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HIV-positive D.C. attorney commissioned as officer with U.S. Army National Guard

Longtime National Guard member successfully challenged military HIV policy

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Lambda Legal CEO Kevin Jennings, at left, and Baraq Stein, at right, the partner of First Lt. Nicholas Harrison, place a lieutenant’s rank insignia on each side of Harrison’s uniform during a commissioning ceremony in which Harrison was promoted from sergeant to First Lieutenant. (Photo by John Jack Photography)

Gay D.C. attorney Nicholas Harrison, a longtime member of the U.S. Army National Guard, was officially commissioned as a First Lieutenant in the D.C. Army National Guard at an Aug. 5 ceremony.

The ceremony at the D.C. National Guard Armory located next to RFK Stadium took place a little over a year after Harrison, who was diagnosed with HIV in 2012, successfully challenged the military’s longstanding policy of banning soldiers with HIV from becoming commissioned officers in a lawsuit initially filed in 2018.

In what LGBTQ and AIDS activists consider a landmark ruling, the U.S. District Court for the Eastern District of Virginia handed down a decision in April 2022 declaring the military’s HIV restrictions unconstitutional. The decision ordered the U.S. Department of Defense to discontinue its policy of refusing to deploy and commission as officers members of the military with HIV if they are asymptomatic and otherwise physically capable of serving.

Two months after that ruling, the Biden administration announced it would not contest the court ruling in an appeal, and a short time later U.S. Secretary of Defense Lloyd Austin issued a memorandum announcing changes in the military policy that would allow members of the military with HIV to be deployed and become officers in accordance with the court ruling.

The memorandum states that individuals “who have been identified as HIV positive, are asymptomatic, and who have clinically confirmed undetectable viral load will have no restrictions applied to their deployability or to their ability to commission while a service member solely on the basis of their HIV-positive status.”

Kevin Jennings, CEO of Lambda Legal, the LGBTQ litigation organization that represented Harrison in his lawsuit and who attended Harrison’s commissioning ceremony, called the court ruling and the Biden administration’s decision not to appeal the ruling an important advancement in efforts to remove barriers to people with HIV who wish to serve in the military.

“Today is a historic day in Washington, D.C., as we witness the commissioning of Nick Harrison,” Jennings and Lambda Legal Senior Attorney Kara Ingelhart said in a statement. “Although the journey to wearing his officer’s bars took several years, Nick’s perseverance, along with his legal team and other involved service members, helped to realize his dream of becoming an officer in the District of Columbia Army National Guard,” Jennings and Ingelhart said.

Among the more than 50 people who attended Harrison’s commissioning ceremony were family members, friends, LGBTQ rights advocates, and fellow service members.

Serving as master of ceremonies at the event was Dr. Joshua Fontanez, chair of the board for the Modern Military Association of America, the nation’s largest organization representing LGBTQ military service members, their spouses, family members, and veterans. The association joined Lambda Legal in supporting Harrison’s lawsuit to overturn the military’s HIV policy.

Donald Cravins Jr., the U.S. Under Secretary of Commerce for Minority Business Development, administered the oath of office commissioning Harrison to the rank of First Lieutenant.

And Jennings of Lambda Legal and Baraq Stein, Harrison’s partner, performed the ceremonial “Pinning of Rank” by attaching the lieutenant’s rank insignia on each side of the shoulder of the Army uniform that Harrison was wearing at the ceremony.

“This commissioning ceremony, steeped in long-standing military tradition, is intentionally focused on honoring the network of support and inspiration that brought me to this juncture,” Harrison said in remarks following his official commissioning.

“My own path has been far from conventional, leading me into the heart of a storm that allowed me to become part of a larger narrative – challenging the military’s discriminatory HIV policies through a landmark court case brought by Lambda Legal and the Modern Military Association of America,” he said.

A native of Oklahoma, Harrison joined the U.S. Army in September 2000 at the age of 23, at the time he was about to enter his third year as a student at the University of Central Oklahoma. He said he served for three years as an airborne paratrooper with a Parachute Infantry Regiment in Anchorage, Alaska.

After completing his initial enlistment in the Army, he resumed his university studies while joining the Oklahoma National Guard. He graduated in May 2005 with a bachelor’s degree and “proceeded to Oklahoma City University’s law school,” he told the Blade in a statement.

In March 2006, while enrolled in law school, he was deployed to Afghanistan with the Oklahoma National Guard’s 45th Infantry Division, he recounted in his statement. Upon his return, he said he had to restart his law school studies at the University of Oklahoma in August 2007.

After receiving a law degree and Master of Business Administration degree he was deployed once again, this time to Kuwait and Iraq. “On my return, I passed the bar and began job hunting, which led me to Washington, D.C. in July 2013,” he says in his statement.

In October of 2013, he transferred his National Guard membership from Oklahoma to D.C. by joining the D.C. National Guard, where he was assigned to a military police company with the rank of sergeant, he said. During that same year, he was selected for a Judge Advocate General position, which involves duties similar to a civilian judge.

