National
A personal victory for gay Pentagon official
‘Don’t Ask’ repeal allows gay service members to become ‘whole’

Douglas Wilson, the Defense Department's assistant secretary for public affairs. (Washington Blade photo by Michael Key)
For the first openly gay assistant secretary at the Pentagon, helping to advance “Don’t Ask, Don’t Tell” repeal implementation has been a personally rewarding experience.
In an exclusive interview with the Washington Blade, Douglas Wilson, the Defense Department’s assistant secretary for public affairs, said Tuesday his role in bringing about the change has had particular significance for him because of his admiration for the nation’s armed forces.
“It’s meant a lot to me personally because it’s been an opportunity to help realize change in an institution that I respect tremendously,” Wilson said.
The process leading to gays serving openly in the U.S. military, Wilson said, has been important to him because he knows there are people in uniform who feel they “couldn’t be whole” as they served under “Don’t Ask, Don’t Tell.”
“I know what it’s like to feel like you’re not a whole person,” he said. “This is why as the process of repeal took place, and then the process of certification took place, that was something that personally I kept upper-most in my mind. An institution that has done so much for people, that has produced so many outstanding people, that has done so much for the country itself could understand and recognize how important it is to be a whole person.”
Wilson, whom the Senate confirmed in February 2010 to a senior position at the Pentagon, serves as assistant secretary of defense for public affairs. His duties include being a principal adviser to Defense Secretary Leon Panetta on public information and community relations.
It’s not the Tuczon, Ariz., native’s first job at the Defense Department. Under former defense chief William Cohen during the Clinton administration, Wilson, 60, was a deputy assistant secretary for public affairs, and later principal deputy assistant under public affairs.
Wilson has had numerous other roles in government service and in work for non-profit organizations. Previously, he served as executive vice president of the Howard Gilman Foundation, where he oversaw the development and implementation of the organization’s domestic and international policy programs at its White Oak conservation center.
But in addition to his current duties at the Pentagon, Wilson had a direct role in bringing about “Don’t Ask, Don’t Tell” repeal because he served on the executive committee for the Repeal Implementation Team.
“I’ve never seen myself as either a gay community leader or poster boy,” Wilson said. “I’ve always seen myself as a person with a whole lot of different components to me as an individual, and being gay is one of them.”
The culmination of that work took place when President Obama, Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen certified that the U.S. military is ready for open service. Under the repeal law signed in December, “Don’t Ask, Don’t Tell” will be off the books 60 days after certification — so the law will officially come to an end on Sept. 20.
In the Blade interview, Wilson discussed a variety of topics including what the lifting of the military’s gay ban means to him as well as implications for service members in the future. His partner of 16 years is an educator.
His piece of advice for gay service members after “Don’t Ask, Don’t Tell” is the off the books? Feel confident and believe you can be whoever you want to be.
“The military cliche, slogan is ‘be all that you can be,'” Wilson said. “Never has this been so true as it’ll be on Sept. 20 for thousands of people.”
Wilson had few words about potential partner benefits that could be offered to gay service members upon repeal of “Don’t Ask, Don’t Tell” because he’s “not a specialist on benefits.” Pentagon officials have said they intend to examine the possibility of extending certain benefits to gay service members — although the Defense of Marriage Act prohibits major benefits like housing and health insurance from going to service members.
“I wouldn’t want to speculate because I think all of these are on the table and I think there is a true determination here to do the right thing and to follow the law,” Wilson said.
Additionally, Wilson addressed the possibility of an executive order barring discrimination against troops based on sexual orientation and gender identity. LGBT advocates have called for the order because no non-discrimination rule will be put in place for the military even after “Don’t Ask, Don’t Tell” is lifted, but the Pentagon officials have said they don’t believe such an order is necessary.
Wilson said channels are already in place for gay service members to make complaints about discrimination while enabling the Pentagon to keep its policies sexual orientation-neutral. Still, Wilson left the door open for further discussion on a non-discrimination order.
“People here are aware that there are different views on this issue,” Wilson said. “I expect that discussion on this issue is going to continue but that is the rationale.”
The transcript of the interview between the Washington Blade and Wilson follows:
Washington Blade: You were involved in the Repeal Implementation Team as the Pentagon made its way toward certification. As an openly gay man, what did that role mean for you personally?
