National
‘Don’t Ask, Don’t Tell’ is dead
Calif. court ruling means gays can serve openly
DADT training at Quantico, VA. (Blade photo by Michael Key)
A federal appellate court in California on Wednesday overturned a stay on an injunction that had barred the U.S. government from enforcing “Don’t Ask, Don’t Tell,” allowing gay service members to start serving openly in the armed forces.
In the case of Log Cabin Republicans v. United States, a three-judge panel of the U.S. Ninth Circuit Court of Appeals granted the plaintiffs’ request to lift the stay of the injunction that was put in place last year by a U.S. district judge.
“Appellee/cross-appellant’s motion to lift this court’s November 1, 2010, order granting a stay of the district court’s judgment pending appeal is granted,” the decision states.
The decision to lift the stay on the “Don’t Ask, Don’t Tell” injunction comes from a three-judge panel within the Ninth Circuit made up of Chief Judge Alex Kozinski and Circuit Judges Kim Wardlow and Richard Paez.
After ruling in September that “Don’t Ask, Don’t Tell” was unconstitutional, U.S. District Judge Virginia Phillips put an injunction in place to halt the enforcement of the military’s gay ban. The injunction lasted for eight days until the Ninth Circuit placed a stay on the order upon request from the Justice Department, making gays once again unable to serve openly in the military.
The ruling on Wednesday reverses this decision and once again allows for open service. The Ninth Circuit must still decide on the constitutionality of “Don’t Ask, Don’t Tell,” but until it does, the anti-gay law will no longer be enforced.
Cynthia Smith, a Defense Department spokesperson, said the Pentagon is studying the decision with the Justice Department, but will comply with the court order and take “immediate steps to inform the field of this order.”
“In the meantime, implementation of the [‘Don’t Ask, Don’t Tell’] repeal voted by the Congress and signed into law by the president last December is proceeding smoothly, is well underway, and certification is just weeks away,” Smith added.
The panel’s decision, dated July 6, notes that the U.S. government never asserted “Don’t Ask, Don’t Tell” was constitutional in briefs seeking to uphold the statute. Further, the appellate court notes U.S. Attorney General Eric Holder’s announcement in February that the Obama administration determined that the Defense of Marriage Act — and laws related to sexual orientation — are unconstitutional.
“Appellants/cross-appellees state that the process of repealing [‘Don’t Ask, Don’t Tell’] is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer,” the decision states. “The circumstances and balance of hardships have changed, and appellants/cross-appellees can no longer satisfy the demanding standard for issuance of a stay.”
R. Clarke Cooper, executive director of the Log Cabin Republicans (Washington Blade photo by Michael Key)
R. Clarke Cooper, executive director of Log Cabin Republicans, which brought the case to court, said the Ninth Circuit’s decision to lift the stay “removes all uncertainty” for gay service members who are “no longer under threat of discharge as the repeal implementation process goes forward.”
“As a captain in the United States Army Reserve, I have observed the reactions of my colleagues to the Department of Defense’s move toward open service, and can say with complete confidence that our military is ready, willing and able to take this step,” Cooper said. “Log Cabin Republicans are proud of our role in ending this unconstitutional and un-American policy once and for all.”
Alex Nicholson, executive director of Servicemembers United and the sole military veteran plaintiff in the lawsuit, praised the decision for bringing about an end to “Don’t Ask, Don’t Tell” at a time when certification is still outstanding to end the military’s gay ban legislatively.
“With the wait for certification dragging out beyond a reasonable time frame, the court has once again stepped in to require the Pentagon to stop enforcing ‘Don’t Ask, Don’t Tell,’ and this time it very well may be for good,” Nicholson said. “I am proud to have worked personally worked with Log Cabin on this case for more than five years now and to have represented the gay military community as the sole named veteran on this lawsuit. Despite the criticisms and years of waiting, this case has yet again successfully eviscerated this outdated, harmful, and discriminatory law.”
Under the repeal law signed in December, “Don’t Ask, Don’t Tell” won’t be off the books until 60 days pass after the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the military for open service. Although training throughout the military has been underway since February, certification has yet to take place.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the lifting of the stay is “most welcomed” and could have been avoided if the president and defense leaders had certified repeal at an earlier time.
Aubrey Sarvis, executive director of SLDN (Washington Blade file photo by Michael Key)
“It’s the hope of Servicemembers Legal Defense Network that this favorable ruling will not be challenged by the Defense Department,” Sarvis said. “In fact, this whole matter could have been avoided had we had certification back in the spring. It’s time to get on with that important certification, end the confusion for all service members, and put a final end to this misguided policy.”
Dan Woods, an attorney with White & Case LLC who’s handling the case for Log Cabin, said the Justice Department can appeal the lifting of the stay to either the full Ninth Circuit or the Supreme Court.
“I have no idea what the government’s going to do,” Woods said. “And really they shouldn’t have appealed in the first place and they shouldn’t take this any further. They just should acknowledge, once and for all, that ‘Don’t Ask, Don’t Tell’ is dead.”
A White House spokesperson deferred comment on the Ninth Circuit decision to the Justice Department and the Pentagon.
Woods warned gay service members not to come out until the government makes an announcement and whether or not it plans to appeal the decision to lift the stay on the injunction.
“I’m urging people to sort of wait and see what the government does before people come out, but people should stayed tuned and see what the government’s next move is and maybe people will be free to serve openly in the armed forces very soon,” Woods said.
In addition to lifting the stay, the appellate court also grants the plaintiff’s request to expedite oral arguments in the case and states the case should be calendared for the week of Aug. 29.
Woods said the continued oral arguments — even with the injunction in place — are necessary because the litigation in the Log Cabin lawsuit is still ongoing.