Having been diagnosed with HIV the previous year, he requested a waiver from the military’s HIV policy that would have allowed him to take on his new JAG position. But his request was turned down, prompting him to initiate a campaign to challenge what he and many others believed to be an outdated policy denying fully capable people with HIV from serving in positions as military officers.

A short time later, through support from Lambda Legal and an organization that later became the Modern Military Association of America, he filed his lawsuit challenging the military’s HIV policy that has led to what his supporters are calling the landmark event on Aug. 5 during which he became a commissioned officer.

Harrison, however, said the Army has interpreted the changed HIV rules in a way that has forced him to take his case once again to court to challenge a decision by Army officials to have him reapply to join the National Guard under the new policy rather than commission him as an officer retroactively based on his 23 years of military service.

Having to reapply, Harrison told the Washington Blade, would require him to serve in the National Guard for another eight years, even though he became eligible to retire in 2020. He has contested the decision to require him to reapply before the same court that overturned the military’s discriminatory HIV policy and before the Army Board for the Correction of Military Records, which he says has the authority to “rectify” the Army’s position on reenlistment.

Jennings of Lambda Legal said at Harrison’s commissioning ceremony that Harrison’s ongoing dispute with military officials indicates that some details related to Harrison’s case must still be worked out.

“But today we really should just celebrate Nick’s perseverance,” Jennings told the Blade. “His determination, and the fact that he has made history has paved the way for thousands of people.”

In his remarks following his commissioning, Harrison said among the lessons he has learned in his many years in the military is the need to be respectful of the military as an institution and to engage in “respectful disagreement” when at odds with others.

“When I chose to don the uniform, to become part of an institution that has had its share of failures, it was not a decision made lightly,” he said. “I embarked on this journey because I believe in the potential for change from within, in the power of standing up from within a marginalized community to serve, protect, and defend a nation that doesn’t always reciprocate in kind,” he told the gathering.

Harrison currently serves as managing partner for the downtown D.C. law firm Harrison-Stein.

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District of Columbia

JR.’s hosts meet & greet for mayoral candidate Janeese Lewis George

Event organized by Capital Stonewall Democrats, Queers for Janeese

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From left, Matthew Kavanagh of Queers for Janeese and D.C. Council member Janeese Lewis George attend a campaign event at JR.'s Bar on June 1. (Washington Blade photo by Lou Chibbaro Jr.)(Washington Blade photo by Michael Key)

D.C. mayoral candidate Janeese Lewis George spoke to a crowd of LGBTQ supporters on June 1 at a meet & greet event held at JR.’s on 17th Street in the Dupont Circle neighborhood.

The event, organized by Capital Stonewall Democrats, which has endorsed Lewis George for mayor, with support from a group called Queers for Janeese, was followed by a “get out the vote” canvassing endeavor in which several of those attending the meet & greet visited the homes of nearby residents known to be Lewis George supporters.

The purpose of the canvassing was to remind Lewis George supporters to return their mail-in ballots or go to the polls on June 16 to elect Lewis George as the city’s next mayor, according to Matthew Kavanagh, one of the leaders of Queers for Janeese who attended the meet & greet event at JR.’s.

Local political observers consider Lewis George, a Ward 4 D.C. Council member, and former At-Large D.C. Council member Kenyan McDuffie, to be the two leading candidates in this year’s race for mayor. The two are among seven mayoral candidates competing in the city’s June 16 Democratic primary.

Lewis George told those attending the meet & greet, which was held on the JR.’s outdoor patio, that she has a long record of advocating for and initiating city polices and laws in support of the LGBTQ community. She said large corporate donors were backing her opponents and urged her LGBTQ supporters to help raise funds for her in the remaining days of the campaign.

Among those attending the meet & greet was gay longtime Dupont Circle civic activist Randy Downs who last November opened a nearby eatery called Protest Pizza. “I am queer and I am a Janeese supporter,” Downs told the Blade.

Stevie McCarty, president of Capital Stonewall Democrats, who also spoke at the meet & greet event, said his group would organize events in support of Lewis George in the remaining days of the campaign. Among them, he said, was an LGBTQ bar crawl in which supporters of Lewis George, including the candidate herself, would visit LGBTQ bars to promote her candidacy.

D.C. Council member Janeese Lewis George, fifth from the right on the first row, stands with supporters outside of JR.’s on Monday, June 1. (Washington Blade photo by Lou Chibbaro, Jr.)
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District of Columbia

D.C. kicks off Pride month with flag raising ceremony

Mayor, Council members join LGBTQ activists in 4th annual event

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Members of the D.C. Council joined Mayor Muriel Bowser for the flag raising on Monday. (Washington Blade photo by Michael Key)

Members of the D.C. Council joined Mayor Muriel Bowser and a crowd of LGBTQ activists and supporters on June 1 for the city’s fourth annual LGBTQ Pride flag raising ceremony held outside the John A. Wilson Building, which serves as the D.C. City Hall.