Doug Wilson: I was a member of the executive committee of the RIT, and I’ve also have been here as the assistant secretary of defense for public affairs since February of 2010, and I think I’m the first openly gay assistant secretary in the Pentagon’s history. It’s meant a lot to me personally because it’s been an opportunity to help realize change in an institution that I respect tremendously.
I served here in the late ’90s under [former Defense Secretary] Bill Cohen, and I had never in a million years thought that I would be working at the Pentagon. It was a transformational experience for me. I met the most outstanding people in uniform, and civilians as well. But the people I met in uniform were absolutely remarkable people. The things they were required to do and did, the sacrifices that they made — it made a huge impression on me.
It also made an impression on me that there were men and women in uniform who couldn’t be whole. And I know what it’s like to feel like you’re not a whole person. This is why as the process of repeal took place, and then the process of certification took place, that was something that personally I kept upper-most in my mind. An institution that has done so much for people, that has produced so many outstanding people, that has done so much for the country itself — could understand and recognize how important it is to be a whole person.
It has demonstrated that when it came to the integration of the armed forces. It has demonstrated that when it came to the role of women in combat. And I knew that it could demonstrate that when it came to allowing gay and lesbian men and women to be whole and equal.
Blade: But have you ever found it challenging or felt out of place working for a department that — had you been working on the uniform side — until recently would have forced you out of your job because of your sexual orientation?
Wilson: Yes. I have been well aware that as a political appointee and as a civilian that I was able to do things that my counterparts in uniform were not able to do.
I’ve never seen myself as either a gay community leader or poster boy. I’ve always seen myself as a person with a whole lot of different components to me as an individual, and being gay is one of them. The thing that mattered the most to me was the folks in uniform would be able to be that. To be recognized as that — that being gay or lesbian is a component of who they are. It was always uncomfortable that there was that gap.
Blade: Do you feel like you’ve experienced any sort of anti-gay bias or discrimination while working at the Pentagon?
Wilson: No. Even when I was here in the late ’90s and I was quite close to secretary and Mrs. Cohen. They knew my sexual orientation, they extended their hands and welcomed me and at social events welcomed me and my partner. That meant a tremendous amount to me.
I felt the same way being here as an assistant secretary for public affairs, particularly within the office that I had, which consists of a large number of military as well as civilian, political appointees — all of whom know that I’m openly gay, all of whom have been nothing but supportive. It’s not been a factor … it’s a part of who I am, and that’s how I’ve been treated.
Blade: Are there any openly gay figures in government who’ve inspired you to be out?
Wilson: I don’t know that there’s been anybody who’s inspired me to be openly gay. I think that there are figures in government who are friends, who I’m proud to call colleagues — people like John Berry, people like Eric Fanning, who used to work for me at [Business Executives for National Security], is now here with the Navy. … I work with a large number of men and women in this government who are openly gay and lesbian. Certainly on the Hill, there’s an even larger number who are.
I think the thing that — we’re all extremely different people. But I think the approach is similar, that this is a component of who we are. I don’t think John Berry looks at himself as the gay director of [the U.S. Office of Personnel Management.] I think he looks at himself as the director of OPM, and he’s a gay man. That’s how I approach what I’m doing here.
As I say, everybody has their own path in life that they follow, and whether you’re gay or straight how you come to be who you are is your own path. For me, it’s wanting to be accepted for everything that I am in terms of the whole person that I am.
It took a long time to get here because I grew up in the ’50s and ’60s when it was a very, very different time, and it’s been a long time coming, and I’m really proud of who I am. I’m proud of this institution. I’m proud of this administration, and mostly I’m proud of the literally thousands of people who are going to be able to take advantage of the opportunities that I’ve been able to advantage of earlier.
Blade: Did you know Pete Williams, the openly gay former Defense Department spokesperson?
Wilson: Yes I did. He was not openly gay. He was not open when he was here.
Blade: But he has since come out.
Wilson: I believe he has. You’ll have to ask him. I mean, I can’t speak for him. It’s very well known, but you’ll have to ask him how he wants to be characterized, but I feel very confident in saying I’m the first openly gay assistant secretary in any capacity here.
Blade: What was going through your head when certification was happening last week? Were you reflecting on anything personally?
