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White House: End to trans military ban ‘updates outdated policy’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White House Press Secretary Josh Earnest said ending the trans military ban “updates outdated policy.”(Washington Blade photo by Michael Key)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 At that point, he had described the policy as outdated.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and well-prepared to defend the country, and he’s come to the conclusion that the best way to do that is to update this outdated policy.”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.
District of Columbia
Bowser appoints first nonbinary person to Cabinet-level position
Peter Stephan named Office of Disability Rights interim director
D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.
The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.
“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.
The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.
The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.
Stephan couldn’t immediately be reached for comment.
“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.
“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel.
Bulgaria
Top EU court issues landmark transgender rights ruling
Member states must allow name, gender changes on ID documents
The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.
The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.
“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.
A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.
“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.”
Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.
“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.”
“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.
Senegal
Senegalese lawmakers approve bill to further criminalize homosexuality
A dozen men arrested in February for ‘unnatural acts’
Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.
The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.
The bill passed with near unanimous support. Only three of 135 MPs abstained.
President Bassirou Diomaye Faye is expected to sign the measure.
The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.
Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”
Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”
“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.
Türk also urged Faye not to sign the bill.
“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk.
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