Since its inception four years ago by Mayor Bowser, the event has served as the official kickoff of D.C. Pride month, which culminates this year with the annual Capital Pride Parade on June 20 and Pride festival on June 21, which takes place on Pennsylvania Avenue, N.W. near the U.S. Capitol.

“As I like to say, we’re celebrating Pride month in the gayest city in the world,” Bowser told a crowd that included city officials and Council members joining her on the front steps of the Wilson Building.

“Fifty-one years of Pride in the future 51st state,” she said, adding, “And both movements are rooted in the same belief – every person deserves to be seen, heard, and fully represented.”

Among those who spoke at the event in addition to Bowser were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs; D.C. Attorney General Brian Schwalb; and D.C. Council Chair Phil Mendelson (D-At-Large).

“This year is special,” Bowles told the gathering. “It’s special because we celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs,” he said. “For two decades this office has helped make Washington, D.C. one of the most welcoming and affirming cities in the world.”   

He added, “We have expanded LGBTQ services across agencies, invested millions of dollars into community organizations, championing culturally competent care and training, supporting LGBTQ supportive businesses and workers and celebrated our history.”

Schwalb said his Office of the D.C. Attorney General continues to safeguard the city’s laws protecting residents against discrimination but expressed concern about “high court” rulings that he said continue to roll back civil rights, voting rights, and human rights.

He said, “We’re seeing cases limiting medical care for transgender youth while at the same time green lighting so-called conversion therapy.” He pointed to cases or policies “excluding transgender girls from participating in sports and excluding story books with LGBTQ characters from our school libraries.”

He said his office is committed to protecting all residents, including LGBTQ residents, from all forms of discrimination. “And that includes the right to be our authentic selves, to freely express our identities and ourselves to be who we are and to love who we love.”     

Mendelson, who also expressed strong support for the LGBTQ community and for the upcoming Pride events, said 10 of the Council’s 13 members were attending the Pride flag raising event, including gay Council member Zachary Parker (D-Ward 5).

“I’m just here with gratitude,” Parker told the Washington Blade. “There’s a lot to be grateful for and a lot more to fight for,” he said. “And so, raising this flag is a reminder that our government is here to serve all of our residents regardless of how you identify or who you love.”

Shortly after Mendelson spoke, D.C. Council member Janeese Lewis George (D-Ward 4), who is running for mayor in the city’s June 16 primary, arrived at the event, becoming the 11th Council member to turn out for the event.

Among those also attending the event were Ryan Bos and June Crenshaw, the two top officials of the Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events.

Bowser, who is not running for re-election this year and will be stepping down as mayor in January 2027, thanked those attending the Pride flag raising event for playing a role in an all-inclusive city.

“We speak with one clear voice – that D.C. is a welcoming city,” she said in her remarks. “But also, we know that our work has been robust, but it is not done. We fly this flag in front of the John A. Wilson Building because it tells a story,” she said.

“It tells a story of a city that takes care of itself,” she added. “And we take care of each other. We are a city that is diverse and welcoming.”

Serving as the event’s master of ceremony and who introduced Bowles as the first speaker was longtime D.C. drag performer Tara Hoot.  

(Washington Blade photo by Michael Key)
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District of Columbia

D.C. Pride flag raising ceremony set for June 1

Mayor, council members to participate

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D.C. Mayor Muriel Bowser at the flag-raising of the Progress Pride flag at the Wilson Building in D.C. on June 1, 2023. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs is inviting the LGBTQ community and friends to attend the city’s annual Pride flag raising ceremony scheduled for 4 p.m. Monday, June 1, outside the John Wilson Building that serves as the D.C. City Hall.

Like in prior years, members of the D.C. Council and officials with the Office of LGBTQ Affairs were expected to join Bowser in delivering remarks on the front entrance steps at the Wilson Building before raising the Pride flag atop one of the tall flagpoles next to the building’s entrance.

Gaby Vincent, a spokesperson for the LGBTQ Affairs Office, said attendees of the flag raising ceremony will be invited to attend a reception immediately following the ceremony in the main lobby of the Wilson Building, which is located on Pennsylvania Avenue at 14th Street, N.W.

She said the reception will feature a DJ, dancing, and refreshments provided by the D.C. LGBTQ bar and café Spark Social House.  

Vincent said the flag raising event will also mark the 20th anniversary of the opening of the D.C. Mayor’s Office of LGBTQ Affairs.

In its official announcement of the flag raising event the LGBTQ Affairs Office also announced it is hosting the 7th annual District of Pride Showcase event to be held Friday, June 17, at 7 p.m. at the Lincoln Theater.

The announcement says LGBTQ community members, families, and allies are also invited to walk with Bowser in the Capital Pride Parade scheduled for Saturday, June 20. It says the mayor’s parade contingent will assemble at 2 p.m. at the parade’s starting location at 14th and U Streets, N.W.

“As we also celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs, we invite residents, community members, families and allies to join us throughout June for moments of pride, connection, visibility, and joy,” the announcement says.  

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