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Hagel nomination controversial in LGBT community

Some seek reassurances during confirmation proceedings

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Leon Panetta, Chuck Hagel, Barack Obama, White House, Secretary of Defense, Washington Blade, gay news

President Obama nominates Chuck Hagel and John Brenner to high-level administration positions (Washington Blade photo by Chris Johnson)

President Obama officially announced on Monday he would nominate former Sen. Chuck Hagel for defense secretary, a move that has stirred controversy in the LGBT community.

Obama appeared with Hagel in the East Room of the White House to name the Nebraska Republican as his choice — calling him “the leader that our troops deserve” and praising him for his service as a U.S. senator and Vietnam veteran — in addition to nominating John Brennan as director of the Central Intelligence Agency.

“Chuck Hagel’s leadership of our military would be historic,” Obama said. “He’d be the first person of enlisted rank to serve as Secretary of Defense, one of the few secretaries who have been wounded in war, and the first Vietnam veteran to lead the department.  As I saw during our visits together to Afghanistan and Iraq, in Chuck Hagel our troops see a decorated combat veteran of character and strength.”

Obama also alluded to outstanding work at the Pentagon on LGBT issues without enumerating any specific initiatives, saying the nation must move toward “continuing to ensure that our men and women in uniform can serve the country they love, no matter who they love.”

Hagel made no reference to LGBT issues during his remarks, but more generally said he was grateful to have another opportunity to serve the country as well as “men and women in uniform and their families.”

“These are people who give so much to this nation every day with such dignity and selflessness,” Hagel said. “This is particularly important at a time as we complete our mission in Afghanistan and support the troops and military families who have sacrificed so much over more than a decade of war.”

The news was met with varied reactions in the LGBT community — ranging from full support to outright opposition — based on Hagel’s anti-gay record and lingering inequities faced by LGBT service members.

First, there are the anti-gay remarks that Hagel made in 1998 about James Hormel, whom the senator referred to as “openly, aggressively gay” in remarks published in the Omaha World-Herald while questioning his ability to serve as a U.S. ambassador to Luxembourg. A U.S. senator representing Nebraska from 1997 and 2009, Hagel also had a poor record on LGBT issues. He voted for the Federal Marriage Amendment in 2004, but didn’t cast a vote in 2006.

Just last month, Hagel delivered an apology to media outlets over his 1998 remarks, saying he backs open service and is “committed to LGBT military families.” Major LGBT groups like OutServe-SLDN and the Human Rights Campaign quickly accepted the apology.

But questions linger on outstanding LGBT issues at the Pentagon. Gay service members still aren’t afforded partner benefits offered to straight troops in the U.S. military  — such as joint duty assignments, issuance of military IDs, use of the commissary and family housing — which could be changed administratively at any time even with the Defense of Marriage Act in place. Pentagon officials have said they’ve been looking into this issue since the time “Don’t Ask, Don’t Tell” was lifted in September 2011, but no action has been taken. Another lingering issue is the prohibition on openly transgender service in the military — another problem that could be changed administratively.

Baldwin seeks answers on Hagel

Lesbian Sen. Tammy Baldwin (D-Wis.), who after being sworn in last week as the first openly gay senator, will be faced with voting on whether to confirm Hagel, told MSNBC’s Andrea Mitchell on Monday that she plans to “ask some tough questions, to give a thorough review and to be fair.”

“But I do want to speak with him … to see if his apology is sincere and sufficient,” Baldwin said. “I want to hear how he’s evolved on this issue in the last 14 years because the significance to the post to which he’s been nominated is the respect for now openly gay members of the military … We need to see [repeal of Don’t Ask, Don’t Tell] implemented successfully especially because the security of this nation is at stake.”

Another group seeking additional information from Hagel is the National Gay & Lesbian Task Force, which issued a statement on Monday expressing concerns about the nomination.

Rea Carey, the Task Force’s executive director, called on Hagel to address how he’d advance LGBT issues at the Pentagon — as well as abortion rights for female service members — during his upcoming confirmation hearings before the Senate.

“We continue to express our concerns about the nomination of former Sen. Chuck Hagel as secretary of defense due to his poor track record on LGBT equality and reproductive rights,” Carey said. “Though Chuck Hagel has recently apologized for past anti-gay remarks, we expect him to fully explain his views during the confirmation process and what steps he intends to take as defense secretary to demonstrate his support for LGBT members of the military and their families.”

Another group that’s seeking a specific action from Hagel — after initially accepting the senator’s apology — is OutServe-SLDN, which issued a statement calling for a plan on partner benefits and non-discrimination policies.

Allyson Robinson, OutServe-SLDN’s executive director, said she wants Hagel to expand on what he means by being “committed to LGBT military families” by articulating policy plans on these issues.

“A commitment to support LGBT service members and their families must be a commitment to action,” Robinson said. “It’s past time to extend all benefits available to married same-sex military couples and families while the so-called Defense of Marriage Act is still on the books. It’s past time to put in place military equal opportunity and nondiscrimination protections so that all qualified Americans who wish to serve this nation in uniform may do so without fear of harassment or discrimination.”

The Human Rights Campaign, the nation’s largest LGBT group, has been relatively silent on the Hagel nomination after accepting Hagel’s apology a couple weeks ago and issued no public news statement on the day of the announcement.

