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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 ā€” 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 ā€” 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.Ā 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 ā€” 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,Ā 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 theĀ military’sĀ 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 ā€” coupled with the fact that there’s a drawdown ā€” 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 theĀ 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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Federal Government

Trump ‘culture war’ complicates HUD’s distribution of $3.6B in housing grants

Senate Dems call for new agreements

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U.S. Sen. Adam Schiff (D-Calif.) (Washington Blade photo by Michael Key)

The disbursement of more than $3.6 billion in federal grants to housing providers has been paused for weeks while the U.S. Department of Housing and Urban Development seeks to condition receipt of the funding on compliance with President Donald Trump’s executive actions targeting DEI and transgender and immigrant communities.

March 4 was the statutory deadline for the agency to distribute the funds, which come through the Continuum of Care Program in support of local governments and nonprofit organizations working to promote “a community-wide commitment to the goal of ending homelessness.”

On March 13, a group of Senate Democrats led by U.S. Sens. Adam Schiff (Calif.) and Tina Smith (Minn.) wrote to HUD Secretary Scott Turner urging him to move quickly on distributing the grants and warning of the consequences that recipients are now facing and the harm they will encounter in the future if delays persist.

“To keep the lights on, providers are now being forced to draw on lines of credit at significant cost and risk to their organizations,” the senators said. “These projects enable homeless service providers to help veterans, families with children, youth, seniors, and vulnerable individuals access permanent and temporary housing, crisis counseling, and other supportive services.ā€

HUD subsequently disseminated grant agreements ā€” and Schiff published an example on his office’s website ā€” that included, among other provisions, language stipulating that the awardee (1) “shall not use grant funds to promote ‘gender ideology,’ as defined in E.O. 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” (2) certifies that it does not operate any programs promoting diversity, equity, and inclusion that violate any applicable Federal anti-discrimination laws, and (3) agrees not to use “that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.”

On March 14, the 4th U.S. Court of Appeals stayed a nationwide injunction enjoining three parts of Trump’s executive order on DEI, and the following day, HUD rescinded the CoC contracts and said to expect new agreements within a week as the agency was “working to revise its CoC grant agreements to be consistent with Federal law and compliant with applicable court orders.”

Schiff then led a second letter to Turner on March 19 with the Senate Democratic Leader Chuck Schumer (N.Y.) and U.S. Sens. Alex Padilla (D-Calif.), Martin Heinrich (D-N.M.), Ron Wyden (D-Ore.), Mazie Hirono (D- Hawaii), and Richard Blumenthal (Conn.).

“We urge the department to immediately issue new CoC grant agreements consistent with longstanding practiceā€” free of the aforementioned conditionsā€” to ensure all individuals experiencing homelessness receive protection and support, regardless of gender identity, location, or other characteristics,” they said, requesting a response by March 31.

“The initial FY2024 grant agreements issued to CoC funding recipients contained new requirements that are deeply problematic, and likely unlawful, requirements,” the senators argued. “These mandates, such as barring shelters from serving transgender people, prohibiting DEI initiatives, and certifying that they do not support ‘sanctuary’ policies protecting noncitizens, conflict with federal civil rights, fair housing, and immigration laws, raising serious legal and constitutional concerns.”

The lawmakers noted “the harm caused by these delayed and unfulfilled CoC grant agreements will fall disproportionately on our most vulnerable populations, including women, families with children, youth, veterans, survivors of domestic and intimate partner violence, people with disabilities, and LGBTQ+ individuals.” They added, “Women experiencing homelessness ā€” many of whom are fleeing domestic abuse ā€” already face significant barriers to safety and stability, and restricting access to critical housing services will only further endanger their lives and well-being.”

Citing research that nearly one in three transgender Americans has experiences homelessness in their lives, Schiff and his colleagues stressed that “Transgender and nonbinary people in the U.S. face significant barriers to securing safe housing, with many experiencing homelessness and high rates of mistreatment and violence in shelters.”

With respect to the language in the agreements about “sanctuary” policies, the senators wrote “The organizations receiving CoC funds exist to provide critical, non-discriminatory aid to those in need, regardless of their immigration status. These organizations do not set or enforce immigration policy ā€” they simply fulfill their legal duty to provide life-saving and life-changing care.”

Later on March 19, HUD began issuing new contracts that did not contain the provision concerning DEI but did include the same language about “gender ideology” and “sanctuary” policies.

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U.S. Federal Courts

Court halts removal of two transgender service members

Case challenging anti-trans military ban proceeds in D.C.

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Laila and Logan Ireland (Photo courtesy of the couple)

A federal court in New Jersey issued a temporary restraining order on Monday that will halt the separation of two transgender service members from the U.S. military while their case in D.C. challenging the Trump-Vance administration’s ban moves forward.

The order by Judge Christine O’Hearn pauses proceedings against Staff Sgt. Nicholas Bear Bade and Master Sgt. Logan Ireland, who “have been pulled from key deployments and placed on administrative absence against their will because of the ban,” according to a joint press release Monday by the National Center for Lesbian Rights and GLAD Law, which are representing the service members together with other litigants in Ireland v. Hegseth and in the case underway in the U.S. District Court for the District of Columbia, Talbott v. Trump.

“That court granted a preliminary injunction March 18 barring the Department of Defense from implementing the ban, finding that it discriminates based on sex and transgender status; that it is ‘soaked in animus;’ and that, due to the governmentā€™s failure to present any evidence supporting the ban, it is ‘highly unlikely’ to survive any level of judicial review,” the groups noted in their press release.

Ireland spoke with the Washington Blade in January along with other trans service members and former service members who shared their experiences with the military and their feelings on the new administration’s efforts to bar trans people from the U.S. armed forces.

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State Department

Report: State Department to remove LGBTQ information from annual human rights report

Spokesperson declines to ‘preview’ information ‘at this time’

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(Photo courtesy of the Library of Congress)

The State Department has not commented a report that indicates it plans to remove LGBTQ-specific information from their annual human rights report.

Politico on March 19 reported the Trump-Vance administration “is slashing the State Department’s annual human rights report ā€” cutting sections about the rights of women, the disabled, the LGBTQ+ community, and more.” The Politico article notes it obtained “documents” and spoke with “a current and a former State Department official who were familiar with the plan.”

“We are not previewing the human rights report at this time,” a State Department spokesperson told the Washington Blade on March 21.

Congress requires the State Department to release a human rights report each year. 

The 2023 report specifically noted Uganda’s Anti-Homosexuality Act that contains a death penalty provision for “aggravated homosexuality.” The 2022 report highlighted, among other things, anti-LGBTQ crackdowns in Afghanistan, Russia, and Hungary and so-called conversion therapy.

President Donald Trump since he took office has signed a number of executive orders that have specifically targeted the LGBTQ and intersex community. These include the ā€œDefending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Governmentā€ directive that, among other things,Ā bans the State Department from issuing passports with ā€œXā€ gender markers.

The State Department has eliminated references to transgender travelers from its travel advisories. Germany, Denmark, and Finland have issued travel advisories for trans and nonbinary people who are planning to visit the U.S.

A directive that Secretary of State Marco Rubio issued bans embassies and other U.S. diplomatic institutions from flying the Pride flag. (Former President Joe Biden in March 2024 signed a government spending bill with a provision that banned Pride flags from flying over U.S. embassies.)

The U.S. has withdrawn from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the Organization of American States’ LGBTI Core Group. The Trump-Vance administration’s decision to suspend most U.S. foreign aid spending has been a “catastrophe” for the global LGBTQ and intersex rights movement.

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