National
House panel adopts anti-gay amendments in defense bill
Amendments reaffirm DOMA, could disrupt ‘Don’t Ask’ repeal


Rep. Duncan Hunter introduced an amendment that could disrupt 'Don't Ask' repeal (Blade photo by Michael Key)
A House defense committee approved on Wednesday a series of anti-gay amendments as part of major Pentagon budget legislation aimed at disrupting the process for repealing “Don’t Ask, Don’t Tell” and at demonstrating support for the Defense of Marriage Act.
The most high-profile amendment came from Rep. Duncan Hunter (R-Calif.), who introduced a measure that would expand the certification requirement needed for repeal to include input from the four military service chiefs. The Republican-controlled House Armed Services Committee voted 33-27 in favor of adopting the measure as part of the fiscal year 2012 defense authorization bill.
The vote in favor of the Hunter amendment was mostly along party lines, although Reps. Todd Platts (R-Pa.) and Chris Gibson (R-N.Y.) voted against the measure. Rep. Mike McIntyre (D-N.C.) was the sole Democrat to vote in favor of the measure.
The repeal legislation signed into law in December allows for repeal of “Don’t Ask, Don’t Tell” after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff. Hunter’s amendment would expand the certification requirement to include input from the uniform chiefs of staff for the Army, Navy, Air Force and Marine Corps.
Hunter, a Marine Corps veteran of Iraq and Afghanistan, billed the amendment as a means to ensure the uniform military leaders — which he described “the ones that are actually responsible for the men and women under their care” — are able to express their opinion before moving forward with “Don’t Ask, Don’t Tell” repeal.
“Right now as it stands, the only folks that have to sign on to this are the president, who has never been to war or in ground combat, Adm. [Mike] Mullen, who, with all due respect to him, has never been to ground combat in Iraq or Afghanistan, and Secretary Gates, a political appointee, who is a very fine gentleman, but has never been in ground combat in Iraq or Afghanistan,” Hunter said. “I, and others in this room, have more combat experience than the people who would sign off on the repeal of ‘Don’t Ask, Don’t Tell.'”
Hunter emphasized his amendment would require the service chiefs to issue certification only based on their belief that “Don’t Ask, Don’t Tell” repeal wouldn’t harm morale and unit cohesion for combat arms units under their jurisdiction. According to the Pentagon survey published in November, these units are the most skeptical about whether open service would cause a disruption in the U.S. military.
Involving the military service chiefs in the “Don’t Ask, Don’t Tell” repeal certification process could disrupt or delay open service in the U.S. military because some uniform leaders of the military — notably Marine Corps Commandant Gen. James Amos — expressed opposition to passing repeal legislation last year. Amos has since said the Marine Corps would work to implement open service.
Despite the concerns that were expressed last year, each of the service chiefs testified in April that the process for enacting “Don’t Ask, Don’t Tell” repeal has been proceeding smoothly. Some service chiefs — including Chief of Naval Operations Adm. Gary Roughead — have said they oppose any effort to expand the certification requirement and they believe the defense secretary would adequately represent their views in the certification process.
Many Republican committee members voiced support for the Hunter amendment as they expressed opposition to implementing open service in the U.S. military.
Rep. Doug Lamborn (R-Colo.) said he supported the amendment because the president, the defense secretary and the chairman of the Joint Chiefs of Staff had already backed “Don’t Ask, Don’t Tell” repeal before Congress acted to end the military’s gay ban.
“I always felt the deck was stacked when the three people who were supposed to sign off on it, agreed to and had all been on record ahead of time saying what their preference was,” Lamborn said. “This broadens it, and, I think, adds more objectivity to the whole matter, and I think that that’s really good thing.”
Rep. Steve Palazzo (R-Miss.) said he opposes “Don’t Ask, Don’t Tell” repeal because he hasn’t encountered one American or U.S. service member who wants an end to the anti-gay law. Despite his remarks, polls found that around 80 percent of Americans favored ending the military’s gay ban at the time Congress repealed the statute.
Palazzo added he had a visit earlier today from about 85 veterans of World War II and said he believes they’d be displeased with “Don’t Ask, Don’t Tell” repeal.
“I don’t think that they would look upon this as progress,” Palazzo said. “I don’t think they’d look at this as the sacrifices they made for our families, for our country, for our allies, future generations of Americans — to see their military go down in flames by implementing [an end] to the DADT policy. Our men and women in uniform deserve better.”
But Democrats on the committee defended repeal of the law that Congress passed last year and said the current repeal process is working well.
