really need Democratic control of legislatures — and typically the executive branch — in order for any significant movement on gay rights to occur.”
Still, Egan said affirmative votes on “Don’t Ask, Don’t Tell” repeal from senators like Jon Tester (D-Mont.) and Richard Burr (R-N.C.) could be a sign that LGBT bills will be seen as less partisan votes in the future.
“It indicates that legislators are becoming less afraid of voting in favor of gay rights — even on something as sensitive as military policy,” Egan said.
Stachelberg acknowledged that moving pro-gay legislation in the next Congress will be a “daunting task,” but said repeal of “Don’t Ask, Don’t Tell” will at least enable conversations to take place on issues such as job discrimination.
“I don’t want to suggest things will be easy because of it,” Stachelberg said. “But it’s a useful debate to have had and as implementation moves through the Pentagon, we’ll continue to be talking about workplace discrimination in a helpful way.”
Stachelberg said those working on the passage of ENDA “ought to learn” from the strategy of the “Don’t Ask, Don’t Tell” repeal campaign, which made those aggrieved by the status quo the public faces of the repeal effort.
She noted that gay service members outed under “Don’t Ask, Don’t Tell” were visible in the campaign and said it was “terribly important” in the effort.
“From Mike Almy, to [Victor] Fehrenbach, to [Anthony] Woods, to Stacey [Vasquez] to all the members of the military who suffered this discrimination coming forward telling their stories — it’s essential that our community tell the story of LGBT workplace discrimination in an equally powerful way,” she said.
Discussion has already emerged about whether the legislative repeal of “Don’t Ask, Don’t Tell” would have an impact on the issue of same-sex marriage or lead to greater support for gay nuptials among the public.
Stachelberg said open service in the U.S. military and same-sex marriage are “completely different issues,” but maintained discussion of the military’s gay ban could facilitate greater visibility for marriage.
“We should acknowledge that the path to LGBT equality, first of all, is not linear,” she said. “This ‘Don’t Ask. Don’t Tell’ debate helps because it provides a really great, clear discussion point about what just happened, and I think it will open up about marriage equality.”
Egan said repeal of “Don’t Ask, Don’t Tell” has already led social conservatives to make a distinction in their rhetoric between an end to the military’s gay ban and same-sex marriage.
“They need to concede that defeat and acknowledge that this is more or less a permanent change that reflects changing attitudes in society about gay people, but at the same time make the case that their argument about marriage is different,” Egan said.
Egan said he’s seen statements from social conservatives saying LGBT advocates through the repeal of “Don’t Ask, Don’t Tell” weren’t seeking to change the institution of the military, but are seeking to change the institution of marriage by advancing gay nuptials.
“It’s required a bit of a re-calibration of the arguments put forward by the anti-marriage advocates to portray themselves as not believing in discrimination, not believing in inequality, but instead trying to defend a cherished social institution,” he said.
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.
D.C. liquor board extends drinking hours for WorldPride
PHOTOS: Victory Fund National Champagne Brunch
Executive director of LGBTQ Catholic group to travel to Rome for conclave
Tom Goss returns with ‘Bear Friends Furever Tour’
Calendar: May 2-8
Second federal lawsuit filed against White House passport policy
We must show up to WorldPride 2025 in D.C.
TRAITOR: Treasury Secretary Scott Bessent has blood on his hands
Ruby Corado sentencing postponed for third time
A room with Pride: D.C.’s LGBTQ history finds a new home at the Eaton
-
U.S. Federal Courts5 days agoSecond federal lawsuit filed against White House passport policy
-
Opinions5 days agoWe must show up to WorldPride 2025 in D.C.
-
Opinions2 days agoTRAITOR: Treasury Secretary Scott Bessent has blood on his hands
-
District of Columbia5 days agoRuby Corado sentencing postponed for third time