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Despite apology, LGBT concerns persist over Hagel

Advocates seek plan on partner benefits for gay troops, openly trans service

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New LGBT concerns are emerging over the potential nomination of Chuck Hagel as defense secretary (public domain photo by Lance Cpl. Casey Jones)

New LGBT concerns are emerging over the potential nomination of Chuck Hagel as defense secretary (public domain photo by Lance Cpl. Casey Jones)

Concerns are emerging in some circles of the LGBT community — now most notably from gay Rep. Barney Frank (D-Mass.) — over the potential nomination of former Sen. Chuck Hagel as defense secretary, despite the apology he issued days ago regarding anti-gay remarks made in 1998.

A handful of advocates who spoke to the Washington Blade are seeking more details over how Hagel would address remaining issues for LGBT service members — such as additional partner benefits for gay troops and the implementation of openly transgender service — beyond what was offered in the statement in which Hagel apologized and said he would be “committed to LGBT military families.”

Richard Socarides, a gay New York-based Democratic advocate, is among those saying Hagel should lay out more specific plan for addressing outstanding LGBT issues at the Pentagon.

“I think that if he is nominated as Defense Secretary, before we as a community agreed to support him, as some groups have already done, it would be important to hear from him what his plan is on implementing ‘Don’t Ask, Don’t Tell’ repeal and on issues like transgender service,” Socarides said. “These kinds of questions would be appropriate for any defense secretary nominee, but they would be particularly appropriate were the nominee Sen. Hagel, who because of his comments would have some convincing to do.”

Hagel is having his name floated for the role at a time when LGBT rights supporters are pushing the Pentagon to grant additional partner benefits to gay service members — such as joint duty assignments, issuance of military IDs, use of the commissary and family housing — through administrative changes as well as the implementation of open service by transgender people. Since the time “Don’t Ask, Don’t Tell” was lifted in September 2011, the Pentagon has said that it was looking into the benefits issue, but no action so far has been taken.

Jim Burroway, editor of Tucson, Ariz., based blog Box Turtle Bulletin, also said on Sunday the LGBT community should know more about Hagel’s evolution on these issues “before rushing to embrace him.”

“I do think there has been an unseemly rush to accept his apology, considering he apologized for being ‘insensitive’ but not quite for being wrong,” Burroway said. “A lot of other Republicans who changed their minds have found opportunities to articulate their new positions. I’m still waiting for Hagel to do the same.”

Prior to his apology, the concern over Hagel among LGBT advocates was largely over a 1998 quote attributed to him in the Omaha World-Herald where he called then-nominee for U.S. ambassador to Luxembourg, Jim Hormel, “openly aggressively gay.”

On Dec. 14, Hagel issued an apology to media outlets saying the remarks were insensitive and he’s “fully supportive of ‘open service’ and committed to LGBT military families.” At the time, LGBT groups such as the Human Rights Campaign and OutServe-SLDN accepted Hagel’s apology.

But Hagel also has an anti-gay record while serving in Congress. From 2001 to 2006, Hagel consistently scored a “0″ on the Human Rights Campaign’s scorecards. Hagel voted for the Federal Marriage Amendment in 2004, but didn’t cast a vote on the measure in 2006.

On Monday, gay Rep. Barney Frank announced he was outright opposed to the Hagel nomination on the grounds that the former senator’s 1998 anti-gay remarks and his congressional record on LGBT issues demonstrated “aggressively bigoted opposition” and that Hagel “voted consistently against fairness for LGBT people.”

Speaking to the Blade, Frank said he waited to put out the statement on Monday because he had been on vacation during the previous week, but had been meaning to make known his opposition to the nomination for some time.

“It is important that gay liberals and Democrats not appear to be giving our side a pass,” Frank said. “There’s no doubt Obama’s been very good on LGBT issues. It’s also the case that I don’t think he knew of this statement. A lot of people didn’t; it came out later. But now that it’s out there, I think we have to hold firm. That really was an awful statement.”

Frank said he though the Hormel apology was “very unpersuasive” and he was “surprised” groups like HRC would have accepted the apology on the day it was issued.

“The fact that he would call Jim Hormel ‘aggressively gay’ seems to me an indication of the depth of his dislike of us,” Frank said. “If he said I was ‘aggressively gay,’ I would have said, “‘Well maybe.’ But HRC, I was surprised. I don’t know why they would do that.”

Socarides, an adviser to former President Clinton on LGBT issues at the time Hormel was seeking confirmation, also took issue with the apology and is skeptical of the regret Hagel intended to convey in his statement.

“He did not call Ambassador Hormel or even try to communicate directly with him by email or letter,” Socarides said. “The apology did not address in any specific way why he made the original comments. As I recall, it was fairly clear to us at the time that the Hagel statement was as a result of pressure on him by right-wing groups who were demanding that Republican Senators oppose the nomination. Had he provided some context in the apology it might have been more persuasive.”

