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McCain sour over Trump’s declaration of trans military ban

Senate Armed Services Committee chair pledges oversight over change

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John McCain, Values Voter Summit, gay news, Washington Blade, United States Senate, Republican Party, Arizona
John McCain, Values Voter Summit, gay news, Washington Blade, United States Senate, Republican Party, Arizona

Sen. John McCain (R-Ariz.)(Washington Blade photo by Michael Key)

Senate Armed Services Committee Chair John McCain (R-Ariz.) criticized President Trump’s announcement on Wednesday that he intends to ban transgender people from the U.S. military.

McCain, who recently returned to the Senate after being diagnosed with brain cancer, said Trump’s series of tweets declaring the change are “yet another example of why major policy announcements should not be made via Twitter.”

“The statement was unclear,” McCain said. “The Department of Defense has already decided to allow currently-serving transgender individuals to stay in the military, and many are serving honorably today.”

Amid questions about whether transgender people currently serving in the armed forces will be allowed to stay, McCain said his view is they shouldn’t be expelled.

“Any American who meets current medical and readiness standards should be allowed to continue serving,” McCain said. “There is no reason to force service members who are able to fight, train, and deploy to leave the military — regardless of their gender identity. We should all be guided by the principle that any American who wants to serve our country and is able to meet the standards should have the opportunity to do so—and should be treated as the patriots they are.”

McCain stopped short of saying he supports transgender military service, deferring to the review Defense Secretary James Mattis is currently conducting at the Pentagon.

“The Department of Defense is currently conducting a study on the medical obligations it would incur, the impact on military readiness, and related questions associated with the accession of transgender individuals who are not currently serving in uniform and wish to join the military,” McCain said. “I do not believe that any new policy decision is appropriate until that study is complete and thoroughly reviewed by the Secretary of Defense, our military leadership, and the Congress.”

In the meantime, McCain said he’d “continue to follow closely and conduct oversight on the issue of transgender individuals serving in the military.”

It should be noted in 2010 McCain was a leading opponent in the Senate of “Don’t Ask, Don’t Tell” repeal. As the Pentagon was reviewing the possibility at the time of allowing openly gay people to serve, McCain complained the study was off-base and should have asked service members if they want the change. On the day the Senate voted to repeal “Don’t Ask, Don’t Tell,” McCain said on the Senate floor the occasion was a “sad day.”

McCain isn’t the only high-ranking Senate Republican to criticize the trans ban. Sen. Orrin Hatch (R-Utah) tweeted out support for transgender people in his state on the day Trump banned them from military service.

In response to a tweet from an individual asking Utah’s congressional delegation whether they support transgender Utahns, Hatch on Twitter replied, “Yes.”

In a statement to the Washington Blade, Hatch confirmed that tweet was in reference to Trump’s new ban on transgender military service.

“I don’t think we should be discriminating against anyone,” Hatch said. “Transgender people are people, and deserve the best we can do for them. I look forward to getting much more information and clarity from our military leaders about the policy the President tweeted today.”

Hatch and McCain are both among the 10 Senate Republicans in 2013 who voted in favor of the Employment Non-Discrimination Act. However, Hatch insisted on a broad religious exemption in the legislation as well as President Obama’s 2014 executive order barring anti-LGBT workplace discrimination among federal contractors. Hatch got his way on ENDA, although it didn’t make it into law, but not the executive order.

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District of Columbia

Wanda Alston Foundation announces passing of founding executive director Brian Watson

D.C. activist praised as “passionate advocate” for homeless LGBTQ youth

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Brian Watson in 2008. (Washington Blade photo by Henry Linser)

The Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth in the D.C. metro area, announced on July 20 that its founding executive director, Brian Watson, has passed away.

In a statement the Alston Foundation called Watson “one of Washington, D.C.,’s most passionate advocates for LGBTQ+ youth experiencing homelessness.”

Neither the statement nor others who knew Watson have disclosed the cause of death or his age. Longtime LGBTQ community activist Rayceen Pendarvis said she heard only that Watson’s passing followed “a long time illness.”

“The origins of the Wanda Alston Foundation can be traced to a meeting convened by then-Mayor Anthony Williams at the request of Wanda Alston, the Mayor’s Director of LGBTQ Affairs,” the statement says.

“During that meeting, Brian spoke powerfully about the growing crisis of homelessness among LGBTQ+ youth in the District of Columbia and the urgent need for dedicated housing and support services,” it says. “His advocacy helped crystalize a vision that every young person deserves a safe place to call home.”

