National
‘Don’t Ask’ repeal could be certified mid-summer
Pentagon officials testify on ending military’s gay ban
Top Pentagon officials said Friday that “Don’t Ask, Don’t Tell” repeal training could sufficiently be complete by mid-summer to allow for certification to end to the law at that time during a congressional hearing in which GOP lawmakers expressed discontent with moving toward open service.
In a hearing before the House Armed Services personnel subcommittee, Undersecretary of Defense for Personnel & Readiness Clifford Stanley and Director of the Joint Staff Vice Adm. William Gourtney said implementation for “Don’t Ask, Don’t Tell” repeal is proceeding on track and troops are being trained to handle open service.
Stanley told the Republican-controlled panel that training could be sufficiently finished by mid-summer to allow for certification for repeal.
“We’re looking at mid-summer” to move towards certification, Stanley said, adding that this target time could be delayed if something disruptive emerges that Pentagon leaders don’t anticipate.
According to Stanley, the U.S. military has trained more than 200,000 members of the armed forces on handling open service, or about nine percent of the armed forces.
Gourtney concurred that mid-summer is the time for when certification for repeal is expected to happen.
“It’s really the magnitude of the challenge that’s out there and making sure that as we get our arms around the magnitude of the challenge, we don’t miss anything,” Gourtney said. “So we’re grateful for the deliberate process that has been laid out and we’re [looking at] mid-summer for the recommendation. Followed by 60 days after that, repeal is achievable.”
In December, President Obama signed legislation allowing for repeal of “Don’t Ask, Don’t Tell,” but the anti-gay law will only be off the books after 60 days pass following certification from the president, the defense secretary, and the chair of the Joint Chiefs of Staff. Gay service members are still in danger of discharge from the armed services until the certification process is complete.
The military services are progressing with three tiers of training to prepare troops for “Don’t Ask, Don’t Tell.” The Pentagon previously established in its repeal implementation plan that the completion of Tier 2 training — or the training of leadership of troops within a service — could be the time when certification could happen.
According to Stanley’s written testimony before the committee, Tier 2 training for the Navy is set to end on April 30, for the Air Force on May 1 and for the Coast Guard on May 15. For the Army, Tier 2 training is set for completion for its active component on July 15 and its reserve component on August 15. The Tier 2 training for the Marine Corps was already set for completion on March 15.
Goutney said the time for issuing repeal certification is dependent on when the Army completes its training for “Don’t Ask, Don’t Tell.” The admiral said instruction for the Army is expected to be complete at a later time because the service is larger than others.
Following the hearing, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, told the Washington Blade he believed training for “Don’t Ask, Don’t Tell” could be accelerated and should be concluded by May 1.
“There’s no reason why it should take the better part of this year to get to open service,” Sarvis said. “So, if we don’t have certification until mid-July or August, then we’re talking about October or November before we get there. I don’t think that’s what the majority of members of voted for repeal had in mind.”
The subcommittee testimony from Stanley and Gourtney was expected to precede a hearing the full House Armed Services Committee on April 7. Josh Holly, a committee spokesperson, told the Blade each of the military service chiefs are slated to testify on “Don’t Ask, Don’t Tell” repeal on that date.
As Stanley and Gourtney provided an update on “Don’t Ask, Don’t Tell” repeal implementation efforts, they fielded questions from Republican subcommittee members who were hostile to moving torward open service.
Rep. Joe Wilson (R-S.C.), chair of the subcommittee, expressed displeasure with the pace at which the Democratic-controlled Congress last year moved forward with repeal legislation during the lame duck session of Congress.
“I felt the repeal was rushed through without adequate review and consideration of the extent of the full implications of repeal,” Wilson said. “I believe the lame duck session was undemocratic and that dozens of defeated congress members adopted a law with significant consequences, but it failed to even pass a budget. It was a violation of the principles of representative democracy.”
In response, Sarvis blasted Wilson for suggesting that Congress improperly moved forward with “Don’t Ask, Don’t Tell” repeal last year.
“Mr. Wilson knows better,” Sarvis said. “There was nothing undemocratic about last year’s vote to repeal ‘Don’t Ask, Don’t Tell.’ The measure passed both houses of Congress on a strong bi-partisan vote.”
Rep. Mike Coffman (R-Colo.), a veteran of the Army and Marine Corps, was particularly critical of the Pentagon report favoring open service that came out before Congress repealed the law and said he had “no confidence in the process” for implementing open service.
“I think that this survey and study was a conclusion looking for a study,” he said. “This is a political decision made by the executive branch and the military will follow it under whatever circumstances or ramifications it has to the combat effectiveness of our forces.”
Some of the more pointed criticism of “Don’t Ask, Don’t Tell” came from freshmen GOP lawmakers who were elected to office in 2010 during the Republican wave and weren’t present for the vote last year on ending the military’s gay ban.
Rep. Allen West (R-Fla.), an Army veteran of the first Persian Gulf War, said allowing open gays to serve in the armed forces is, in effect, forming “the military to a behavior.”
“I remember going through the military, we took behaviors and we formed it to the military,” West said. “Using a term that they have over in the Middle East, I’m just very wary of the fact that this could be the camel getting his nose under the tent.”
West also invoked the 2009 Foot Hood shootings in which Nidal Hasan, a U.S. Army major serving as a psychiatrist, was charged with killing people 13 with a firearm and wounding 29 others. Hasan is an American-born Muslim of Palestinian descent, and questions have emerged over whether pressures over his religion prompted the incident.