Socarides added the apology was “clearly written by someone else, probably by a White House staffer” and “seemed contrived and lacked the kind of context it would need to connote genuine regret.”

The White House didn’t respond to a request to comment on whether it had a role in crafting the Hagel apology or to provide any assurances that the next secretary will address the outstanding issues for LGBT service members in the wake of “Don’t Ask, Don’t Tell” repeal.

Over the weekend, President Obama addressed the potential nomination of Hagel during an interview on NBC’s “Meet the Press,” saying that nothing in Hagel’s record — including his anti-gay remarks — disqualify from the role of defense secretary and that his apology reflects “positive change” in the way the country sees LGBT issues.

“And I think it’s a testimony to what has been a positive change over the last decade in terms of people’s attitudes about gays and lesbians serving our country,” the President said. “That’s something that I’m very proud to have led, and I think the anybody who’s serves in my administration understands my attitude and position on those issues.”

The LGBT community itself is divided on Hagel as defense secretary. Opposition is largely coming from commentators — or in Frank’s case, a lawmaker who soon to leaves Congress — as most LGBT groups have accepted the apology from Hagel.

Mara Keisling, executive director of the National Center for Transgender Equality, is among those saying that the LGBT community shouldn’t view Hagel so harshly considering his apology.

“It was two years after Bill Clinton signed DOMA,” Keisling said. “We’ve forgiven Bill Clinton for something worse than name-calling. The point, largely, of the social justice movement is educating people, and then embracing them when they come over to your side.”

Asked whether LGBT groups should demand a commitment to openly transgender service in exchange for supporting the Hagel nomination, Keisling said those demands are underway and talks have already started at the Pentagon.

“I think we’d like that issue to get raised in confirmation hearings for whomever it is — whether it’s Chuck Hagel or somebody else,” Keisling said. “But the conversations are already starting over at the Pentagon and the next secretary of defense is going to have to be answering to that, regardless of who it is.”

John Aravosis, the gay editor of AMERICAblog often critical of HRC and the Obama administration, was also unprepared to criticize either entity over the Hagel apology or his potential nomination as defense secretary.

Aravosis was critical of the 1998 anti-gay remarks — saying they are along the lines of something the late anti-gay Sen. Jesse Helms would say — but added criticizing LGBT groups like HRC for accepting the apology is tough because what kind of commitments they’ve received offline is unknown.

“Maybe they got massive promises from Hagel directly, saying, ‘I promise I’m going to bend over backwards to work with you on the policy,'” Aravosis said. “Who knows? But that’s also part of the downside of having private conservation, is the rest of us look at it and say, ‘We have no idea why you changed your mind. We’re still uncomfortable.’ That’s the sort of the dynamic we’re in.”

The Human Rights Campaign didn’t respond to a request to comment on whether it had received any private promises in exchange for accepting the Hagel nomination or if they had a role in crafting the apology.

Frank said he thinks the opposition to Hagel is so strong now from both progressive and conservatives that the chances of Obama naming him to the post are nil.

But in the unlikely event Hagel was confirmed as Pentagon chief, Frank said he has no doubt Hagel would implement pro-LGBT policy change if ordered to do so by the White House.

“I believe that he will do whatever the president tells him,” Frank said. “I’m pretty sure if he were appointed, which I don’t think he’s going to be, he would be directed to do the right thing.”

Other high-profile opposition to Hagel has come from Hormel himself, who initially questioned the sincerity of the apology in interviews with the Washington Post and the Blade. However, the former ambassador  appeared to reverse himself in a Facebook posting hours later.

Also noteworthy was a full-page ad in the New York Times taken out by the gay Republican group Log Cabin Republicans in opposition to Hagel on the basis of his anti-gay remarks and his earlier stated views on Israel and Iran. Outgoing Log Cabin executive director, R. Clarke Cooper has said they were paid for by Log Cabin members, but has declined to state how much the ad cost or identify these donors.

Socarides was careful to distance his concern about the Hagel nomination from the outright opposition that Log Cabin expressed in its full-page advertisement.

“I would not automatically oppose him, like the Log Cabin Group seems to have done, and certainly would not endorse using someone else’s money to run an advertisement against him based on his foreign policy view,” Socarides said.

Frank said he was unaware Log Cabin put out an advertisement and utterly rejected the notion his opposition against Hagel was along the same lines as the gay GOP group.

“I was hoping I could to talk to you about substance and not stupid things,” Frank responded to the Blade. “I mean, you sound like Joe McCarthy, saying ‘You’re siding with the Communists.’ I didn’t know that Log Cabin had taken that ad until I wrote my statement. … Do you ever write about substance and never about a lot of political bullshit? Why did I do it? Because I don’t think the man should be secretary of defense. I was on vacation, came back and wrote my statement.”

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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