National
Senate panel leaves out anti-gay provisions in defense bill
Bill lacks language on ‘Don’t Ask,’ DOMA found in House measure
A Senate defense panel late Thursday approved major Pentagon budget legislation lacking anti-gay provisions found in the House version of the bill, although questions remain on whether amendments related to same-sex marriage or “Don’t Ask, Don’t Tell” could come up on the Senate floor.
Additionally, the Senate version of the fiscal year 2012 defense authorization bill has language repealing Article 125 of the Uniform Code of Military Justice ā the long-standing military law classifying consensual sodomy for both gay and straight service members as a crime.
“Don’t Ask, Don’t Tell” repeal advocates praised the Senate Armed Services Committee for excluding from its legislation the anti-gay language found in the House bill. The committee approved the defense legislation ā which provides for a pay raise for troops and funding for defense programs ā by unanimous vote on Thursday.
Senate Armed Services Committee Chair Carl Levin (D-Mich.), a leading proponent last year of “Don’t Ask, Don’t Tell” repeal, touted the committee’s passage of the legislation in a statement.
āFor the 50th consecutive year, the committee has reported out a bill that supports the men and women of the armed forces and their families and provides them with the resources, training, and equipment they need to accomplish their missions,ā Levin said. āIn this time of fiscal problems for our nation, I am pleased that we were able to support our troops and their families while finding savings of more than $6 billion.”
Unlike the Senate bill, the House version of the legislation contains language ā introduced as an amendment by Rep. Duncan Hunter (R-Calif.) ā that would expand the certification needed for repeal to include input from the four military service chiefs. Such language could potentially delay the process for implementing open service, which, under the repeal law signed in December, would come about after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.
Additionally, the House version of the defense authorization bill, passed May 26, has language reaffirming that the Defense of Marriage Act applies to Defense Department policies and regulations as well as language prohibiting same-sex marriage ceremonies from taking place on military bases or military chaplains from presiding over these ceremonies.
During a conference call with media outlets on Friday, Levin said no member of the Senate Armed Services Committee even made an attempt to amend the defense authorization bill with measures related to “Don’t Ask, Don’t Tell” or the Defense of Marriage Act.
Alex Nicholson, executive director of Servicemembers United, said the decision of panel members not to even introduce any anti-gay amendments during consideration of the legislation demonstrates the committee has “remained focused on serious military issues and has refused to waste time and taxpayer money trying to delay or stop the repeal of the ‘Don’t Ask, Don’t Tell’ law.”
“This just goes to show that this debate is settled and that Congress needs to focus on the serious issues of the day instead of being distracted by Congressman Duncan Hunter’s circus sideshow over in the House,” Nicholson said.
Still, even though the Senate Armed Services Committee excluded these anti-gay amendments from the defense bill, they could still emerge as floor amendments when the legislation comes before the full Senate.
With Democrats retaining 53 seats in the Senate, the passage of these anti-gay amendments on the Senate floor would be unlikely. However, opponents of open service and same-sex marriage may want to submit these measure on the floor to force all members of the Senate to go on the record on the issues.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s unaware of any plans to offer anti-gay amendments to the defense authorization bill on the Senate floor.
“However, we are most encouraged by Chairman Levinās commitment to oppose them,” Sarvis said. “We think a majority on [Senate Armed Services Committee] share the chairmanās opposition, and, hopefully, a majority in the Senate too.”
Advocates are hoping the anti-gay language in the House bill would be stripped from the defense legislation during conference negotiations before it reaches the president’s desk. The White House has said the president opposes these provisions in the House version of the defense authorization bill, but has stopped short of saying he’d veto the legislation over this language.
While the Senate bill contains no anti-gay language, the legislation has a provision that would repeal Article 125 of the Uniform Code of Military Justice, which makes sodomy an offense under military law. The Senate committee included in the repeal language in its version of the defense authorization measure because the Defense Department requested it as a legislative proposal.