“We had commanders up here at Walter Reed that saw some very disturbing behaviors there with Maj. Nidal Hasan, but for whatever reasons — I think one of the main reasons is the retribution of an atmosphere of political correctness — they did not speak out about that,” West said. “Of course, we know what happened when he was transferred down to Foot Hood, Texas.”
R. Clarke Cooper, executive director of the Log Cabin Republicans, said he’s offended West would suggest “political correctness would trump military order and discipline” in addition to the lawmaker’s comparison of the service of gay troops to the Fort Hood assault.
“Congressman West’s remarks were an unnecessary and unfortunate distraction from the valuable report by the repeal implementation team,” Cooper said.
Questioning backfired on one freshman Republican who apparently was attempting to demonstrate that gay troops have been discharged not for identifying as gay, but for violating the military’s code of conduct.
Rep. Austin Scott (R-Ga.) asked Gourtney whether as a Navy officer he had discharged anyone from service because of sexual orientation. Gourtney admitted that he had in either 1994 to 1995.
“We had an incident shortly after ‘Don’t Ask, Don’t Tell’ passed that a young sailor came forward through his chaplain, through our chaplain, that he was gay, and we discharged him from the service,” Gourtney said.
When Scott pressed on whether this sailor was discharged because he was gay or because he violated a standard of conduct, Gourtney replied that it was because of the sailor’s gay identity and not for any other violation, much to the surprise of Scott.
“That’s not the answer I thought you would give,” Scott said, eliciting laughter from those who were in attendance at the hearing.
Gourtney added that there are cases in which standards of conduct have been violated as part of separations under “Don’t Ask, Don’t Tell,” but said these incidences are few in number.
Additionally, Scott asked about the cost of implementing “Don’t Ask, Don’t Tell.” Stanley replied the cost of training material has been about $10,000 — considerably a low number for government spending.
But Scott expressed skepticism about the estimate and requested further information.
“If something was done at the [Defense Department] for $10,000, I’d like to know what it was,” Scott said. “I haven’t seen anything out of there with a price-tag that low.”
Rep. Vicky Hartlzer (R-Mo.), another freshman Republican, noted that men and women aren’t permitted to bunk or shower to together in the armed forces and questioned why the military would ask straight troops to shower with gay service members.
In response, Gourtney said the rationale is based on the difference between gender and sexual orientation.
“Gender is very public and sexual preference is very private,” Gourtney said. “We’re not asking about their sexual preference.”
But Gourtney’s answer apparently didn’t allay Hartlzer, who said the military isn’t “being consistent” with its policy.
“I’m very concerned that in a time of war in our country — we have men and women in harm’s way — that we are making such a radical, major shift in our policy,” she said.
Hartlzer isn’t a stranger to taking anti-gay positions. Last month, she introduced a House resolution condemning President Obama for dropping defense of the Defense of Marriage Act against litigation in court.
Democrats who voted in favor of “Don’t Ask, Don’t Tell” repeal defended the decision of Congress to end the statute last year and said the focus of the 112th Congress should be moving toward that goal.
Rep. Susan Davis (D-Calif.), ranking Democrat on the subcommittee, said discussion should move away from whether open service should be implemented and Congress should instead focus on proper oversight of “Don’t Ask, Don’t Tell” repeal.
“I think the debate is no longer really on whether or not to allow gay, lesbian and bisexual American from serving in uniform,” Davis said. “The issue that we are here to focus on today is how the services and the department are preparing — and informing leadership — on how the policies and regulations that are being considered have an impact on military readiness, military effectiveness, unit cohesion and recruiting and retention of the armed forces.”
Rep. Chellie Pingree (D-Maine) said “Don’t Ask, Don’t Tell” repeal was a change that Congress needed last year to enact because the anti-gay law is “morally reprehensible policy.”
“I just think that it violated the fundamental value of fairness and equal treatment that we cherish in this country, and I’m just so pleased that we’re here to talk about the end to it and the transition out of it, which, I think, is great,” she said.
Following Scott’s question on the cost of implementing repeal, Pingree said the $10,000 number is infinitesimal compared to the $193.3 million estimate offered by the Government Accountability Office in January on the cost of “Don’t Ask, Don’t Tell” from fiscal years 2004 to 2009.
“It’s not only unconscionable that these people were willing to serve their country and came forward, or were asked to leave, but the costs are horrendous,” she said.
Despite the qualms of Republican subcommittee members, LGBT advocates dismissed the possibility that Congress could at this point delay or derail the end to the military’s gay ban. Rep. Duncan Hunter (R-Calif.) has introduced legislation that would expand the certification requirement to include input from each of the service chiefs, which, if enacted into law, could disrupt the repeal process.
Davis told the Blade she doesn’t think Congress has a chance of interfering with “Don’t Ask, Don’t Tell” now that legislation has already passed a measure that would repeal the statute.
“I think there are people that would love to slow down the process, but actually I think it’s proceeding fairly well and I don’t know that that would be necessary,” she said.
Sarvis said the ability of the opponents of “Don’t Ask, Don’t Tell” repeal in Congress to thwart open service at this time is “highly unlikely.”
“Obviously, there are a few members who would like to delay or derail, but I don’t think that’s where a majority are,” Sarvis said.
National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.
The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing.
It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.
One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.
The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court.
One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.
President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.
Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.
In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.
The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.
Congress
Ogles faces bipartisan backlash over anti-gay social media post
Tenn. congressman blamed the comment on staffer
U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”
“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.
According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.
Following widespread criticism, Ogles removed the post and blamed it on a staff member.
“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.
The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.
Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.
“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”
U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.
“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”
Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.
“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”
Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.
“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”
The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”
Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.
Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”