Rep. Adam Smith (D-Wash.), ranking Democrat on the House Armed Services Committee, said the Hunter amendment troubled him because it suggests the president and the defense officials identified in the repeal law aren’t capable of making critical defense decisions.
“It’s a very, very dangerous thing to say that the president of the United States, the commander in chief; the secretary of defense; and the chairman of the Joint Chiefs of Staff are somehow not quite qualified to make important military decisions,” Smith said. “These are the same people that decide whether or not we go to war. They made a decision on whether or not to kill Osama bin Laden.”
Rep. Chellie Pingree (D-Maine) directly responded to the view expressed by Palazzo that World War II veterans would be unhappy with “Don’t Ask, Don’t Tell” repeal.
“Let’s not fool ourselves,” Pingree said. “Some of those soldiers were gay as well, and many of them took a long time to admit to that, or come out on that, but they’ve all been courageous in doing so and I think that they can’t be characterized as a generation that doesn’t want to see this change in the military.”
Although the committee adopted the amendment as part of defense authorization, passing such a provision into law would be challenging because the Senate would have to agree to it during conference negotiations and Obama would have to sign the measure.
Further, defense officials have testified that certification could happen mid-summer, and the final version of the defense authorization will likely not reach the president’s desk until after that time, rendering Hunter’s provision useless.
Alex Nicholson, executive director of Servicemembers United, expressed skepticism that the adoption of the Hunter amendment would impair the U.S. military’s ability to move toward open service.
“Despite the passage of this amendment within the ever-hostile House Armed Services Committee, it is highly unlikely that such an amendment would ever pass the Senate and be signed by the president,” Nicholson said. “The offering of this amendment was a shameful and embarrassing waste of time. The service chiefs have unequivocally said that they do not want this extra burden forced upon them, so if Congress really values their advice on this issue they should take it and forget this unnecessary and unwanted amendment.”
Hunter’s amendment was one of three anti-gay amendments the House Armed Services Committee approved on Wednesday as part of the defense authorization bill. Other measures affirmed the panel’s commitment to DOMA, which prohibits federal recognition of same-sex marriage.
The DOMA-related amendments were apparently inspired by Navy guidance on same-sex marriage that was made public this week.The guidance, which is dated April 13 and signed by Chief of Navy Chaplains Rear Adm. Mark Tidd, indicated military bases could be used for same-sex marriage ceremonies in states where such unions are legal and that Navy chaplains can officiate same-sex marriage ceremonies if they so choose.
However, following an outcry from conservatives, the Navy rescinded the guidance and said further legal review on the issue was necessary.
Rep. W. Todd Akin (R-Mo.) introduced an amendment mandating that marriage ceremonies on military installations must comply with DOMA and that chaplains can only officiate in their official capacity over such ceremonies if they comply with the anti-gay law.
The committee adopted the amendment as part of the Pentagon budget legislation by a vote of 38-23. Republican members of the panel were unanimous in their support for the measure. Reps. McIntyre, Larry Kissell (D-N.C.) and Mark Critz (D-Pa.) joined with the GOP to vote in favor of the amendment.
Akin said the amendment was necessary because he believes the recent Navy guidance demonstrates that the U.S. military was willing to skirt federal law.
“There is a federal law on the books and the military has decided they’re going to ignore that law,” Akin said. “That’s a very serious question. Does that mean that the law code on our books is an a la carte menu? Does that mean that the military can decide they’re going to change the rules of engagement and how they’re going to interrogate prisoners or [enforce] whatever particular law suits their fancy?”
Rep. Susan Davis (D-Calif.), who opposed the amendment, said the Navy guidance was the result of the Pentagon looking at how the U.S. military would look after “Don’t Ask, Don’t Tell.”
“We asked them to deal with these issues and to speak specifically to them,” Davis said. “So, when a facility is made available to such events, individuals who meet all the requirements for use of those facilities should not be denied access to the facility because of sexual orientation.”
Davis added the amendment restricts the right of chaplains to exercise freely their religious beliefs if they want to officiate at same-sex marriage ceremonies.
“Many chaplains represent faith traditions in which marriages between same-sex couples are celebrated and to prohibit them from doing so — to do that would be an attack on their rights with this amendment,” Davis said.
Although the Navy has said it will revisit the guidance, Davis said she’s confident the service will reach the same conclusion it had come to before.