“The only thing that’s really been decided is that the stay of the injunction,” Woods said. “The government is still arguing in its appeal that the injunction. It’s arguing that Log Cabin doesn’t have standing to bring the case and things like that, and we wanted to put these issues to bed once and for all and so we asked the court for an expedited hearing on all these other issues.”
NOTE: This post has been updated.
New York
N.Y. lawmaker vows ‘Pride flag will fly again’ at Stonewall Monument
After a Jan. 21 policy shift, Pride flags were banned at national parks, prompting backlash from Bottcher and LGBTQ advocates.
Hours after news broke that the National Park Service would no longer allow Pride flags to fly at the Stonewall National Monument — the birthplace of the modern LGBTQ rights movement in the United States — the Washington Blade spoke with New York State Sen. Erik Bottcher, who represents the area surrounding the Stonewall Inn and the national monument.
During the interview, Bottcher, who is gay, spoke about the policy change and outlined steps he plans to take in the coming days to push for its reversal.
“This is another act of erasure,” Bottcher told the Blade. “It’s a cowardly attempt to rewrite history and to intimidate our community. This is Stonewall — it’s where we fought back, where we ignited a global movement for equality — and we refuse to go back. We’re not going to accept these acts of erasure.”
The Stonewall Inn became a flashpoint in 1969 after NYPD officers raided the bar, part of a longstanding pattern of police harassment of LGBTQ spaces. The raid sparked days of protest and resistance along Christopher Street, now widely recognized as the catalyst for the modern LGBTQ rights movement.
While the events are often referred to as the “Stonewall Riots,” many activists and historians prefer the term “Stonewall Uprising,” emphasizing that the resistance was a response to systemic oppression rather than senseless violence. LGBTQ patrons and community members fought back — shouting “Gay Power!” and “Liberate Christopher Street!” — as crowds grew and frustration with police abuse boiled over.
Since the uprising, LGBTQ people and allies have gathered annually in June to commemorate Stonewall and to celebrate Pride, honoring the movement that placed LGBTQ voices at the center of the fight for equality.
In June 2016, then President Barack Obama officially designated the space as the Stonewall National Monument, making it the United States’s first national monument designated for an LGBTQ historic site.
Now, nearly 10 years later, President Trump’s appointed NPS acting director Jessica Bowron changed policy on Jan. 21 regarding which flags are allowed to be flown in national parks. Many, including Bottcher, say this is part of a larger targeted and deliberate attempt by the administration to erase LGBTQ history.
“It’s clear they’re making a conscious decision to erase the symbols of our community from a monument to our community’s struggle,” he said. “This is a calculated and premeditated decision, and it could be — and should be — reversed.”
“Let’s be clear,” Bottcher added, “they wish we didn’t exist … But we’re not going anywhere. We refuse to go back into the shadows.”
When asked why it is critical to challenge the policy, Bottcher emphasized the importance of visibility in preserving LGBTQ history.
“This is why it’s so important that we not let this stand,” he said. “Visibility is critical. When people see us, learn about us, and get to know us, that’s how we break down prejudice and stereotypes. We cannot allow them to push us back into the shadows.”
Other LGBTQ leaders and elected officials were quick to condemn the removal of the Pride flag, which had flown since the site’s official designation as a national monument.
New York City Mayor Zohran Mamdani called the decision “outrageous.”
“I am outraged by the removal of the Rainbow Pride Flag from Stonewall National Monument,” Mamdani said in a statement. “New York is the birthplace of the modern LGBTQ+ rights movement, and no act of erasure will ever change or silence that history.”
“Our city has a duty not just to honor this legacy, but to live up to it,” he added. “I will always fight for a New York City that invests in our LGBTQ+ community, defends their dignity, and protects every one of our neighbors — without exception.”
Senate Minority Leader Chuck Schumer also condemned the move.
“The removal of the Pride Rainbow Flag from the Stonewall National Monument is a deeply outrageous action that must be reversed immediately,” Schumer said in a statement to The Advocate. “Stonewall is a landmark because it is the birthplace of the modern LGBTQ rights movement, and symbols of that legacy belong there by both history and principle.”
Cathy Renna, communications director for the National LGBTQ Task Force, said the flag’s removal will not erase the movement it represents.
“They can take down a flag, but they can’t take down our history,” Renna said. “Stonewall is sacred ground rooted in resistance, liberation, and the legacy of trans and queer trailblazers who changed the course of history.”
Human Rights Campaign National Press Secretary Brandon Wolf echoed that sentiment.
“Bad news for the Trump administration: these colors don’t run,” Wolf said. “The Stonewall Inn and Visitors Center are privately owned, their flags are still flying high, and that community is just as queer today as it was yesterday.”
Tyler Hack, executive director of the Christopher Street Project, said the removal was aimed squarely at LGBTQ visibility.
“The Pride flag was removed from Stonewall for one reason: to further erase queer and trans people from public life,” Hack said. “Stonewall marks the moment when queer and trans people fought back and demanded dignity. Our history is not theirs to erase.”
Bottcher closed with a promise to his constituents — and to the broader LGBTQ community — that the Pride flag’s removal would not be permanent.
“We will not be erased. We will not be silenced,” he said. “And the Pride flag will fly again at the birthplace of our movement.”
Florida
Disney’s Gay Days ‘has not been canceled’ despite political challenges
GayDays is moving forward with its planned LGBTQ meet-up
Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.
Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.
In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.
“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”
Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.
In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.
“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”
In a longer message shared with supporters, organizers elaborated on that now-reversed decision.
“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.
“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”
GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.
Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.
Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.
Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.
Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.
Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.
More details about this event are expected to be released on Friday.
New York
Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks
The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.
A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.
The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.
In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”
The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.
The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.
This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark.
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