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Discharged gay troops ready to re-enlist

‘That’s the life I was destined to lead’

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Thomas Cook

For Thomas Cook, deciding whether or not to re-enlist in the U.S. military after “Don’t Ask, Don’t Tell” is off the books is a no-brainer.

Cook, a Houston resident who was discharged in 2004 under the anti-gay law, said he “absolutely” plans to rejoin the armed forces on the day that the military’s gay ban is lifted.

“That’s the life I was destined to lead,” Cook said. “I think military service is in my blood and my past experience in the military — I absolutely loved it. I wouldn’t have changed anything about it. I come from a family of military people, and I’m looking forward to going back into the military as soon as I can — Sept. 20.”

Cook, now 29, said he doesn’t intend to enter the same field in the military that he held upon his discharge, nor will he enter the same branch of service. He served in military intelligence in the Army prior to his separation, but Cook said he plans to join the Air Force nursing field to make use of the education he has since received in that area.

On July 22, President Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chief of Staff Adm. Mike Mullen certified that the U.S. military is ready for open service in accordance with the repeal law signed in December, starting the 60-day period for when “Don’t Ask, Don’t Tell” will be a thing of the past on Sept. 20.

Gay service members discharged under “Don’t Ask, Don’t Tell” will be able to re-enter the armed forces from that point forward. Some service members whose separations received media attention said their affinity for military service leaves no doubt in their mind that they’ll re-enter the military as soon as possible.

Cook, who first joined the Army in 2001, said he feels compelled to continue military service even though he was kicked out after he declared his sexual orientation. In 2003, the team leader in Cook’s company said during a training exercise he’d kill anyone in his crew whom he found out was gay. Cook reported the team leader’s remarks to his battalion commander and said the threat alarmed him because he is gay. The confession started Cook’s discharge proceedings, and he was ultimately separated from the Army under “Don’t Ask, Don’t Tell” on Jan. 20, 2004.

Seeking to rejoin the military, Cook was lead plaintiff in Cook v. Gates, a lawsuit challenging “Don’t Ask, Don’t Tell” that was filed by Servicemembers Legal Defense Network. However, the U.S. District Court in Massachusetts and the U.S. First Circuit Court of Appeals upheld the constitutionality of “Don’t Ask, Don’t Tell” in response to the challenge, forcing Cook to wait for legislative repeal before he could re-enter the military.

Cook said he bears no ill-will toward the military even though he was expelled from his position simply for stating his sexual orientation and was unable to reclaim his role through the litigation in which he was lead plaintiff.

“The organization itself has the policy in place, but the people I worked with didn’t necessarily believe in the policy,” Cook said. “I worked with people and the other soldiers that believe the same things I believed, which is anyone and everyone that is eligible to serve and is capable of serving should be allowed.”

Other service members whose discharges received prominent attention also said they intend to rejoin the armed forces after the gay ban is lifted — but aren’t feeling the same need to re-enlist on Sept. 20 as soon as “Don’t Ask, Don’t Tell” is off the books.

Alex Nicholson (Washington Blade file photo by Michael Key)

Alex Nicholson, executive director of Servicemembers United, is planning to re-enter the military as a member of the Reserves and, after obtaining a law degree, pursue a career as a military lawyer in the Judge Advocate General’s Corps.

“It’s still a lifestyle and a set of people that I am comfortable around and I’ve always had an affinity for,” Nicholson said. “It’s hard to explain the phenomenon and the fraternity that it is.”

Like Cook, Nicholson plans to take a different position than his previous role. Nicholson was an Army intelligence officer prior to his separation at the age of 20 under “Don’t Ask, Don’t Tell” in 2002. A fellow service member outed him to his unit after she read a letter he had written in Portuguese to a man he dated before he joined the Army.

After forming Servicemembers United in 2005, Nicholson became active in the discussion with the White House and Congress that led to legislative repeal of “Don’t Ask, Don’t Tell.” Nicholson was also the sole named plaintiff in the lawsuit Log Cabin Republicans v. United States, which led the U.S. Ninth Circuit Court of Appeals to institute an injunction this year barring further discharges under “Don’t Ask, Don’t Tell.”

Despite his plan to rejoin the military, Nicholson, now 30, said he plans to hold off on re-enlisting for about two or three years as he continues his advocacy work because he doesn’t believe being in the military while acting as a watchdog for gay troops is appropriate.

“I just don’t feel like I would be able to continue to do the job that I do by doing that,” Nicholson said. “That’s going to add a whole additional layer of complexity to the political work, or the watchdog work that we do, if I were to do something like that.”

Also planning to re-enlist is Mike Almy, a former Air Force communications officer who was discharged under “Don’t Ask, Don’t Tell” in 2006. He said he wants back in the armed forces because he has an affinity for it.

“It’s what I’ve done for 13 years,” Almy said. “I miss it, the people, the camaraderie, the mission and want to finish my career.”

After a fellow service member read a private e-mail revealing his sexual orientation and reported the information to his commander, Almy was discharged under “Don’t Ask, Don’t Tell.” He never made a public statement that he was gay, but was nonetheless separated.

Almy, 40, received significant attention as a service member discharged under “Don’t Ask, Don’t Tell” after testifying before the Senate Armed Services Committee last year against the military’s gay ban and taking on tough questioning from Sen. John McCain (R-Ariz.).

The best path that Almy said he sees for re-entering the armed forces is the resolution of the lawsuit in which he is lead plaintiff, Almy v. United States. The case, filed by SLDN and pending before the U.S. District Court of Northern California, seeks to reinstate him and other plaintiffs in the armed forces.

The case, Almy said, represents his best chance to return to the Air Force as an officer because of difficulties in the path ahead if he were to re-enlist at a recruiting station.

“It’s very difficult as an officer to go back on active duty, and that has absolutely nothing to do with ‘Don’t Ask, Don’t Tell,’ but just the fact that being separated and out for a couple years — coupled with the fact that there’s a drawdown — so that’s why we got the lawsuit in the works,” Almy said.

Mike Almy (Washington Blade file photo by Michael Key)

Almy added he’s expecting a resolution to the lawsuit in a couple of months and not the exact same position he held upon discharge, but a position that is comparable and the same rank.

Upon his discharge under “Don’t Ask, Don’t Tell,” Almy lost all the benefits he would have had if he had been allowed to retire on his own accord. His reinstatement in the armed forces would enable him to reclaim those benefits.

“I have none whatsoever,” Almy said. “That’s what we’re trying to get as well. Assuming we’re successful in the lawsuit and win, and get reinstatement, then we’ll pick up where we left off basically, so I’ll get those benefits, go on to finish my career and ultimately retire.”

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National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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