Supporters of “Don’t Ask, Don’t Tell” repeal praised the committee for including a repeal of the sodomy ban in the defense legislation. Nicholson said the move would lead to a more modern military.
“By proactively acting to remove Article 125 from the Uniform Code of Military Justice, the Senate Armed Services Committee has also reaffirmed that it is committed to modernizing the U.S. military and its personnel policies, and to removing outdated provisions that have long been viewed as unnecessary and even ridiculous by military commanders on the ground,” Nicholson said.
Sarvis said the decision to repeal the sodomy ban is is “timely and welcomed” and noted an end to ban was among the recommendations of the Pentagon working group report on “Don’t Ask, Don’t Tell” issued in November.
āAfter a decade of discussions with the House and Senate Armed Services Committees and specific recommendations to the Hill, we welcome the Senate Armed Services Committeeās decision to repeal Article 125 of the Uniform Code of Military Justice (UCMJ) relating to sodomy,” Sarvis said.
Despite the praise for the inclusion of language to repeal the sodomy ban, the statute has rarely been enforced in recent years for private, consensual sex. Experts have earlier told the Washington Blade that nearly all Article 125 prosecutions in recent years have involved additional infractions and violations, such as allegations of rape or sexual harassment or of sexual activity between an officer and a lower-ranking enlisted person.
The House version of the defense legislation doesn’t contain this language because the House Armed Services Committee ignored the request from the Pentagon to change the law. Sarvis expressed optimism that the repeal language for the sodomy ban would remain intact in the legislation following conference discussions between the House and Senate.
“Hopefully, the House conferees will recognize that these recommendations also come from a group of distinguished legal scholars from the military, private practice, and academia who felt strongly about the need for updates to the UCMJ,” Sarvis said. “These much needed changes will be to the benefit of all service members, straight and gay.”
Federal Government
House races could decide Department of Education’s future
Second Trump administration could target transgender students
The Associated Press reports that more than a dozen races for seats in the U.S. House of Representatives, including 10 for congressional districts in California, remain too close to call as of Tuesday ā a full week after voters cast their ballots on Nov. 5.
Democrats hope that if they can flip the lower chamber, which is now governed by a narrow Republican majority, it might function as a bulwark against President-elect Donald Trump, his incoming administration, and the 53-47 majority in the U.S. Senate that his party secured last week.
If, on the other hand, the GOP retains control of the House, the Republican victory would clear a major roadblock that could otherwise have stymied a major plank of Trump’s education agenda: Plans to permanently shutter the U.S. Department of Education.
Congress ultimately scuttled the former president’s effort to do so during his first administration ā though, technically, the proposal then was to merge the agency with the U.S. Department of Labor.
The Wall Street Journal notes that some Republicans, at the time and in the years since, have come out against plans to abolish the 44-year-old agency, in some cases even objecting to major funding cuts proposed by Trump that they understood were likely be unpopular.
However, if the second term plans for DOE as delineated in the Trump campaign’s Agenda47 and the Heritage Foundation’s Project 2025 governing blueprint become a major policy priority once the incoming administration takes over in January, reluctant Republican lawmakers will face tremendous pressure to get out of Trump’s way.
Federal government will remain in schools to advance anti-trans, anti-woke agenda
Among other responsibilities, DOE disburses and manages student loans, enforces the civil rights laws in public schools, and provides funding for students with disabilities. The agency’s programs, such as Title I, offer assistance for low-achieving or high-poverty K-12 schools, while Pell Grants help undergraduates who otherwise would not be able to pay for college.
It is unclear whether or how those functions will continue if the DOE is disbanded.
Trump’s aim, at least in large part, is to give states ā rather than the federal government ā the ultimate say over how their schools are run. At the same time, perhaps paradoxically, the other cornerstone of his education policy agenda is to issue proscriptive rules governing the content, curricula, and classroom discussion that will be permitted in the country’s public schools.
