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Pentagon maps out way ahead for open service

Officials pledge to move forward with ‘Don’t Ask’ repeal swiftly

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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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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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