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Pentagon issues moratorium on ‘Don’t Ask’ discharges

Letter tells military services to comply with court injunction

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Undersecretary of Defense for Personnel & Readiness Clifford Stanley (Blade photo by Michael Key)

A top Pentagon official issued a moratorium on discharges under “Don’t Ask, Don’t Tell” on Friday in the wake of a federal appellate court decision barring enforcement of the anti-gay law.

In a letter dated July 8, Under Secretary of Defense for Personnel & Readiness Clifford Stanley writes that the military service secretaries must comply with an injunction against enforcing military’s gay ban that was reinstated Wednesday by a three-judge panel on the U.S. Ninth Circuit Court of Appeals. The institution of this moratorium was first reported by the Army Times.

“The reinstatement of that injunction … is effective immediately,” Stanley writes. “The secretaries of the military departments shall ensure immediate compliance with the injunction and this memorandum.”

An injunction on “Don’t Ask, Don’t Tell” had already been put in place last year by U.S. District Judge Virginia Phillips after she determined the law was unconstitutional in the case of Log Cabin Republicans v. United States. However, the moratorium against enforcing “Don’t Ask, Don’t Tell” lasted only eight days. The Ninth Circuit placed a stay on the injunction in November upon request from the U.S. government.

The decision of the Ninth Circuit panel on Wednesday reverses that decision and allows gay service members to serve in the U.S. military without fear of dismissal. Additionally, openly gay people will be allowed to enlist in the armed forces.

“It remains the policy of the Department of Defense not to ask service members or applicants about their sexual orientation, to treat all members with dignity and respect, and to ensure maintenance of good order and discipline,” Stanley writes. “Further, because the injunction is once again in effect, the department will process applications for enlistment or appointment without regard to sexual orientation.”

The Obama administration can appeal the Ninth Circuit panel’s decision to either the full Ninth Circuit or the Supreme Court. In response via email to a Washington Blade question on whether a decision has been made on whether or not to appeal, Pentagon spokesperson Cynthia Smith replied, “We are studying the ruling with the Department of Justice.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization welcomes the temporary suspension of “Don’t Ask, Don’t Tell” discharges, but wants further action from the Pentagon.

“We urge the Pentagon to go further by suspending all investigations of service members that are currently ongoing, and confirm that the Department of Defense and Department of Justice are not preparing to appeal the court’s ruling,” Sarvis said. “It’s imperative for service members, gay and straight, who have been living with ambiguity for far too long as this process has languished unnecessarily. The time for clarity and finality is long overdue.”

Expulsions under “Don’t Ask, Don’t Tell” have been few in number since the Pentagon instituted new guidance in October raising the discharge authority to the military service secretaries “in coordination” with the under secretary of defense for personnel and readiness and the Pentagon general counsel. Four discharges have reportedly taken place since the October guidance was put in place.

The injunction comes after legislation was signed in December allowing for repeal of “Don’t Ask, Don’t Tell.” Under the repeal law, “Don’t Ask, Don’t Tell” will be off the books after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff. The Pentagon has instituted training for troops on handling open service, but certification hasn’t yet happened.

Smith said the Pentagon still plans certification for ending for “Don’t Ask, Don’t Tell” and said implementation “is proceeding smoothly, is well underway, and certification is just weeks away.”

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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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New York

Zohran Mamdani participates in NYC Pride parade

Mayoral candidate has detailed LGBTQ rights platform

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NYC mayoral candidate and New York State Assembly member Zohran Mamdani (Screen capture: NBC News/YouTube)

Zohran Mamdani, the candidate for mayor of New York City who pulled a surprise victory in the primary contest last week, walked in the city’s Pride parade on Sunday.

The Democratic Socialist and New York State Assembly member published photos on social media with New York Attorney General Letitia James, telling followers it was “a joy to march in NYC Pride with the people’s champ” and to “see so many friends on this gorgeous day.”

“Happy Pride NYC,” he wrote, adding a rainbow emoji.

Mamdani’s platform includes a detailed plan for LGBTQ people who “across the United States are facing an increasingly hostile political environment.”

His campaign website explains: “New York City must be a refuge for LGBTQIA+ people, but private institutions in our own city have already started capitulating to Trump’s assault on trans rights.

“Meanwhile, the cost of living crisis confronting working class people across the city hits the LGBTQIA+ community particularly hard, with higher rates of unemployment and homelessness than the rest of the city.”

“The Mamdani administration will protect LGBTQIA+ New Yorkers by expanding and protecting gender-affirming care citywide, making NYC an LGBTQIA+ sanctuary city, and creating the Office of LGBTQIA+ Affairs.”

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