Specifically, this means “critical race theory, gender ideology or other inappropriate racial, sexual or political” topics or materials are forbidden. Reasonable people are likely to disagree about what is and is not “inappropriate,” and they may well have different, even disparate, definitions for terms like “gender ideology.”
When Florida and other states enacted similar anti-LGBTQ content and curricular restrictions in their public schools, critics warned the ambiguous language in the statute and the resulting confusion would lead to censorship, or perhaps self-censorship, especially for students and staff who, by virtue of their skin color or sexual orientation or gender identity, are more likely to be targeted with targeted or overzealous enforcement in the first place.
DOE plays major role investigating alleged civil rights violations in schools
According to the National Education Association, “federal civil rights laws prohibit school boards and other employers from discriminating against or harassing staff or students based on their sexual orientation or gender identity,” which “means, for example, that a school district may not prohibit only LGBTQ+ educators from answering studentsā questions about their families, may not prohibit recognition and discussion in class only of LGBTQ+ families, and may not require that only LGBTQ+ students hide their sexual orientation or gender identity at school.”
However, the NEA warns, “some school districts, administrators, and the Florida Department of Education may nonetheless choose to do so until a court orders otherwise.”
If officials at a public high school allow heterosexual teachers to display family photos in their classrooms but warn the openly gay teacher that he must put his away or be terminated for violating restrictions on in-school discussion of sexual orientation and gender identity, the manner in which the policy was enforced against him would presumably run afoul of the federal civil rights laws, which prohibit discrimination on the basis of sexual orientation.
The teacher could assume the expense of hiring an attorney to pursue legal remedies, shouldering the burden and the risk that litigation that could drag on for months and conclude with a judgment in favor of his employer. Alternatively, until or unless Trump dissolves the agency, he could file a complaint with DOE’s Office of Civil Rights.
Alternatively, until or unless Trump dissolves the agency, the teacher could file a complaint with DOE. The agency’s Office of Civil Rights would evaluate the information he shared to determine whether there were sufficient grounds to open an investigation and, if so, would deploy “a variety of fact-finding techniques” that can include a review of documentary evidence submitted by both parties, interviews with key witnesses, and site visits.
After the investigation is complete, if a “preponderance of the evidence supports a conclusion that the recipient failed to comply with the law,” OCR will attempt to negotiate a resolution agreement. If the recipient refuses to resolve the matter in this manner, OCR can “suspend, terminate, or refuse to grant or continue federal financial assistance to the recipient, or may refer the case to the Department of Justice.”
According to the DOE’s website, the agency has 11,782 investigations that were open as of Tuesday, with complaints against institutions of all kinds operating in all 50 states, from rural elementary schools in the Deep South to prestigious medical schools, community colleges, and charter schools for students with developmental disabilities. Likewise, the six civil rights laws over which OCR has jurisdiction cover a wide range of conduct, from sexual harassment to discrimination, retaliation, and single-sex athletics scholarships.
Should Trump succeed in abolishing the department, it is not yet clear how those active investigations will be handled, nor how complaints about violations of civil rights law by educational institutions would be reported and investigated moving forward in the agency’s absence.
During his first administration, Trump passed proposed changes to Title IX of the Education Amendments of 1972, which retooled the process for reporting sexual assault on college campuses in ways that were widely seen as imbalanced in favor of the accused.
President Joe Biden in April issued new guidelines that featured “significant shifts in how institutions address sexual harassment, and assault allegations while expanding protections for LGBTQ+ and pregnant students,” the American Council on Education wrote. Specifically, the administration provided a “new definition of sexual harassment, extending jurisdiction to off-campus, and international incidents,” while “clarifying protections against discrimination based on sexual orientation, gender identity, pregnancy, and parenting status.”
The regulations sidestepped thornier questions, however, about how schools should approach issues at the intersection of gender identity and competitive sports, specifying only that they should avoid bans that would categorically prohibit transgender athletes from participating.
