News
White House: End to trans military ban ‘updates outdated policy’
Earnest declines to say whether change underscores risk to LGBT rights in election
White House Press Secretary Josh Earnest said ending the trans military ban “updates outdated policy.”(Washington Blade photo by Michael Key)
Earnest made the remarks under questioning from the Washington Blade on whether the White House had a hand in encouraging Defense Secretary Ashton Carter to move forward Thursday with implementing openly transgender military service.
“This is something Secretary of Defense Carter wanted to review,” Earnest said. “He announced a few months he wanted to take a look at this policy. At that point, he had described the policy as outdated. So he conducted this review consistent with the priority that he has placed on making sure that our Department of Defense and our armed forces are ready and well-prepared to defend the country, and he’s come to the conclusion that the best way to do that is to update this outdated policy.”
Earnest added Carter made the decision on his own, but the result is “certainly one that is supported by the commander-in-chief.”
Asked if that meant the Pentagon made the decision without input from the White House, Earnest said President Obama and Carter “had an opportunity to discuss” the policy change before it was made.
“The secretary of defense had the responsibility and assumed the responsibility to conduct this review,” Earnest said. “Obviously, the president and the secretary of defense have had an opportunity to discuss it, but this is a review that was conducted by the secretary of defense and he did so focused on the priority that he places on military readiness and he made an observation that is consistent with the president’s view, which is our country and our military is best served when everybody who’s most qualified to serve in our military has the opportunity to do so.”
The change is regulatory and a future administration hostile to openly transgender service could put the ban back in place, but Earnest declined to say whether that underscores the potential risk to LGBT rights in the upcoming election.
“I’ll let individual voters make their own determinations about this,” Earnest said. “The president and the secretary of defense agree on this principle and both men certainly belief that it enhances our national security to live up to this principle, so frankly this is not a decision that’s rooted in politics. This is rooted in something more important, which is the national security of the United States.”
Also on Thursday, a federal judge issued an injunction blocking the enforcement of a recently enacted “religious freedom” law in Mississippi seen to enable sweeping anti-LGBT discrimination.
As first reported by the Blade, the Obama administration has been reviewing the law and Mississippi could potentially lose federal funds as a result of the statute. Asked if that review is now on hold after the ruling, Earnest said he’s limited in his comments because of ongoing litigation against the law.
“What I can just say in general is that these types of laws raise a number of difficult legal and policy questions and what happens in the courts in these cases will inform of our assessment of these laws and their implications,” Earnest said.
More generally, Earnest said Obama has said numerous times he “strongly disagrees with laws that are focused on taking away the rights of law-abiding Americans.”
“And the truth is, we should be a little more focused on protecting the rights and expanding the rights and enhancing the rights of law-abiding Americans, and that is principle the president has abided by and been guided by during his tenure in public service,” Earnest added. “It’s also been a principle that has guided his assessment of laws that are passed at the state and local level as well.”
Another anti-LGBT law was recently enacted in North Carolina, where President Obama intends to travel on Tuesday to campaign on behalf of presumptive Democratic presidential nominee Hillary Clinton.
The controversial law nullified pro-LGBT non-discrimination city ordinances in North Carolina and prohibits transgender people from using public restrooms in schools and government buildings consistent with their gender identity.
Along with the Mississippi law, Obama said during a news conference in April the North Carolina statute is “wrong and should be overturned.”
Asked if Obama during his visit to North Carolina would remind voters about his opposition to the law as they head to the polls, Earnest said isn’t aware of the totality of president’s remarks, but the focus will be on Clinton.
“I don’t have detailed remarks to preview for you at this point, but I can tell you that the focus on the president’s remarks will be on Secretary Clinton and his view that she has the character, the toughness, skills and experience to succeed him as president of the United States,” Earnest said.
Congress
Bill seeks to block global gag rule expansion
Policy now bans US foreign aid to groups promoting ‘gender ideology’
Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.
President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.
Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.
The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.
U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.
“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.
Meng in a Congressional Equality Caucus press release added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.”
“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”
“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.
Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.
Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.
After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.
Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.
He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.
The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.
Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.
The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”
The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.
Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.
But the proposed order Capital Pride at first submitted at the April 29 hearing also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.
At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.
Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”
At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.
In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.
Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.
Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”
“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.
“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.
“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.
“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing. “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”
He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”
This story will be updated when the judge issues his revised stay away order.
European Union
European Parliament backs EU-wide conversion therapy ban
More than 1.2 million people backed campaign
The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.
ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.
The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.
Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.
Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.
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Both sides propose revised orders in Capital Pride stalking case
European Parliament backs EU-wide conversion therapy ban
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