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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

LGBT exhibition at D.C.’s Capital Jewish Museum opens May 16

‘LGBT Jews in the Federal City’ arrives for WorldPride and beyond

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Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, October 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind & Al Munzer)

The D.C. Lillian and Albert Small Capital Jewish Museum is opening a special exhibition called “LGBT Jews in the Federal City” on Friday, May 16, that will remain at the museum at 575 3rd St., N.W. until Jan. 4, 2026.

Museum officials have said they are pleased that the LGBT exhibition will be open concurrently with WorldPride 2025 D.C., which takes place May 17-June 8. The exhibition also takes place during Jewish American Heritage Month in May and during LGBTQ Pride Month in June, the museum points out in a statement.

“This landmark exhibition explores a turbulent century of celebration, activism, and change in the nation’s capital led by D.C.’s LGBTQ+ Jewish community,” the museum statement says. “This is a local story with national resonance, turning the spotlight on Washington, D.C. to show the city’s vast impact on LGBTQ+ history and culture in the United States.”

LGBT Jews in the Federal City includes “more than 100 artifacts and photographs representing the DMV region’s Jewish LGBTQ+ celebrations, spaces, struggles, joys, and personal stories,” the stamen points out.

A pre-opening tour of the exhibition provided for the Washington Blade shows that among the displays are first-ever shown materials from Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, which is the nation’s fourth-oldest LGBTQ friendly synagogue.

Also included is a prominent display about Barrett Brick, a longtime D.C. LGBT rights advocate and Jewish community leader who served as a board member and president of Bet Mishpachah in the 1980s and as executive director of the World Congress of Gay and Lesbian Jewish organizations from 1987 to 1992. Brick passed away following a 10-year battle with cancer in 2013.

Another display in the museum’s several rooms accommodating the exhibition includes the ability to listen to audio clips of local LGBTQ community members sharing in their own voices their oral histories provided by D.C.’s Rainbow History Project.

Other displays include campaign posters and photos of prominent gay rights icon Frank Kameny, who led efforts to end discrimination against LGBTQ people from the federal government; and a panel from the AIDS Memorial Quilt that includes the name of a prominent Jewish Washingtonian who died during the AIDS epidemic.

“Through prompts, questions, and thoughtful design throughout the exhibition, visitors will be encouraged to ponder new ways to understand Jewish teachings and values as they relate to gender and sexuality,” the museum’s statement says.

“After leaving the exhibition, visitors can contribute to the Museum’s collecting and storytelling by sharing photographs, personal archives, or by recording stories,” it says.

The museum is open for visitors to see the LGBT exhibition and other museum exhibits 10 a.m. through 5 p.m. Wednesdays through Sundays. Admission to LGBT Jews in the Federal City is $12. 

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District of Columbia

Rainbow History Project WorldPride exhibition to open May 18

‘Pickets, Protests and Parades’ to be on display at Freedom Plaza

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A scene from the Gay & Lesbian Pride Festival on June 17, 1990. (Blade file photo by Doug Hinckle)

D.C.’s Rainbow History Project is scheduled to open its WorldPride 2025 exhibition called “Pickets, Protests, and Parades: The History of Gay Pride in Washington” on Sunday, May 18, in Freedom Plaza.

Located on Pennsylvania Avenue, N.W. between 13th and 14th streets less than three blocks from the White House, the exhibition will be open to the public free of charge for 24 hours through July 6.

The exhibition “will chronicle the local LGBTQ+ Pride movement and how the pickets and protests of the 1960s led to the vibrant celebrations of the 2020s,” a statement released by Rainbow History Project says.

The statement notes that the exhibition’s displays will include photos and information about a 1965 protest in front of the White House by 10 gay men and lesbians carrying picket signs in what is believed to be one of the city’s and possibly the nation’s first public demonstrations in support of the then homosexual community.

“The exhibition disrupts the popularly held belief that the LGBTQ+ rights movement began with the Stonewall Riots in 1969 in New York,” the statement points out. It says the 1965 gay protest outside the White House, which took place four years before Stonewall, represents “the start of D.C.’s rich queer history.”

“Covering 1965 to the present, the exhibition explores the history of Pride in D.C. in 10 distinct thematic eras,” according to the statement. “Large hero images around the perimeter will draw people into the exhibit to explore a timeline wall with historic quotes from Pride’s organizers. Each of the 10 eras are detailed in thematic cubes rich with history and visuals.”

The statement says Rainbow History Project is seeking community members to serve as Exhibit Monitors to assist in operating the display in four shifts each day and night to be compensated from between $80 and $100 per shift depending on the time of the shift.

Information about applying to become an exhibit monitor can be accessed at Rainbow History’s website.

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District of Columbia

Jeanine Pirro has mixed record on LGBTQ rights in N.Y.

