National

U.S. House approves defense bill with anti-gay provisions

Bill reaffirms DOMA, could disrupt ‘Don’t Ask’ repeal

Published

14 years ago

May 26, 2011

The U.S. House approved on Thursday major Pentagon budget legislation that includes anti-gay language that could disrupt “Don’t Ask, Don’t Tell” repeal and would reaffirm the Defense of Marriage Act.

By a vote of 322-96, the Republican-controlled House approved the fiscal year 2012 defense authorization bill after three days of debate that discussed continued military operations in Afghanistan, funding for next-generation military programs and increased pay rates for U.S. troops.

Among the many provisions of the defense authorization bill is anti-gay language that the House Armed Services Committee inserted upon consideration of the legislation.

The most high-profile anti-gay provision — offered as an amendment by Rep. Duncan Hunter (R-Calif.) — is language that would expand the certification requirement needed for repeal to include the four military service chiefs. Such a provision would complicate the repeal process established by the law signed in December, which would implement open service after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.

Another provision, offered as an amendment by Rep. Vicky Hartzler (R-Mo.), reaffirms that the Defense Department and its regulations are subject to the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.

Yet another provision — offered as an amendment by Rep. W. Todd Akin (R-Mo) — prohibits military facilities for being used for same-sex marriage ceremonies, even in states where same-sex marriage is legal, and prevents military chaplains from presiding over same-sex marriages in their official capacities. The language would expand the federal restrictions on same-sex marriage beyond what DOMA already imposes.

Laura Murphy, director of the ACLU Washington Legislative Office, expressed concerns over passage of the legislation — particularly for the inclusion of a provision authorizing worldwide war against terrorism suspects and nations suspected of supporting them — in addition to objecting to the provision that would complicate “Don’t Ask, Don’t Tell” repeal.

“Trying to throw a roadblock up to derail ‘Don’t Ask, Don’t Tell’ repeal at this point is a desperate attempt to postpone the inevitable,” Murphy said. “For nearly 20 years, lesbian, gay and bisexual service members have been forced to hide who they are and who they love in order to serve their country. It was with the will of the president, the uniformed and civilian leadership of the military and Congress itself that ‘Don’t Ask, Don’t Tell’ was repealed and its implementation will continue to move forward successfully despite the attempts by some House members to disrupt it.”

A number of lawmakers who supported “Don’t Ask, Don’t Tell” repeal last year voted in favor of the defense authorization bill despite the anti-gay language. On the House floor, some pro-repeal lawmakers said they were casting affirmative votes because they said they think the bill as whole is good for the U.S. armed forces.

On Tuesday, Rep. Susan Davis (D-Calif.), ranking Democrat on the House Armed Services personnel committee, objected to the language in the bill related to “Don’t Ask, Don’t Tell” as she expressed support for the legislation as a whole.

“While there are many good provisions in this bill, I must raise my extreme disappointment with several sections that were included by the majority that seek to delay and prevent gays and lesbians from serving in uniform,” Davis said. “One of the liberties that we as Americans hold dear is that we are all created equal. These individuals should be entitled to serve their Nation in uniform and should not be denied the opportunity.”

House Minority Leader Nancy Pelosi (D-Calif.) was also among the “Don’t Ask, Don’t Tell” repeal supporters who voted in favor of the defense authorization bill.

Drew Hammill, a Pelosi spokesperson, said the Democratic leader voted for the defense authorization bill despite the “Don’t Ask, Don’t Tell” language because she believes this provision won’t ultimately make it to the president’s desk.

“Leader Pelosi strongly opposes the [‘Don’t Ask, Don’t Tell’] language in the [defense] Authorization bill but believes the provisions concerning [‘Don’t Ask, Don’t Tell’] repeal will be removed in conference,” Hammill said. “If these provisions remain intact and are an obstacle to [‘Don’t Ask, Don’t Tell’] repeal implementation, she believes President Obama should veto the legislation.”

But each of the four openly gay members of Congress — Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) — were among the among the 96 “no” votes on the legislation.

Although the House approved the defense authorization bill with anti-gay language, passing such a measure into law would be challenging because the Democratic-controlled Senate would have to agree to the anti-gay language during conference negotiations.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization is looking to the Senate to ensure the anti-gay provisions won’t appear in the final version of the defense authorization bill.

“The opposition may well believe they won the day in the House, simply outnumbering repeal advocates,” Sarvis said. “But this fight is far from over. We must look to repeal supporters in the Senate, where the defense bill will be taken up next and where we are better positioned than in the House. We need to beat back this harmful language and make sure it does not survive in conference committee.”

Another roadblock for the anti-gay language is President Obama, who would have to sign the provisions into law as part of the larger measure for them to enacted. The White House issued a Statement of Administration Policy earlier this week denouncing the provisions related to “Don’t Ask, Don’t Tell” and DOMA — although stopped short of threatening to veto the bill over this language.

Moreover, the certification expansion for “Don’t Ask, Don’t Tell” repeal may well be a moot point even if the legislation reaches the president’s desk. Defense officials have testified that certification for repeal could happen mid-summer, and the final version of the defense bill likely will not reach the president’s desk until after that time, rendering the provision useless.

Alex Nicholson, executive director of Servicemembers United, expressed skepticism about the anti-gay measures becoming law or thwarting “Don’t Ask, Don’t Tell” repeal.

“The passage of the defense authorization bill with these hostile amendments included comes as no surprise, and it should not become a cause for concern as long as our allies in the Senate and the president all stand strong and refuse to support a defense bill containing these amendments,” he said. “These amendments were nothing short of a waste of time by lawmakers who were sent to Washington to do serious business and a waste of taxpayer money. The Pentagon, the president, and the American people have made it abundantly clear — we are moving forward and building a stronger military free of unnecessary discrimination.”

No attempt was made on the House floor to strip the defense authorization bill of its anti-gay language. Del. Eleanor Holmes Norton (D-D.C.) had intended to offer an amendment to remove the language related to “Don’t Ask, Don’t Tell,” according to the Rules Committee website, but never offered the measure. Kezmiche Atterbury, a Norton spokesperson, said her boss “withdrew her amendment for tactical reasons.”

Informed sources said House Democratic leaders offered those who worked last year to repeal “Don’t Ask, Don’t Tell” repeal the opportunity for an amendment on the floor to eliminate the language in the defense authorization bill related to certification expansion.

However, the five major repeal organizations — the Human Rights Campaign, Servicemembers Legal Defense Network, Third Way, Servicemembers United and the Center for American Progress — agreed to decline the opportunity for the amendment.

According to sources, repeal advocates believed such a amendment would likely fail and could pick up support from moderate House Democrats. A defeat on the House floor, advocates believed, would increase the chances of the Senate adopting the certification expansion language.

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

Published

3 days ago

May 1, 2025

Christopher Kane

HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”

The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

Published

3 days ago

May 1, 2025

Michael K. Lavers

U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

Published

6 days ago

April 28, 2025

Michael K. Lavers

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.