National
Pentagon maps out way ahead for open service
Officials pledge to move forward with ‘Don’t Ask’ repeal swiftly

Under Secretary of Defense for Personnel & Readiness Clifford Stanley and Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright (Blade photo by Michael Key).
Top Pentagon officials on Friday gave assurances that the U.S. armed forces would implement “Don’t Ask, Don’t Tell” repeal swiftly and that training need not be instituted throughout the entirety of the military before an end to the gay ban is certified.
During a news conference, Under Secretary of Defense for Personnel & Readiness Clifford Stanley and Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright briefed reporters on Pentagon plans for moving ahead with open service.
Cartwright noted that ending the gay ban doesn’t require “100 percent of the people to be trained” and said troops in the Reserves and National Guard may not receive the new education before going forward.
“We’re going to try to get as a high percentage of the units as quickly as we can — and that will be our focus initially — because that’s the way we manage deployments,” Cartwright said. “But it doesn’t require 100 percent of the people, and we’re going to have some challenges with Guard and Reserve that are not on active duty right now, finding them, getting to them, etc.”
In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he concurs with Cartwright’s assessment that training need not be instituted throughout the entire military before going ahead.
“I agree with General Cartwright that all of the troops, from top to bottom, do not need to undergo a comprehensive training and educational program before there is certification,” Sarvis said. “The training and education plan need only be in place. The fact is education and training around open service can be accomplished in the first and second quarter of this year.”
During the news conference Stanley echoed comments made earlier this month by Gates and said he envisions the implementation of repeal being a three-step process. The first step would be changing policies and regulations; the second, issuing new training; and the third, educating the actual force.
“As we do that, and we’re doing it expeditiously,” Stanley said. “We’re doing it quickly in terms of the first parts of that.”
Stanley said the military services will start the training in February, but noted each service is going to approach training differently.
Cartwright similarly said the military service chiefs feel the best way to move forward with repeal is move as quickly as possible — even as he acknowledged that process of educating 2.2 million in the U.S. military means “we’re probably going to have some discovery as we go.”
“The service chiefs — the one key activity that has probably common to all of the meetings has been feeling that moving along expeditiously is better than dragging it out,” Cartwright said. “We’ve learned that from other services, other nations that have moved down this path.”
Cartwright said the Pentagon has instituted a “feedback mechanism” in which the service chiefs would meet every two weeks to discuss changes and concerns as the implementation process moves forward.
In a statement, Alex Nicholson, executive director of Servicemembers United, said the speed with which the Pentagon is moving with implementation of “Don’t Ask, Don’t Tell” repeal is “promising.”
“We will continue to monitor this process and communicate any concerns that arise to the military leadership as the process unfolds, but overall we are pleased with the Pentagon’s good faith effort to move with deliberate speed to end this chapter in our history,” Nicholson said.
In a memo issued Friday, Defense Secretary Robert Gates tasked Stanley with producing for implementing repeal of “Don’t Ask, Don’t Tell” repeal no later than Feb. 4. Also on Friday, Stanley issued policy guidance to the military services directing them to identify regulations that would be affected by repeal of “Don’t Ask, Don’t Tell” and to draft changes to conform to an end to the law.
“We expect to see essentially not a lot of changes in the policy, but there definitely needs to be policy clarification,” Stanley said.
President Obama signed legislation allowing for “Don’t Ask, Don’t Tell” repeal on Dec. 22, but the gay ban won’t be off the books until he, the defense secretary and the chair of the Joint Chiefs of Staff certify the military is prepared. After certification takes place, an additional 60-day waiting period must pass before gays can serve openly.
In his State of the Union address, Obama committed to implementing open service in the military this year. Gates has said he wants to implement new training before moving forward.
Asked whether there’s a target date for when certification will take place, Stanley declined offer a specific time and said the conditions on the ground will “dictate how fast we go.”
“To even imply that we have a target to do it by this date would be a misnomer,” Stanley said. “In essence, we’re going to move responsibly, quickly, but deliberately as we go through the process.”
Despite Obama’s commitment to make repeal happen by the year’s end, Cartwright said the military reserves the right to withhold certification for longer if a service chief hasan objection or if an unforeseen issue arises.
“If there’s an outstanding issue that we just didn’t anticipate, we certainly would reserve the right for that service chief, one, to have a voice in it, and two, to potentially … delaying activity,” Cartwright said.
Until certification takes place, Stanley said gay service members could still be discharged under current law. He added he’s heard “nothing about” a moratorium from within the Pentagon that would prevent discharges until that time, despite calls from lawmakers and activists to issue such an order.
In October, the Pentagon issued new regulations raising the discharge authority under “Don’t Ask, Don’t Tell,” which seem to have brought expulsions to a halt.
One lingering concern is whether the benefits that gay service members will receive will be on par with the benefits afforded to their straight counterparts.
Stanley’s guidance states that the Defense of Marriage Act prohibits the U.S. military from affording many benefits to same-sex partners of service members, but other benefits, such as death benefits, would still be available.
During the news conference, Stanley said the Pentagon plans no policy changes for benefits, but added leadership still may look at “emerging things” that may come forward as open service is implemented.
“There could be some things we aren’t anticipating,” Stanley said. “That’s why this is not so locked in and concrete. We’re saying, ‘Right now, no policy changes dealing with benefits.” But there could be something we don’t know about and that’s what aperture kind of remains slightly open.”
In a statement, Joe Solmonese, president of the Human Rights Campaign, said Stanley’s memo was too limited in proposing new benefits and protections for gay troops.
“While this implementation plan is a step in the right direction, it is critical that the Department address benefits issues and non-discrimination protections so that all service members are treated equally,” Solmonese said.
The HRC statement says that greater parity in benefits could be accomplished by revising regulations to add same-sex partners to the definitions of “dependent,” “family member,” or other similar terms in military regulations.
Further, HRC asserts that the Military Equal Opportunity program could be amended so gay servicemembers have a way to address discrimination complaints.
“Equalizing benefits and non-discrimination programs will ensure that gay, lesbian and bisexual service not be seen as different from their colleagues but rather on an level playing field,” Solmonese said.
Richard Socarides, president of the watchdog group Equality Matters, said he was disappointed non-discrimination protections by way of executive order or regulatory change weren’t mentioned during the news conference as a way to move forward.
“For implementation to succeed, the President must set a clear non-discrimination rule as President Truman did in 1948 when he desegregated the armed forces,” Socarides said. “That is the kind of leadership we need today.
Asked during the news conference what legal recourse gay service members would have if they faced discrimination, Stanley said the military code or principles already troops from being treated unfairly.
“The remedies you have are the remedies that already exist,” Stanley said. “There’s no need to create new remedies for that.”
Cartwright added service members have the right to speak to a superior officer if they feel they are being treated unfairly.
“We make sure that an individual has a way to remedy, even if they’re not sure that this was a law or a policy that was broken,” Cartwright said.
Pressed on whether a service members could assert discrimination based on sexual orientation to a superior officer, Cartwright said he would defer comment to a lawyer on the “exact right language” in addressing the issue.
Download Stanley’s guidance here.
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Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
