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‘Don’t Ask, Don’t Tell’ is gone

After 18 years, military’s gay ban sent to history books

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The anti-gay law that for 18 years has prevented openly gay people from serving in the U.S. military is today finally lifted from the books and cast in the dustbin of history.

Under the law, which came to be known as “Don’t Ask, Don’t Tell,” an estimated 14,346 service members were discharged from the armed forces because of their sexual orientation. The gay ban was officially removed from the books at 12:01 am.

“Don’t Ask, Don’t Tell” has been lifted thanks to repeal legislation President Obama signed in December. But before repeal could take effect, the law required Obama and Pentagon leaders send certification to Congress.

On July 22, Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen certified the U.S. military was ready for repeal, starting the 60-day period leading to today when the ban has finally come to an end.

The Washington Blade obtained statements that reflect on the end to “Don’t Ask, Don’t Tell” from Obama, LGBT advocates and lawmakers who were involved in the repeal process:

PRESIDENT OBAMA

“Today, the discriminatory law known as ‘Don’t Ask, Don’t Tell’ is finally and formally repealed. As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love. As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members. And today, as Commander in Chief, I want those who were discharged under this law to know that your country deeply values your service.”

“I was proud to sign the Repeal Act into law last December because I knew that it would enhance our national security, increase our military readiness, and bring us closer to the principles of equality and fairness that define us as Americans. Today’s achievement is a tribute to all the patriots who fought and marched for change; to Members of Congress, from both parties, who voted for repeal; to our civilian and military leaders who ensured a smooth transition; and to the professionalism of our men and women in uniform who showed that they were ready to move forward together, as one team, to meet the missions we ask of them.”

“For more than two centuries, we have worked to extend America’s promise to all our citizens. Our armed forces have been both a mirror and a catalyst of that progress, and our troops, including gays and lesbians, have given their lives to defend the freedoms and liberties that we cherish as Americans. Today, every American can be proud that we have taken another great step toward keeping our military the finest in the world and toward fulfilling our nation’s founding ideals.”

LGBT ADVOCATES

Joe Solmonese, president of the Human Rights Campaign:

“[Today] is a historic day for gay and lesbian service members and our nation as a whole. ‘Don’t Ask, Don’t Tell’ was a stain on our nation — not only did it damage our military readiness and national security, but it sent a message that discrimination based upon sexual orientation was acceptable. We know that not to be the case — discrimination accomplishes nothing and tears at the fabric of our country’s strength.”

“Beginning [today], gay and lesbian service members previously discharged under [‘Don’t Ask, Don’t Tell’] will have the opportunity to re-enlist. Gay and lesbian Americans eager to serve the country but not willing to compromise who they are as individuals will, for the first time ever, be able to openly join. And brave men and women currently serving will have the freedom to come out and be honest with their comrades about who they are and who they love.”

“Despite this progress, much work remains to ensure full equality in the military. The so-called Defense of Marriage Act will prohibit gay and lesbian service members and their spouses from receiving many of the benefits their straight counterparts receive. Limiting regulations also impact areas like military family housing, access to legal services, and spousal relocation support. We also are continuing to deal with an infrastructure ill-prepared to handle incidents of discrimination and harassment against gay and lesbian service members. It is incumbent upon fair-minded legislators to continue pushing equality forward by standing up to discriminatory legislative tactics, pushing for repeal of DOMA, examining barriers to service for qualified and dedicated transgender Americans, and ensuring gay and lesbian military families get the same access to benefits as everyone else.”

“This was a hard-fought victory, and supporters of equality should feel proud. But we cannot lose sight of the challenges that remain — from passing the Employment Non-Discrimination Act to bar employment discrimination in every workplace, to bringing an end to DOMA through the Respect for Marriage Act, and to combatting anti-gay activities and rhetoric from political leaders and hate groups. This is indeed a historic moment, but we remain focused on the work ahead.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network:

“Today marks the official end of ‘Don’t Ask, Don’t Tell’ and is an historic milestone along the journey to achieving full LGBT equality in America’s military. Thanks to you — the veterans, active duty, leaders, allies and supporters who have fought so long and hard — this is a monumental day for our service members and our nation. Indeed, we have taken a tremendous leap forward for LGBT equality in the military.

“Our work is far from done, but today we pay tribute to the service and sacrifice of our patriots as we look forward to a new era of military service — one that honors the contributions of all qualified Americans who have served and wish to serve.”

Alex Nicholson, executive director of Servicemembers United:

“On March 15, 1778 the first American servicemember was drummed out of the military for being gay. Since then, tens of thousands more have had their careers ruined and their lives turned upside down by a succession of anti-gay polices and regulations, culminating in the codification of an anti-gay statute in 1993 with the passage of the ‘Don’t Ask, Don’t Tell’ law. In all, 14,346 men and women were discharged pursuant ‘Don’t Ask Don’t Tell.’ But thanks to the persistent hard work of unwavering advocates, especially those who have been directly impacted by this issue, and some courageous politicians over the past six years, ‘Don’t Ask, Don’t Tell’ is now history. As a result, those who continue to serve can sleep easier tonight knowing that they can no longer be arbitrarily fired because of their sexual orientation. Justice has prevailed and ‘Don’t Ask, Don’t Tell’ is dead. God bless America.”

Robin McGehee, director of GetEQUAL, which is organizing a “Day of Discontent” of rallies pushing for further LGBT rights in more than a dozen cities on the day “Don’t Ask, Don’t Tell” is lifted:

“It has taken 17 years of hard work to remove this discriminatory policy, and still our community faces discrimination and intolerance on a daily basis that this one important victory won’t fix. [Today’s] collaborative effort by LGBT organizers across this nation will show lawmakers that we will not be content until we have full federal equality in all matters governed by civil law. We cannot and will not accept anything less — for ourselves, our families and our communities.”

