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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 ā€œDonā€™t Ask, Donā€™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.

ā€œI am proud to have played a role in bringing about the repeal of ā€˜Donā€™t Ask, Donā€™t Tell,ā€™” 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 ā€œDonā€™t Ask, Donā€™t Tellā€ to be reinstated by court order.

ā€œFor 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, Iā€™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 weā€™ve seen over the past six months, the military is now in the process of successfully integrating openly lesbian and gay soldiers,” Dunne said. “ā€˜Donā€™t Ask, Donā€™t Tellā€™ 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.ā€

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 ā€˜Donā€™t Ask, Donā€™t Tell,'” Sarvis said. “This is not just a victory for Maj. Witt ā€” itā€™s a victory for justice and for service members everywhere.ā€

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 ā€œWitt Standard” and was used in subsequent litigation against the military’s gay ban.

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Congress

Protests against anti-trans bathroom policy lead to more than a dozen arrests

Demonstrations were staged outside House Speaker Mike Johnson’s (R-La.) office

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Protest outside House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building (Washington Blade photo by Christopher Kane)

About 15 protestors affiliated with the Gender Liberation Movement were arrested on Thursday for protesting the anti-trans bathroom policy that was introduced by U.S. Rep. Nancy Mace (R-S.C.) and enacted last month by U.S. House Speaker Mike Johnson (R-La.).

Whistleblower Chelsea Manning and social justice advocates Raquel Willis and Renee Bracey Sherman were among those who were arrested in the women’s bathroom and the hallway outside Johnson’s office in the Cannon House Office Building.

Demonstrators held banners reading ā€œFLUSH BATHROOM BIGOTRYā€ and ā€œCONGRESS: STOP PISSING ON OUR RIGHTS!ā€ They chanted, ā€œSPEAKER JOHNSON, NANCY MACE, OUR GENDERS ARE NO DEBATE!ā€ and “WHEN TRANS FOLKS ARE UNDER ATTACK WHAT DO WE DO? ACT UP, FIGHT BACK!”

Protests began around 12:10 p.m. ET. Within 30 minutes, Capitol Police arrived on the scene, began making arrests, and cleared the area. A spokesperson told Axios the demonstration was an illegal violation of the D.C. code against crowding, obstructing or incommoding.

Mace and her flame-throwing House GOP allies have said the bathroom policy was meant to target Sarah McBride, the Delaware state senator who will become the first transgender member of Congress after she is seated in January.

LGBTQ groups, elected Democrats, and others have denounced the move as a bigoted effort to bully and intimidate a new colleague, with many asking how the policy’s proponents would enforce the measure.

Outside her office in the Longworth House Office Building, the Washington Blade requested comment from Mace about the protests and arrests.

“Yeah, I went to the Capitol Police station where they were being processed, so I’ll be posting what I said shortly,” the congresswoman said.

U.S. Rep. Nancy Mace (R-S.C.) (Washington Blade photo by Christopher Kane)

Using an anti-trans slur, Mace posted a video to her X account in which she says, “alright, so some tranny protestors showed up at the Capitol today to protest my bathroom bill, but they got arrested ā€” poor things.”

“So I have a message for the protestors who got arrested,” the congresswoman continued, and then spoke into a megaphone as she read the Miranda warning. “If you cannot afford an attorney ā€” I doubt many of you can ā€” one will be provided to you at the government’s expense,” she said.

ā€œEveryone deserves to use the restroom without fear of discrimination or violence. Trans folks are no different. We deserve dignity and respect and we will fight until we get it,ā€ Gender Liberation Movement co-founder Raquel Willis said in a press release.

ā€œIn the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States,” she said. “Now, as Republican politicians, try to remove us from public life, Democratic leaders are silent as hell.”