Wilson: Yes. I was reflecting on the process that it took to get to this place in terms of repeal. In December of last year, it was kind of a crucible. And there were points during that month when people thought this ultimately was not going to happen, including very senior people here. And I never did believe that it wasn’t going to happen.
I thought that we really had reached a tipping point in December when [Sen.] Susan Collins stood on the floor after that vote on the [fiscal year 2011 defense] authorization [bill], and, within a couple of hours, she and [Sen. Joseph] Lieberman were back down there talking to [Senate Majority Leader Harry] Reid, and they were going to offer this bill.
At that point, I thought this is not dead. I didn’t see how it could die. I thought there were so many chances to kill it, and it wouldn’t die. And I really thought that this was going to happen in December because I thought too many people could not look themselves in the face, look themselves in the mirror and say — with a report that showed what it showed, that attitudes in the United States being what they were — that they were the ones to be the anachronism. I won some money as a result of that.
Blade: You won some money? How is that?
Wilson: I bet it would happen.
Blade: How much did you win?
Wilson: Let’s put it this way. I won enough for a round of drinks for a few people at JR.’s if I had gone.
Blade: Some conservatives have criticized the decision to certify repeal at this time. Chairman Buck McKeon of the House Armed Services Committee called certification the culmination a “flawed repeal assessment and adoption process” and said he’s disappointed Obama didn’t address “concerns expressed by military service chiefs.” What’s your response to that?
Wilson: Everybody has their own opinion with regards to the “Don’t Ask, Don’t Tell” repeal and it would inappropriate for me wearing the hat that I wear to make any particular comments on any particular person’s point of view.
I would just say that I thought that the Comprehensive Working Group Report truly reinforced the fact that in the military — as well as outside the military — views have changed considerably and that this is not something that is being forced, that this is something that is evolving.
I personally knew that we had reached this point when I saw some of the outreach sessions that were conducted during the report. I can tell you an anecdote. You’ll never be able to fit this into the story, but I will if you don’t mind.
Blade: Go ahead.
Wilson: When I was at Ft. Hood, and after the outreach sessions, we went to see a tank at a tank crew. The purpose of it was to show how close quarters were in a tank and how difficult it would be for gay and straight troops to serve together.
So, we saw the tank, and at the end, the tank crew lined up in front of the tank, and people said to us, “Do you have any questions?” And I said, “You all have served together several years.” And they said, “Yes, we’ve been together a long time.” I said, “What happens if ‘Don’t Ask, Don’t Tell’ is repealed and one of you told the other four that he was gay? What would you do?”
And person by person — the first person said, “Well, my brother’s gay, so it doesn’t matter.” The second person said, “Well, you know, I have so many friends who are gay from high school. It doesn’t matter.” To each person, it didn’t matter. And the final person said, “What matters to me is if this thing is burning, I want someone to be able to pull me out, and I don’t care what their [sexual] orientation is.”
That’s when I knew. That’s when I knew. Everybody is entitled to their opinion. That’s my opinion.
Blade: Do you have any advice for gay service members in this period after certification but before “Don’t Ask, Don’t Tell” is off the books?
Wilson: I would say this has been a lengthy process. The length of it has been frustrating for some people. I understand both the frustration and the need for the process because this a very large institution and cultural change does not turn on a dime, but the evolution of the cultural change that has brought us to this point means that we don’t need to spike the football, what we need to do is understand that a lot of people have spent a lot of effort who are not gay to help us to get to this point.
I would say there are 60 days left because that is part of the legislation and we’ve come this far. Let us reach the end.
Blade: What about after that time? When “Don’t Ask, Don’t Tell” is off the books, what advice would you have for them?
Wilson: Feel confident in yourself, believe in yourself that you can be whoever you want to be. This is the statement that you are a whole person, that your sexual orientation is a part of who you are and it is not a limiting factor to who you can be. Take pride in that.
The military cliche, slogan is “be all that you can be.” Never has this been so true as it’ll be on Sept. 20 for thousands of people.
Blade: Now that recruiters are soon going to be able to take on openly gay people, do you foresee some kind of special outreach or advertising to the LGBT community to search for talent in the armed forces?