The statement points out that following Alston’s untimely death, Watson joined other community leaders “to transform that vision into reality by establishing the Wanda Alston Foundation in her memory.”

It says that today the Alston Foundation “proudly carries forward the mission Brian helped create by providing emergency and transitional housing, counseling, workforce development, life-skills training, and other supportive services that empower LGBTQ+ youth to achieve stability, independence, and hope for the future.”

Watson’s LinkedIn page says he served as executive director of the Alston Foundation from July 2013 to March 2014.  The Washington Blade reported in April 2014 that the Alston Foundation announced in a March 11, 2014, statement that Watson had resigned to “pursue other opportunities.”   

His LinkedIn page shows he worked for or with in a supporting role three local nonprofit organizations since leaving the Alston Foundation, including serving from February 2019 to November 2019 as a Methamphetamine Services Specialist for the D.C. group HIPS, which provides services for drug users and sex workers.

According to his LinkedIn page, from October 2014 to “present,” he also served as Chief Innovation Officer for the Propel Foundation, Inc., which he described as a “501c3 nonprofit organization founded in D.C. that works to strengthen nonprofit organizations through fiscal sponsorship and capacity building.”

A Facebook posting by his brother, Vidale Watson, says his family will be making arrangements for a memorial service and will share the date, time, and location once the details have been finalized.

“There are no words to describe the heartbreak our family is feeling,” Vidale Watson wrote. “While we are grateful for every prayer, kind word, and act of support we’ve received over the past week, this loss is still incredibly fresh.”

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Obituary

Beloved local master gardener Frank Asher dies at 69

Longtime LGBTQ rights advocate also known as actor, artist

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Frank Asher in 2014. (Washington Blade file photo by Michael Key)

Frank Larue Asher, described by friends and family members as an acclaimed urban gardener who operated a nonprofit nursery business in D.C.’s Shaw neighborhood from around 2008 until his retirement in 2018 when he moved to Cumberland, Md., and served on the board of a local museum, died July 15.

His longtime friend Raphael Aguon said his passing followed a years-long battle with cancer.

“He was a master gardener who worked diligently to make beautiful spaces for us passersby to enjoy and be inspired,” Aguon said in a Facebook posting. “Frank was kind, and fierce when it came to advocating for LGBTQ rights,” Aguon wrote. “He was deeply loving, sensitive, intelligent, inquisitive, and wondrously creative.”

A Washington Blade profile on Asher published in 2014 reported he was a native of California who moved to D.C. in 1994 as a conference organizer and a short time later began upgrading “sidewalk tree boxes” near his then Dupont Circle home before taking a job managing a local floral shop.

He next started a local landscaping business called Fairies Crossing that specialized in residential, rooftop, and commercial installations, he told the Blade.

In 2008, Asher opened his nursery called the Old City Farm and Guild in what had been a trash-strewn empty lot across from his then new nearby home in the city’s Shaw neighborhood.

Located at 925 Rhode Island Ave., N.W., the sprawling nursery offered a wide range of plant-related items such as seedlings, flowering plants, vegetable plants, shrubs, soils and compost, and gardening supplies. Described by Asher as a place “where people and plants come together,” the Old City Farm and Guild also became a community gathering place.

The Blade profile on Asher reported it soon began hosting performances by local musicians “in a step-down oval space serving as an amphitheater for outdoor neighborhood dances and movie nights projecting films onto a whitewashed wall.”

Asher stated in online postings that in 2018 he sold his businesses to retire and moved to Cumberland, Md., where, among other things, he served on the board of Gilchrist Museum of the Arts.

At the time of his passing the museum released a statement calling Asher “a talented local artist, a devoted supporter of the museum, a former board member, and, above all, a genuinely kind soul. His passion for the arts and his generosity touched countless lives, leaving a lasting impact on our community.”

Melissa Ryan, Asher’s niece, appeared to highlight Asher’s life as he was known by friends and family members in her own Facebook posting.

“He loved people, animals, and plants, all living things were respected and loved,” she wrote. “He was an actor, an artist, an author, an amazing gardener, heavily involved in his communities, always helping, seeking out needs and doing anything he could to fulfill them.”

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National

DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit

David Maltinsky was fired after displaying Pride flag at desk

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A gay FBI trainee was fired after displaying a Pride flag at his desk. (Washington Blade photo by Michael Key)

Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.

Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment constitutional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.

The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.

In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.

“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.

The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.

In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.    

“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.

Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.  

In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.  

“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.

“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”

Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.

Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole  will continue.

“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”      

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