Shortly after the Biden administration’s guidelines were introduced, Trump vowed they would be “terminated” on his first day in office. He also pledged to enact anti-trans policies that appear to have been modeled after some of the most extreme of the roughly 1,600 anti-trans bills that conservative statehouses have proposed from 2021-2024.
Among other promises Trump made during the campaign were plans to enact a nationwide ban on trans student athletes competing in accordance with their gender identity, a federal law that would recognize only two genders, and the prosecution of health care providers who administer gender affirming care to patients younger than 18.
National
Trump refers to Anderson Cooper as āAllisonā
Crude insults continue in effort to attract male voters
Republican presidential nominee Donald Trump referred repeatedly over the weekend to CNNās Anderson Cooper as āAllison Cooper.ā
Cooper, one of the nationās most prominent openly gay television anchors, moderated a town hall last week with Democratic presidential nominee Vice President Kamala Harris.
Trump last Friday called Anderson āAllisonā in a social media post, then used the moniker again at a Michigan rally.
āIf you watched her being interviewed by Allison Cooper the other night, heās a nice person. You know Allison Cooper? CNN fake news,ā Trump said, before adding, āOh, she said no, his name is Anderson. Oh, no.ā
Trump repeated the name during another Michigan rally on Saturday, according to the Associated Pres, then followed it up during a reference in Pennsylvania. āThey had a town hall,ā Trump said in Michigan. āEven Allison Cooper was embarrassed by it. He was embarrassed by it.ā
Describing Anderson Cooper as female plays into offensive and stereotypical depictions of gay men as effeminate as Trump continues to pursue the so-called ābro vote,ā amping up crude and vulgar displays in an effort to appeal to male voters.
Pennsylvania
Transgender Honduran woman canvasses for Harris in Pa.
Monserrath Aleman is CASA in Action volunteer
A transgender woman from Honduras has traveled to Pennsylvania several times in recent weeks to campaign for Vice President Kamala Harris and other Democratic candidates.
Monserrath Aleman traveled to York on Aug. 31 and Lancaster on Sept. 21 with a group of other volunteers from CASA in Action.
They door-knocked in areas where large numbers of African Americans, Black, and Latino voters live. Aleman and the other CASA in Action volunteers urged them to support Harris, U.S. Sen. Bob Casey (D-Pa.), and other down ballot Democratic candidates.
Aleman will be in Harrisburg on Nov. 2, and in York on Election Day.
“We achieved the goal that we had in mind and that we wanted to achieve,” she told the Washington Blade on Oct. 22 during a Zoom interview from Baltimore. “We knocked on doors, passed out flyers.”
Aleman cited Project 2025 ā which the Congressional Equality Caucus on Thursday sharply criticized ā when she spoke with the Blade.
“We know that there is a Project 2025 plan that would affect us: The entire immigrant Latino community, the LGBTI community, everyone,” said Aleman. “So that’s why I’m more motivated to go knocking on doors, to ask for help, for support from everyone who can vote, who can exercise their vote.”
She told the Blade that she and her fellow volunteers “did not have any bad response.”
Aleman grew up in Yoro, a city that is roughly 130 miles north of the Honduran capital of Tegucigalpa.
She left Honduras on Nov. 25, 2021.
Aleman entered Mexico in Palenque, a city in the country’s Chiapas state that is close to the border with Guatemala. The Mexican government granted her a humanitarian visa that allowed her to legally travel through the country.
Aleman told the Blade she walked and took buses to Ciudad JuƔrez, a Mexican border city that is across the Rio Grande from El Paso, Texas.
She scheduled her appointment with U.S. Customs and Border Protection while living at a shelter in Ciudad JuĆ”rez.Ā Aleman now lives in Baltimore.
“Discrimination against the LGBTI community exists everywhere, but in Honduras it is more critical,” said Aleman.
Aleman added she feels “more free to express herself, to speak with someone” in the U.S. She also said she remains optimistic that Harris will defeat former President Donald Trump on Election Day.
“There is no other option,” said Aleman.
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