Josh Seefried, an active duty Air Force officer and co-director of OutServe, an organization of actively serving LGBT military personnel (under “Don’t Ask, Don’t Tell,” Seefried went by J.D. Smith to avoid being outed under the law):

“I feel privileged and honored to serve during this time in our nation’s history. This change in policy has not only made our military stronger, but America stronger. I’m proud to serve in the United States Air Force and proud of the fact gay service members can now do their job with their integrity intact.”

Rea Carey, executive director of the National Gay & Lesbian Task Force:

“Today marks the end of an ugly era in American history. After nearly two decades, lesbian, gay and bisexual service members will finally be able to serve their country openly and honestly. Those who fight for freedom will now themselves be able to live more freely. We celebrate this historic moment, which could not come fast enough. Thousands of exemplary and courageous service members have lost their careers and livelihoods to this unjust policy, once again proving there are very personal and costly consequences of discrimination.

“While we observe this tremendous, hard-fought victory for lesbian, gay and bisexual service members, we recognize the journey is not over. Transgender service members are still being forced to serve in silence. This is unacceptable. All qualified, patriotic Americans willing to risk their lives for this country should be able to do so free from discrimination. In addition, the military still lacks explicit nondiscrimination protections, equal benefits and an inclusive equal opportunity policy for LGBT people. We will continue to work toward the day when full inclusion is a reality in the military.”

U.S. LAWMAKERS

House Minority Leader Nancy Pelosi (D-Calif.)

“With the long-overdue end of the discriminatory ‘Don’t Ask, Don’t Tell’ policy, our nation will finally close the door on a fundamental unfairness for gays and lesbians, and indeed affirm equality for all Americans. When the Democratic majorities in the House and Senate took action last year to end this wrongheaded policy, we reaffirmed the core American principle that anyone who wishes to serve, secure, and defend this country must be judged by their abilities and honored for their dedication and sacrifice.”

“For those gays and lesbians discharged unfairly, including those who seek re-accession, we must correct their paperwork so that it properly reflects their service. We must continue efforts to repeal the discriminatory Defense of Marriage Act, but in the meantime, I urge the Obama Administration to investigate opportunities to extend the same support and benefits to all our troops and their families. We cannot allow there to be two classes of service members in our military — those who receive benefits for their families and those who do not.

“This landmark progress comes after the President, the Chairman of the Joint Chiefs of Staff, and the Secretary of Defense have all certified that repeal will not hurt military readiness or unit cohesion.”

“America is the land of the free and the home of the brave because of our men and women in uniform. And [today], we honor their service by recommitting to the values that they fight for on the battlefield.”

Senate Majority Leader Harry Reid (D-Nev.)

“Today marks the end of a shameful and counterproductive policy that needlessly destroyed careers and harmed our military readiness. Thousands of qualified men and women who want to serve our country will now be able to do so without fearing their careers could end due to their sexual orientation. Our armed forces will be stronger because now our military commanders and our nation can be sure we will have the best and brightest service members on the job, regardless of ethnicity, creed or sexual orientation.”

Senate Armed Services Committee Chair Carl Levin (D-Mich.):

“Beginning Tuesday, thousands of brave American service members will be able to serve the country they love without concealing part of their identity. They will no longer have to lie in order to help protect us. The end of ‘Don’t Ask, Don’t Tell’ is an important victory not just for equality, but integrity. And this victory will come without harming our military’s readiness or effectiveness. I applaud the military and civilian leaders throughout the Department of Defense who have helped us to adopt this historic change.”

Sen. Susan Collins (R-Maine), original co-sponsor of the Senate repeal legislation:

“Today represents an historic change for our military and our country. Today, for the first time in our history, we welcome the service of any qualified individual who is willing and capable of serving our country. Today, we will no longer dismiss brave, dedicated, and skilled service men and women simply because they are gay. The repeal of ‘Don’t Ask, Don’t Tell’ is a victory for our national security, and our values, and it strengthens the ranks of our military.”

Sen. Mark Udall (D-Colo.)

“Today is a great day for our national security. Repealing [‘Don’t Ask, Don’t Tell’] will strengthen our military by allowing it to attract our nation’s best talent, regardless of whom they love. The service members who will come out today are the same soldiers, sailors, airmen and Marines they were yesterday — the only thing that has changed is that they can now be honest and open about who they are.”

“Countless young men and women in uniform — gay and straight — have told me that in combat, sexual orientation, race, religion and gender simply don’t matter.  Our military leaders were given the time and flexibility to study and implement repeal — they say they’re ready, our troops are ready, and I’m incredibly proud that we’re finally closing the book on ‘Don’t Ask, Don’t Tell’ and putting it where it belongs — the dustbin of history.”

Watch Udall’s video commemorating the end to “Don’t Ask, Don’t Tell” here:

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Federal Government

Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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The White House

Trump proclamation targets trans rights as State Dept. shifts visa policy

Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.

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President Donald Trump stands in the Roosevelt Room in December 2025. (Washington Blade Photo by Joe Reberkenny)

In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.

“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.

One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.

The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.

However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.

The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”

Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.

According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.

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Florida

Fla. House passes ‘Anti-Diversity’ bill

Measure could open door to overturning local LGBTQ rights protections

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(Photo by Catella via Bigstock)

The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.

The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.

Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.

The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.

But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.

“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.

But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”     

The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”

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