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Top story of 2011: ‘Don’t Ask’ is history

Gay service members rejoin military, come out after anti-gay law disappears

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Barack Obama signs DADT repeal

President Obama signed the repeal of ‘Don’t Ask, Don’t Tell’ in December 2010, but it didn’t take effect until September 2011. (Blade photo by Michael Key)

The anti-gay law known as “Don’t Ask, Don’t Tell” finally came to an end on Sept. 20 after prohibiting open gays from serving in the U.S. military for 18 years.

No other news event had as much impact on the LGBT community as the lifting of the ban — allowing an estimated 66,000 gay people to begin serving openly — which is why we’re naming the end of “Don’t Ask, Don’t Tell” as the story of the year for 2011.

The law came to an end thanks to repeal legislation that President Obama signed into law in December 2010. The bill provided for an end to “Don’t Ask, Don’t Tell” after 60 days passed following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.

After months of training and preparing service members for open service, Obama and defense leaders sent notification to Congress that they had certified an end to “Don’t Ask, Don’t Tell” on July 22. In accordance with the repeal legislation, the ban was lifted 60 days later from the books.

Alex Nicholson, executive director of Servicmembers United, said the end of “Don’t Ask, Don’t Tell” was the result of “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.”

“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,” Nicholson said. “Justice has prevailed and ‘Don’t Ask, Don’t Tell’ is dead.”

According to Servicemembers United, an estimated 14,346 service members were discharged under “Don’t Ask, Don’t Tell” over the course of 18 years before the ban was lifted.

Year In Review: 2011

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, called the end of “Don’t Ask, Don’t Tell” a “historic milestone along the journey to achieving LGBT equality in America’s military.”

“Thanks to veterans, active duty, leaders, allies and supporters everywhere, this is a monumental day for our service members and our nation,” Sarvis said. “Indeed, we have taken a tremendous leap forward for LGBT equality in the military.”

In the wake of lifting the ban, a number of service members who had previously kept their sexual orientation hidden made public the fact that they are gay. Air Force 1st Lt. Josh Seefried, co-director of the group OutServe who formerly went under the alias J.D. Smith, was among those who made his sexual orientation known.

Seefried, a New Jersey-based finance director for the Air Force, said during a news conference on Sept. 20 that being able to take part fully in the military family was particularly important to him.

“That’s what the military brags about so much is having that aspect of being part of the family, being part of the team,” Seefried said. “I almost resented the Air Force for not giving me that opportunity to be part of that team, not being able to bring someone to an event. Now I feel like I can go back to work and I can be part of that team now and actually be honest.”

Capt. Sarah Pezzat, a D.C.-based Marine Corps reservist who served in operations in Haiti, Iraq and Somalia, said at the same event that the end of “Don’t Ask, Don’t Tell” made Sept. 20 feel markedly different than previous days.

“For me, it feels different because I’ve been waiting for this day for a long time,” Pezzat said. “I can post about it on Facebook, I can tell my co-workers if I want to what I did last weekend, things like that.”

The end of “Don’t Ask, Don’t Tell” preceded a number of other firsts for the U.S. military after the implementation of open service. For example, at the Marine Corps balls throughout the country where attendees celebrated the service’s 236th birthday, gay Marines attended with same-sex partners for the first time.

Observers have also said the end of the military’s ban would make gay service members more visible, and, in turn, build on efforts to advance same-sex marriage or employment non-discrimination protections for LGBT people.

Jeff Krehely, director of the LGBT research and communications project at the Center for American Progress, said prior to the lifting of the ban that open service would be significant for many Americans — not just those in the military.

“‘Don’t Ask, Don’t Tell’ repeal is huge and tremendous, but I think there are much larger implications for society because a lot of people really respect the military,” Krehely said.

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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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