Willis continued, “But we canā€™t transform bigotry and hate with inaction. We must confront it head on. Democrats must rise up, filibuster, and block this bill.ā€

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Politics

Trump nominates gay man for Treasury secretary

Hedge fund executive would be the second openly gay cabinet secretary

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Scott Bessent (Screen capture: YouTube)

President-elect Donald Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury secretary on Friday.

Once a prolific donor to Democrats and a protege of liberal billionaire philanthropist George Soros, if confirmed Bessent would be the first LGBTQ official to lead the Treasury Department and the second gay cabinet secretary after Transportation Secretary Pete Buttigieg.

“Trumpā€™s selection of Bessent, who is also openly gay, married, and has two children with his partner, is also a reminder of President Trumpā€™s love and respect for LGBT Americans,” the conservative LGBTQ group Log Cabin Republicans said in a statement.

ā€œScott Bessent is a terrific choice to become the next Treasury Secretary and the Log Cabin Republicans applaud President Trump for his pick,” the organization wrote. “As one of the most brilliant minds in the financial space and a vocal supporter of President Trumpā€™s economic agenda, Bessent will be a strong asset to help President Trump put America back on the path to financial security and economic prosperity.”

Equality Forum, a national LGBTQ civil rights organization, which oversees LGBT History Month, noted the nomination of Scott Bessent in a press release, writing that he “is highly regarded by the financial community and founder of a global macro investment firm.”

Equality Forum Executive Director Malcolm Lazin added, ā€œIf confirmed, Bessent will be the highest ranking openly gay U.S. government official in American history.”

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Politics

Karine Jean-Pierre addresses anti-trans bathroom policy targeting Sarah McBride

HRC condemns the effort as ‘cruel’ and ‘discriminatory’

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White House Press Secretary Karine Jean-Pierre speaks at the White House press briefing on Wednesday, Oct. 11, 2023. (Washington Blade photo by Christopher Kane)

During a briefing on Thursday, White House Press Secretary Karine Jean-Pierre addressed the controversy over House Speaker Mike Johnson’s (R-La.) move to restrict access to single-sex facilities in the U.S. Capitol and House office buildings based on birth gender.

The new policy, which mirrors a proposal introduced by U.S. Rep. Nancy Mace (R-S.C.) on Monday that was supported by other House Republicans including U.S. Rep. Marjorie Taylor Greene (Ga.), comes as Congress prepares to welcome its first trans member, Sarah McBride.

Mace conceded that her bathroom policy was intended to target the Delaware state senator, who will represent the state’s at-large congressional district when she is seated in January.

“When I think about that question, I think about what the congresswoman-elect said,” Jean-Pierre told reporters, referencing a statement issued by McBride on Wednesday. “As you know, the president has a close relationship with and is very proud of her.”

She continued, “And what she said is ‘I’m not here to fight about bathrooms.Ā I’m here to fight for Delawareans and to bring down costs facing families.’ And we agree with her. We think that’s incredibly important: To focus on the American people” and her constituents.

Asked whether President Joe Biden has been in touch with McBride in recent days, Jean-Pierre said, “I don’t have a conversation to speak to,” adding that “as you know” the two spoke when the president made a congratulatory call to McBride on election night.

“He was able to call her and congratulate her,” the press secretary said. “I don’t have anything else to add, but I think her words speak volumes.”

McBride’s statement, published on X, reads in part, “Like all members, I will follow the rules as outlined by Speaker Johnson, even if I disagree with them. This effort to distract from the real issues facing this country hasnā€™t distracted me over the last several days.”

Following Johnson’s introduction of the bathroom policy on Wednesday, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade:

ā€œThis new cruel and discriminatory policy has nothing to do with helping the American people or addressing their prioritiesā€“itā€™s all about hurting people.

“It targets not just Rep.-elect McBride, but all trans and nonbinary people who work and visit the Capitol ā€” public servants who have been working in the Capitol for years but are now suddenly the subject of cynical political games.

Speaker Johnson has proven yet again that the Republican majority is more focused on culture wars than on the needs of the country.ā€

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