Rep. Vicky Hartzler introduced an amendment to ensure DOD policies comply with DOMA (Blade photo by Michael Key)
Another amendment came from Rep. Vicky Hartzler (R-Mo.), whose measure restated that the definition of marriage under DOMA as a union between one man and one woman applies to Defense Department regulations and policies.
The panel adopted the measure as part of the defense authorization bill by a vote of 39-28. The Republican members of the panel were unanimous in their support. Reps. McIntyre, Kissell and Silvestre Reyes (D-Texas) as well as Del. Madeleine Bordallo (D-Guam) joined the GOP to vote in favor of the measure.
Hartzler said the intention of the amendment was to reaffirm congressional support for DOMA and opposition to same-sex marriage.
“I think that this is a time for us in this Congress, the 112th Congress, to give our stance that we believe this is a wise policy and that marriage should be between a man and a woman,” she said.
But Smith, who opposed the measure, disputed the idea that the federal government should be involved in state regulation of marriage and questioned why the committee was taking up the issue when the panel’s area of jurisdiction is the U.S. military.
“I don’t think we need to be inserting into the Defense Authorization Act a Congress-wide view on how marriage should be defined, however we may feel,” Smith said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, was particularly critical of what he said was invoking the more controversial debate over marriage in an attempt to derail “Don’t Ask, Don’t Tell” repeal.
“These adopted amendments to delay and derail repeal are a partisan political attempt to interject the same-sex marriage debate and other unrelated social issues into the NDAA where they have no place,” Sarvis said. “Make no mistake — these votes should be a wake-up call to supporters of open service that our work is not done. Our commitment to timely certification and repeal must be redoubled as we move to the House floor to defend the progress we have made to ensure that LGB patriots can defend and serve the country they love with honesty and integrity.”
Another anticipated anti-gay amendment didn’t see introduction before the committee on Wednesday. Palazzo was expected to introduce an amendment that would require conscience regulations for service members who have religious or moral objections to open service. His office didn’t immediately respond to the Washington Blade’s request for comment on why the measure wasn’t introduced.
After adopting the anti-gay amendments, the committee voted to report out the defense authorization bill to the floor by a vote of 60-1. Rep. John Garamendi (D-Calif.) was the sole panel member to vote against the legislation.
The Republican-controlled House will likely pass the defense authorization bill as a whole when the measure reaches the floor. A vote on the legislation could happen as soon as the week of May 23.
New York
Men convicted of murdering two men in NYC gay bar drugging scheme sentenced
One of the victims, John Umberger, was D.C. political consultant

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.
NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.
John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.
The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.
Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.
National
Medical groups file lawsuit over Trump deletion of health information
Crucial datasets included LGBTQ, HIV resources

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.
The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.
“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.
“These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.
It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”
The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question.
A White House spokesperson couldn’t immediately be reached for comment on the lawsuit.
While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management.
The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.
Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.
“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.
“Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says.
Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”
Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”
Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.
“As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from the Washington Blade.
“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said.
The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”
It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”
The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society.
The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.
U.S. Federal Courts
Federal judge scraps trans-inclusive workplace discrimination protections
Ruling appears to contradict US Supreme Court precedent

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.
The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.
To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.
While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”
“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.
The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.
Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.