Wilson: Here’s what’s very interesting right now about the recruiting process, and that is, for a variety of reasons, all of the services are more than meeting their goals. It’s harder, rather than easier, to get into the services because of that. So, I guess I would say it’s important to make clear that everybody’s welcome, and it’s important to make clear to everybody that their talents are needed. It’s also important to understand that the openings are going to be limited, so you want the best, and the best include both gay and straight individuals.
Blade: But could you see, for example, an ad in the Washington Blade asking for people to enlist?
Wilson: Sure. Let’s put it this way. When the circumstances warrant that we need more people, then I can see an ad in the Washington Post, in the Washington Blade, in the Washington Times, and in the Washington Examiner.
Blade: Pentagon officials have said the issue of benefits for gay service members is going to be examined in the 60-day period before “Don’t Ask, Don’t Tell” is off the books. Which benefits do you think we’ll most likely see?
Wilson: I don’t know the answer to that. And I wouldn’t want to speculate because I think all of these are on the table and I think there is a true determination here to do the right thing and to follow the law.
The Pentagon has been put in a very interesting position by the courts over the past six months, and each step along the way, they have followed the law whatever the law is at that time. With regard to benefits, I think they want to look at each and every issue, they want to be able to determine it based on the law, whatever the law is now, whatever the law will be in 2012 or 2013 or 2014 — that will apply as well. So, I guess I would just say that nothing is off the table, but I wouldn’t want to advance guess the process.
Blade: Just to clarify … some of the major spousal benefits — housing and health insurance — those are prohibited from going to gay service members because of the Defense of Marriage Act. Do you see any possible workaround to offering those benefits to gay service members even with DOMA in place?
Wilson: I have to be honest with you, Chris. This is an area where I couldn’t give you the best answer because I’m not the specialist on benefits; I’m just not. All I would say is there is certainly a recognition here by the Repeal Implementation Team — both military and civilian — of the benefits that are extended to those in uniform, of the ones that for the moment, are not or cannot be because of the law, and people are looking at all of those.
Blade: One issue affecting gay service members has led to an ACLU lawsuit — the half separation pay that many service members face if they’ve been discharged under “Don’t Ask, Don’t Tell.” It’s my understanding this could be changed administratively. Will the Pentagon make this change after “Don’t Ask, Don’t Tell” is off the books?
Wilson: Again, I don’t know the answer. I’m being very honest with you. I don’t know the answer to the question; I wouldn’t speculate about the answer to the question. The only thing I would say is I’m well aware that that is an issue that is going to be raised.
Blade: I think I’m going to get the same answer here, but I’ll ask anyway. Another issue that is facing discharged service members is recoupment costs. Some who have been discharged under “Don’t Ask, Don’t Tell” are required to pay back bonuses they’ve received or grants they received for ROTC tuition —
Wilson: You would get the same answer. … None of these issues or concerns are secrets or surprises to people. The people here are aware of all of them. The one thing — you asked me about my impressions of this team — one of the things that has most impressed me about this repeal implementation team is the degree to which the people who are leading it, particularly the people like [Marine Corps Maj.] Gen. Steve Hummer and [Virginia] “Vee” Penrod. … These are truly outstanding humans. These are people who want to do the right thing. I do not sense a prejudiced bone in their body.
Blade: The issue of non-discrimination is still a concern. There have been some calls for the president to issue an executive order prohibiting discrimination based on sexual orientation and gender identity. There’s been some talk in the briefings that we don’t need to have this executive order. Why is that?
Wilson: The position that has been articulated is because there are channels. There are channels for raising these complaints, and the approach has been — on as any many issues as you possibly can do — to not have to change the policy if the policy already is sexual orientation neutral. And that’s the view here that this policy is sexual orientation neutral. People here are aware that are different views on this issue. I expect that discussion on this issue on this issue is going to continue but that is the rationale.
Blade: There’s also been concern that openly transgender people are still unable to serve in the U.S. military. Do you think that “Don’t Ask, Don’t Tell” repeal will open the door to open trans service?
Wilson: I don’t know the answer to that. I honestly don’t know the answer to that. I guess my own personal opinion is I think the issue of benefits is going to be the first issue after the 60 days, the most immediate issue of the set of the issues that are going to be addressed. The continuing issue of benefits, I think those are going to be addressed in the 60-day period and beyond. So, I think if I had to guess what are going to be the most near-term topics of discussion, it’ll be some of the benefits issues that you raised.
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“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 letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.
