National
Appeals court dismisses ‘Don’t Ask’ litigation as moot
Order vacates injunction against military’s gay ban

A federal appellate court panel on Thursday dismissed litigation challenging the constitutionality of “Don’t Ask, Don’t Tell” as moot now that the military’s gay ban has been lifted from the books.
In a decision dated Sept. 29, a three-judge panel on the U.S. Ninth Circuit Court of Appeals dismissed the challenge to “Don’t Ask, Don’t Tell,” or Section 654, in the case of Log Cabin v. United States based on precedent in previous federal litigation.
“This suit became moot when the repeal of section 654 took effect on September 20,” the opinion states. “If Log Cabin filed suit today seeking a declaration that section 654 is unconstitutional or an injunction against its application (or both), there would be no Article III controversy because there is no section 654.”
The court concludes that the lifting of “Don’t Ask Don’t Tell” on Sept. 20 gave Log Cabin everything it hoped to achieve as a result of its lawsuit and a controversy no longer exists for judges to consider.
In addition to declaring the lawsuit moot, the decision vacates the decision that U.S. District Judge Virginia Phillips placed last year on “Don’t Ask, Don’t Tell” enjoining the U.S. government from enforcing the military’s gay ban.
The three-judge panel within the Ninth Circuit was made up of Chief Judge Alex Kozinski and Circuit Judges Kim Wardlow and Richard Paez. The decision was a per curiam opinion, meaning the judges agreed to it as group acting collectively and anonymously.
Dan Woods, a partner at White & Case who’s representing Log Cabin, vowed to take the litigation before the entire Ninth Circuit.
“We are, of course, disappointed by today’s ruling, but we will continue to fight on for the constitutional rights of all people impacted by ‘Don’t Ask, Don’t Tell,'” Woods said. “This is an important issue for all Americans, and we anticipate seeking a re-hearing before the full Ninth Circuit.”
Even though “Don’t Ask, Don’t Tell” has been lifted, plaintiffs continued with the litigation on the basis that a ruling that the ban was unconstitutional would prohibit future reinstatement of the law. Republican presidential candidates Michele Bachmann and Rick Santorum have said they’d reinstitute “Don’t Ask, Don’t Tell” if elected to the White House.
A ruling that “Don’t Ask, Don’t Tell” was unconstitutional could also aid service members discharged under the law seeking back pay, reinstatement or a change in discharge status.
The decision came down from the Ninth Circuit panel after the U.S. Justice Department asked the court to dismiss the lawsuit in the wake of the end to “Don’t Ask, Don’t Tell.”
R. Clarke Cooper, executive director of the National Log Cabin Republicans, said President Obama “should be ashamed that he is responsible” for taking part in the undoing of the district court’s decision on the matter.
“The ruling in Log Cabin Republicans v. United States is the reason why Congress finally acted to end this failed and unconstitutional policy,” Cooper said. “This decision by the Ninth Circuit denies more than 14,000 discharged gay and lesbian servicemembers an important means of obtaining justice for the wrong perpetuated against them under the ban, and leaves open the possibility of future violations of servicemembers’ rights. The court can vacate this ruling, but that does not change the fact that ‘Don’t Ask, Don’t Tell’ was unconstitutional.”
A White House spokesperson deferred comment on the decision to the Justice Department. Tracy Schmaler, a Justice Department spokesperson, had no immediate comment.
Alex Nicholson, executive director of Servicemembers United and sole named veteran plaintiff in the lawsuit, called the ruling “unfortunate.”
“This resolution to the Log Cabin lawsuit is unfortunate for lesbian and gay service members and those dismissed under this policy, as there remains no law or ruling prohibiting future discrimination of this sort in the armed forces,” Nicholson said. “Log Cabin has done a comendable job in pursuing this case over the years, and I am proud to have served as the sole named veteran plaintiff in this case for Log Cabin, which enabled the case to continue on to this point.”
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the Ninth Circuit panel’s decision isn’t a surprise, but still disappointing.
“This decision from the Ninth Circuit Court of Appeals was not unexpected, but we do regret that the court did not uphold Judge Phillips’ ruling that ‘Don’t Ask, Don’t Tell’ was unconstitutional,” Sarvis said. “Notwithstanding today’s decision, the Log Cabin case, like the Cook case before it, played a major role in persuading policy makers to repeal [‘Don’t Ask, Don’t Tell.’]”
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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