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House GOP urges delay in ‘Don’t Ask’ repeal certification

Letter says Congress needs time to review new guidance

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Rep. Duncan Hunter was among the signers of the letter to Obama (Blade file photo by Michael Key)

A group of 23 Republican members of the U.S. House wrote President Obama on Thursday asking him to hold off on certification of “Don’t Ask, Don’t Tell” repeal until Congress can review the Defense Department’s policy changes that would lead to open service.

“Given the necessity for congressional review, which has been limited to this point, we respectfully request that you refrain from transmitting certification until Congress has had sufficient time to review pending legislative matters of policy and law,” the letter states.

Leading the group of U.S. House members who signed the letter is Rep. Duncan Hunter (R-Calif.), who amended pending defense budget legislation to expand the certification requirement needed for “Don’t Ask, Don’t Tell” repeal and potentially disrupt the implementation of open service.

Others among the 23 signers of the letter are Rep. Joe Wilson (R-S.C.), chair of the House Armed Services personnel subcommittee, as well as Reps. Steven Palazzo (R-Miss.), W. Todd Akin (R-Mo.) and Vicky Hartzler (R-Mo.).

Under the repeal law signed in December, “Don’t Ask, Don’t Tell” won’t be off the books until the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready for open service. Training has been underway in the armed forces since February to prepare the military for “Don’t Ask, Don’t Tell” repeal.

Pentagon officials have testified that certification for “Don’t Ask, Don’t Tell” repeal could happen in mid-summer. Defense Secretary Robert Gates has said he’s open to issuing certification this month before his retirement if the service chiefs thinks moving forward is appropriate.

Part of the repeal law states that open service shouldn’t go forward until the Pentagon has “prepared the necessary policies and regulations” for open service. The GOP letter to Obama states Congress should have the opportunity to review the new regulations before the president and defense leaders give the OK for “Don’t Ask, Don’t Tell” repeal.

“Merely providing ‘training and educational’ briefs to our service members is not enough to justify moving forward with certification when consequential policy and regulatory changes associated with implementation must be reviewed by Congress under its oversight function,” the letter states. “Until those policy changes have been delivered and reviewed by Congress, it would be irresponsible to proceed with the certification process.”

Additionally, the letter states that certification at this time would be premature because of “apparent confusion” at the Defense Department in creating new policies for open service.

In April, the Navy issued guidance stating military facilities could be used for same-sex marriages in states where it’s legal and chaplains could officiate over these ceremonies, if they so chose, in their official capacities. The Navy has since rescinded this guidance and said further review is necessary.

“This planned policy change is a violation of the federal Defense of Marriage Act,” the letter states. “The training revision also departed from prior assurances given to Congress with regard to Defense Department enforcement of the law and intent of the Defense of Marriage Act.”

LGBT advocates have said the Navy guidance didn’t violate DOMA because the statute as it stands says nothing about military facilities.

However, the House version of the fiscal year 2012 defense authorization bill has language — inserted as an amendment by Akin — that would prohibit military bases from being used for same-sex marriage ceremonies and military chaplains from presiding over these celebrations. LGBT rights advocates say this language would expand DOMA beyond its current restrictions that prevent the federal government from recognizing same-sex marriage.

Shin Inouye, a White House spokesperson, said in response to the letter that certification will happen when “the standards set forth in the [repeal] bill are met” as has been previously stated.

“The president continues to work with the secretary of defense and the chairman of the Joint Chiefs to certify that implementation of the new policies and regulations written by the department is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the armed forces,” Inouye said. “That process is moving forward quickly and efficiently.”

Inouye said he won’t comment directly on letters that members of Congress have sent to the president, but recalled Obama “has been clear” certification will happen before the end of the year.

Those who worked to pass legislation allowing for “Don’t Ask, Don’t Tell” repeal last year dismissed the letter as merely Hunter and other House Republicans seeking obtain media attention.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the letter is an instance of Hunter “grandstanding” as he seeks to disrupt “Don’t Ask, Don’t Tell” repeal.

“Mr. Hunter knows very well that Congress has acted and the chiefs, Secretary Gates, and [Chair of the Joint Chiefs of Staff Adm, Mike] Mullen are moving toward the final stages of certification,” Sarvis said. “This is all about Mr. Hunter — not about our troops, who have moved on.”

Alex Nicholson, executive director of Servicemembers United, said the White House and Pentagon “are smarter than” withholding certification because of the concerns expressed in the letter.

“This is just the latest in Congressman Hunter’s circus sideshow about ‘Don’t Ask, Don’t Tell’ while the rest of the Congress is trying to deal with serious issues like wars and budgets,” Nicholson said. “If the administration let’s this letter distract from the progress made towards certification, then we’ve got bigger problems on our hands.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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