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House GOP seeks to delay end to ‘Don’t Ask’

Letter condemned as last-ditch effort to block open service

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Rep. Buck McKeon (Blade file photo by Joey Diguglielmo)

Senior Republicans on a House defense committee are seeking to delay the end of “Don’t Ask, Don’t Tell” on the basis that Congress hasn’t had an adequate opportunity to review the regulatory changes resulting from the end of the policy — a request the Pentagon has rebuffed.

House Armed Services Committee Chair Buck McKeon (R-Calif.) and House Armed Services Personnel Subcommittee Chair Joe Wilson (R-S.C.) write in a Sept. 12 letter to Defense Secretary Leon Panetta that an end to “Don’t Ask, Don’t Tell” — which is set for Tuesday — should be placed on hold because information on the new policy hasn’t been sufficiently available to Congress and the public.

Panetta — along with President Obama and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen — certified the U.S. military was ready for open service on July 22, starting the 60-day period for when “Don’t Ask, Don’t Tell” will be removed from the books.

McKeon and Wilson contend they have requested, but not obtained, copies of the revised regulations that will take effect upon the end of the military’s gay ban.

“This failure to meet the committee’s requests leads us to conclude that decisions on the policies and regulations to implement repeal are not complete and that your certification and those of the others were inaccurate,” the Republicans write.

Additionally, McKeon and Wilson decry what they say is the lack of public availability of the new regulations resulting from the end of “Don’t Ask, Don’t Tell.” The Republicans contend this lack of availability harms service members, including gay and lesbian troops.

“We find it unconscionable that the policies and regulations that provide the guidelines and procedures to be used by service members and their leaders to implement repeal, as well as to protect the interests of all service members, including gay and lesbian members, remain unpublished,” the Republicans write.

Finally, McKeon and Wilson also say the time isn’t now for “Don’t Ask, Don’t Tell” repeal because certain regulatory changes needed for implementation will have to undergo a review and comment period before they can be effective and this period is not scheduled to begin until Tuesday.

“The need for review and comment before these regulations and policies can be effective directly contravenes the July 22 certifications,” the Republicans write. “The Department is not ready to implement the repeal because all the policies and regulations necessary for the transition are not yet final.”

Consequently, the Republicans urge Panetta to hold off on ending “Don’t Ask, Don’t Tell” until after Tuesday and these issues are addressed.

“We believe it is essential that you take immediate action to delay the implementation of repeal until such time that the review and comment period is completed, that DOD has incorporated the changes suggested during that comment period, and that the appropriate regulations needed to implement repeal have been distributed to and are understood by the leaders and key personnel in the field,” McKeon and Wilson write.

But the Defense Department is disputing these assertions and says an end to “Don’t Ask, Don’t Tell” will take place as planned on Tuesday.

“The repeal of Don’t Ask Don’t Tell will occur, in accordance with the law and after a rigorous certification process, on Sept. 20,” a Pentagon spokesperson said. “Senior Department of Defense officials have advised Congress of changes to regulations and policies associated with repeal. We take that obligation seriously.”

The spokesperson said top Defense Department officials, including the Pentagon’s general counsel, have already met with House Armed Services Committee staff and shared the proposed revisions to the regulations and new policies that will be issued.

Since legislation was signed in December to repeal “Don’t Ask, Don’t Tell,” more than 2 million troops have participated in training to prepare for open service and what is expected in a post-repeal environment.

A senior defense official, who spoke on condition of anonymity, said the military service secretaries, service chiefs, and combatant commanders submitted their recommendations months ago, and none suggested repeal be postponed.

LGBT advocates were quick to condemn the Republican letter as a last-ditch attempt to stall the inevitable end of “Don’t Ask, Don’t Tell.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the GOP letter is “another example of the hardcore opposition attempting to delay or undo ‘Don’t Ask, Don’t Tell’ repeal.”

“I expect they will continue to look for openings to deny gay and lesbian service members the same rights and dignity as their straight counterparts,” Sarvis said.

Further, Sarvis said McKeon and Wilson are “simply wrong” in their assertion that new regulations haven’t been prepared within an appropriate manner.

“The statute only requires that the new regulations be prepared – not issued – before certification,” Sarvis said.

Joe Solmonese, president of the Human Rights Campaign, called the letter a “desperate move by extremist House members” to continue discrimination against gay service members.

“Wide majorities of Americans support allowing gay and lesbians to serve openly,” Solmonese said. “It is time to finally end this discriminatory law, and moves to stall will be seen by Americans for what they are – homophobic attempts to prevent the military from continuing down the path of full equality.”

NOTE: This article has been updated.

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Federal Government

RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth

‘Discredited junk science’ — GLAAD

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.

The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.

“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”

While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.

The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”

Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.

“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”

GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”

Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.

“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.

“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.

“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”

“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”

“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.” 

Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.

“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”




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The White House

Trump nominates Mike Waltz to become next UN ambassador

Former Fla. congressman had been national security advisor

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U.N. headquarters in New York (Washington Blade photo by Michael K. Lavers)

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.

Waltz, a former Florida congressman, had been the national security advisor.

Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”

Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”

“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.

Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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