Fred Sainz, HRC’s vice president of communications, said in response to an inquiry from the Washington Blade that his organization is looking to hear more from Hagel during the confirmation hearings without offering an explicit position on the nomination.

“The next secretary of defense will be critical to the implementation of ‘Don’t Ask, Don’t Tell’ repeal,” Sainz said. “We look forward to Senator Hagel’s testimony on how he intends to end the discriminatory behavior against gay and lesbian service members’ families.”

White House says Hagel values inclusion

The White House has responded to LGBT concerns about Hagel’s record through its chief advocate handling LGBT issues — Senior Adviser to the President Valerie Jarrett — who addressed the issue on Monday in a blog posting on the White House website.

“The President is fully committed to ensuring that all of our service members and military families are treated equally,” Jarrett writes. “He is confident that, as Secretary of Defense, Senator Hagel will ensure that all who serve the country we love are treated equally — no matter who they love.”

Noting that Hagel issued an apology for the remarks and expressed a commitment to LGBT military families, Jarrett said “one of the great successes of the LGBT civil rights movement” is providing people the opportunity to evolve on those issues.

“The President would not have chosen him unless he had every confidence that, working together, they will continue to ensure that our military and DOD civilian workforce are as welcoming, inclusive, and respectful as possible,” Jarrett concluded.

A White House spokesperson didn’t respond to a request for comment on whether Hagel would lay out more specific plans during his confirmation process to address outstanding issues regarding benefits or non-discrimination policies.

Former gay Rep. Barney Frank appeared to have a change of heart on Hagel. In an interview with the Boston Globe on Monday, Frank reversed his earlier stated opposition to the former senator’s confirmation as defense secretary, saying he was initially hoping Obama wouldn’t nominate him.

“As much as I regret what Hagel said, and resent what he said, the question now is going to be Afghanistan and scaling back the military,” Frank was quoted as saying. “In terms of the policy stuff, if he would be rejected [by the Senate], it would be a setback for those things.”

Frank, who’s now vying for an appointment as interim U.S. senator of Massachusetts, also reportedly said, “With the attack coming out of the right, I hope he gets confirmed.” If appointed to the Senate seat, Frank would be in a position to vote on the confirmation.

Perhaps the strongest support in the LGBT community in favor of the nomination came from Rick Jacobs, chair of the California-based progressive grassroots organization known as the Courage Campaign, who declared his support for Hagel in a column for The Huffington Post.

“Chuck, like most Americans, has evolved has changed his views on homosexuality,” Jacobs said. “He gave his word that as DoD chief he supports the law, that openly gay and lesbian soldiers will be treated equally to ‘straight’ ones. Remember when the Commandant of the Marine Corps opposed repeal of [‘Don’t Ask, Don’t Tell’] and then when it passed said the Marines would implement it better than any other branch?”

Speaking with the Blade, Jacobs also said he’d like to see Hagel address outstanding LGBT issues at the Pentagon during his upcoming confirmation hearings.

“It would be great to have that addressed as we move forward,” Jacobs said. “It’s a good idea; we should do that. The more we can discuss openly the policies and implementation of policies to make equal LGBT people in service, the better off we are.”

Jacobs told the Washington Blade he hadn’t spoken to any groups prior to writing his column urging him to come out in support of the Hagel nomination.

On the other end of the spectrum is the Log Cabin Republicans. For the second time, the organization on Monday published a full-page ad in a major newspaper opposing the Hagel nomination. The ad, which follows a similar one published in the New York Times last month, is titled “Chuck Hagel’s Record on Gay Rights” and offers a timeline of remarks on LGBT issues made by Hagel.

In addition to the 1998 anti-gay remarks against Hormel, the ad also notes Hagel has expressed support for DOMA and says in 2005, when a federal judge in Nebraska determined the state’s ban on same-sex marriage was unconstitutional, Hagel opposed the decision, saying, “I am hopeful the federal appeals court will recognize the rights of Nebraskans to determine their own laws governing marriage and reverse this decision.”

Gregory Angelo, Log Cabin’s interim executive director, said his organization continues to oppose Hagel after examining the “‘totality’ of his public record on gay rights.”

“Until his name surfaced as a potential nominee for Secretary of Defense, he has stood firmly and aggressively against not only gay marriage, but also against gay people in general,” Angelo said. “Log Cabin Republicans helped lead the charge to repeal Don’t Ask, Don’t Tell and is extremely invested in seeing that we don’t lose any ground due to a lack of sincere commitment to gay people and their families on the part of the incoming Defense Secretary.”

The move by Log Cabin raised questions about how a small organization can afford to buy full-page ads in major newspapers amid speculation that neo-conservative opponents of Hagel are influencing the group. Additionally, Log Cabin applied a different standard to 2012 Republican presidential nominee Mitt Romney by endorsing the candidate even though he backed a Federal Marriage Amendment.

Speaking to the Blade, Angelo said “there’s some potential” for more ads, but declined to comment on the costs of the ads, saying they’re “part of a larger communications effort” that has come from the board of directors. Angelo also denied that other groups had asked Log Cabin to run the ads, saying they came “exclusively from within Log Cabin Republicans.”

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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