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Lesbian officer discharged under ‘Don’t Ask’ settles with Air Force

Witt to retire from Air Force with full benefits

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The high-profile case of a lesbian Air Force officer who was discharged under “Don’t Ask, Don’t Tell” and seeking reinstatement in the U.S. military has resulted in a settlement allowing her to retire with full benefits.

On Tuesday, the American Civil Liberties Union of Washington announced that Maj. Margaret Witt, a flight nurse separated in 2007 under “Don’t Ask, Don’t Tell,” reached an agreement with the U.S. government in litigation challenging her discharge. The ACLU of Washington represented Witt since 2006 in a lawsuit known as Witt v. Air Force.

According to the ACLU, Witt will retire with full benefits, the unlawful discharge will be removed from her military service record and the U.S. government will drop the appeal of the district court ruling in her favor.

In a statement, Witt said rulings and appeals over the course of litigation in the Ninth Circuit contributed to discussion on “Don’t Ask, Don’t Tell” that led to passage of legislation allowing for repeal of the law. She was present during the signing ceremony of the repeal legislation in December.

“I am proud to have played a role in bringing about the repeal of ‘Don’t Ask, Don’t Tell,’” Witt said. “I am so pleased that the tens of thousands of lesbians and gays who have served their country honorably will be able to serve openly.”

In November, the Obama administration appealed to U.S. Ninth Circuit of Appeals a decision from U.S. District Court Judge Ronald Leighton ordering that Witt be reinstated into the Air Force. Following his ruling in September, Witt became the first gay person discharged under “Don’t Ask, Don’t Tell” to be reinstated by court order.

“For the past seven years, I have been fighting for my rights and the rights of other lesbians and gays in the military,” Witt said. “I wish I could have spent that time serving with my peers. Now, with the lawsuit completed, I’m ready to start a new chapter in my life.”

Witt, who had served in the Air Force for 18 years, has begun a doctorate program and serves as rehab coordinator at the Veterans Administration hospital in Spokane, Wash, according to the ACLU.

Sarah Dunne, legal director for ACLU of Washington, responded to the settlement by commending the U.S. military for moving toward repeal of “Don’t Ask, Don’t Tell.”

“As we’ve seen over the past six months, the military is now in the process of successfully integrating openly lesbian and gay soldiers,” Dunne said. “‘Don’t Ask, Don’t Tell’ was a failed policy that perpetuated unlawful discrimination for far too long. We are pleased that gay and lesbian U.S. service members no longer have to hide their sexual orientation and compromise their integrity.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, commended Witt for reaching a settlement with the U.S. government.

“Her case established a new rule of law in the Ninth Circuit, and her voice and story were pivotal in building support for the repeal of ‘Don’t Ask, Don’t Tell,'” Sarvis said. “This is not just a victory for Maj. Witt — it’s a victory for justice and for service members everywhere.”

In 2008, the U.S. Ninth Circuit Court of Appeals ruled that the Air Force had to prove that discharging Witt was needed for purposes of military readiness. Additionally, the court ruled that before separating a service member under “Don’t Ask, Don’t Tell,” the military had to prove that his or her presence undermines unit cohesion. This requirement became known as the “Witt Standard” and was used in subsequent litigation against the military’s gay ban.

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Congress

House passes reconciliation with gender-affirming care funding ban

‘Big Beautiful Bill’ now heads to the Senate

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael. Key)

The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.

But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.

The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.

To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.

The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:

“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give  handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.

“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.

“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”

Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.

Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.

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Congress

Gerry Connolly dies at 75 after battle with esophageal cancer

Va. congressman fought for LGBTQ rights

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U.S. Rep. Gerry Connolly (D-Va.) speaks at a Barack Obama rally on Oct. 19, 2012. (Washington Blade photo by Michael Key)

Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.

The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.

“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”

“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.

Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).

Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.

The congressman also supported LGBTQ rights throughout his life and career.

When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.

In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.


 

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Congress

Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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