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‘Don’t Ask’ repeal a tough act to follow

ENDA, marriage up next — but how long will they take?

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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.

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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New York

Gay ICE detainee freed after 150 days in detention

Cayman Islands native taken into custody before green card interview

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Allan Marrero, left, and Matthew Marrero (Photo courtesy of Middle Church)

Following nearly half a year in U.S. Immigration and Customs Enforcement detention, Allan Marrero has been released and is back home with his husband in New York.

Marrero spent 150 days in ICE custody, held in multiple detention centers across the U.S. after missing an immigration court hearing while in a rehabilitation program for alcohol addiction — a circumstance widely considered “good cause” for failing to appear.

The Washington Blade first reported on Marrero’s case in March after the Cayman Islands native was detained by ICE officers during what was supposed to be a routine marriage-based green card interview at 26 Federal Plaza in New York City.

Marrero had been married to his husband, Matthew Marrero, for two years at the time of the interview. But almost immediately, the experience turned hostile.

The Rev. Amanda Hambrick Ashcraft, a minister at Middle Church in Manhattan who accompanied the couple to provide spiritual support, later described the process as “dehumanizing” and “barbaric.”

During the interview, it became clear the couple was facing an uphill battle. At one point, when asked how they met, Matthew Marrero instinctively looked over at his husband and was “snapped at” and told not to look at him. As the interview continued, the outlook only grew more grim.

Unaware that he had a prior removal order tied to the missed court date while he was in rehab, Allan Marrero was detained on the spot.

Over the following months, Allan Marrero was transferred through multiple detention facilities, including centers in Arizona and Texas, the Everglades Detention Facility — also known as “Alligator Alcatraz,” which has been described as having “unsanitary inadequate conditions” — and ultimately a detention center in Mississippi.

While in custody, Allan Marrero was denied access to prescription medication and, according to advocates, was psychologically pressured by ICE agents to self-deport rather than remain detained while his legal case proceeded.

Although a judge later reopened his case and granted bond after Allan Marrero provided proof that he had been in rehab — a valid medical reason for missing his court date — ICE used procedural mechanisms to keep him detained. A separate judge later issued a ruling denying relief, leaving Allan Marrero in custody.

On the outside, Matthew Marrero said his life felt as though it had been put on pause so ICE could meet enforcement quotas.

“[It feels like] somebody came in and kidnapped someone close to you and took away all of your control and power,” Matthew Marrero told the Blade on March 7. “You shouldn’t be able to have this much control over somebody’s life, especially if they are trying to do the right thing … You’re not going after criminals, you’re not going after the worst of the worst. You’re trying to fill a quota.”

Alexandra Rizio, Allan Marrero’s attorney with Make the Road New York, a progressive grassroots immigrant-led organization, told the Blade that “there seems to be an underlying element of cruelty baked into not only this administration, but everything.”

“It didn’t have to go down that way,” Rizio continued. “If someone goes in for a green card interview and their marriage interview, and they learn that they have a removal order, what the USCIS officer could have done is say, ‘Look, you have a removal order in your name. You need to go hire an attorney right away to get this taken care of. I can’t adjudicate your green card…’ And if you hire a lawyer, you know, you might be able to get it straightened out. Of course, that’s not what happened. And so ICE, which was in the building, were called and they did arrest Allan.”

The Marreros are scheduled to hold a press conference on Tuesday at Middle Church, where Allan Marrero will speak publicly for the first time about his detention.

For additional information on the press conference please visit middlechurch.org

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