Trump pick for interim U.S. Attorney for D.C. under fire

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Jeanine Pirro (Photo by Glynnis Jones/Bigstock)

Jeanine Pirro, the controversial Fox News host and commentator appointed by President Donald Trump on May 8 to become interim United States Attorney for the District of Columbia has a little-noticed record of partial support for gay rights while mostly opposing transgender rights.

She expressed support for gay rights during her tenure as a prosecutor and candidate for public office in New York State beginning in 2000, media reports show.

According to news media reports at that time in New York, Pirro actively supported the approval by the New York State Legislature of a hate crimes law that included sexual orientation as a protected class in 2000. Press reports show she also spoke out in support for anti-discrimination protections for LGBTQ people during her unsuccessful election campaign for State Attorney General in 2006.

Although she supported civil unions rather than legal marriage for same-sex couples, Pirro spoke out strongly against a proposed federal constitutional amendment to ban same-sex marriage, press reports show. However, media reports also show she supported the federal Defense of Marriage Act passed by Congress, which defined marriage as a union between a man and a woman.

Reports show that in 2006 she acknowledged participating in both a Pride parade and a fundraising event organized by Log Cabin Republicans, the LGBTQ GOP group.

Other media reports show that Pirro called on the National Collegiate Athletic Association (NCAA) to ban transgender women from competing in women’s sports

“Women are being condemned, disavowed, and erased by allowing transgender women to compete with biological women in sports,” she stated on one of her Fox News talk shows. “This is the ultimate elimination and subjugation of women in our society,” she stated on that show.

In his decision to appoint Pirro as Acting U.S. Attorney for D.C., which by law is a temporary position, Trump has not said whether he plans to nominate Pirro for the permanent D.C. U.S. Attorney position.

Trump’s decision to name Pirro as acting U.S. Attorney came after congressional Democrats as well as some Republicans made it clear they would not support Ed Martin, Trump’s earlier appointment as acting D.C. U.S. Attorney for the permanent U.S. Attorney position.

The Washington Post reports that congressional Democrats have raised strong concerns about Pirro’s ability to serve as D.C.’s U.S. Attorney based, among other things, on her controversial statements as a Fox News talk show host.

The Post reports that she was among the Republicans who disputed the 2020 presidential election results, noting she was named as one of the Fox News commentator defendants in a defamation lawsuit filed by a company producing voting machines that accused Pirro and others with making false statements that faulty voting machines played a role in Trump receiving fewer votes than he actually received when he lost to Joe Biden in the 2020 election.

Congressional Democrats are also raising questions about whether Pirro has sufficient experience to serve as U.S. Attorney based on her past role as three-term Westchester County, N.Y. District Attorney, the Post reports. The Democrats reportedly are claiming Pirro lacks experience as a prosecutor in federal cases, which the D.C. U.S. Attorney prosecutes as well as local D.C. cases.

Trump, in a social media post, called Pirro a “powerful crusader for victims of crime.” Several prominent Republican U.S. senators also expressed strong support for Pirro’s appointment. 

“Jeanine Pirro has had a long and storied career as a prosecutor, and she is a great choice by [Trump] to serve as U.S. Attorney for D.C.,” the Post quoted Sen. Thom Tillis (R-N.C.) as saying.   

Pirro served as a judge in Westchester County, which is a suburb of New York City, before being elected as the county’s district attorney in 1993. She held that position until 2005, when she announced her GOP candidacy for New York’s U.S. Senate seat held then by Democrat Hillary Clinton, which was up for election in 2006.

The Post and other media outlets report conservative Republican leaders pressured Pirro to drop out of the U.S. Senate race on grounds that her moderate positions on a number of issues, including her support for a woman’s right to choose an abortion, would alienate conservative voters.

After withdrawing her candidacy for the Senate, Pirro became a candidate for the New York State Attorney General’s position.

She won the GOP nomination for that position and emerged, according to political observers, as a true “moderate” Republican on issues including her support for LGBTQ rights protections in employment and LGBTQ-inclusive hate crimes laws. In November 2006 Pirro lost the election to Democrat Andrew Cuomo.

Among the issues that hurt her campaign, media reports show, was her former husband’s conviction in 2000 on federal conspiracy and tax evasion charges following his tenure as Trump’s real estate attorney.

He was sentenced to 29 years in prison but served just 11 years before Trump pardoned him at the end of the last year of Trump’s first term as president. According to media reports, Jeanine Pirro lobbied Trump to pardon her ex-husband.

Wikipedia reports that in 2013 Pirro interviewed on her talk show William Owens, an official with the anti-LGBTQ National Organization for Marriage, which opposed same-sex marriage. But the Wikipedia write-up doesn’t say whether Pirro expressed her own views on that subject during the interview.

However, Wikipedia reports that in 2021 Pirro attended Log Cabin Republicans’ Spirit of Lincoln Gala, the group’s largest annual fundraising event.

Andrew Minik, president of Log Cabin Republicans of D.C., said the LGBTQ GOP group strongly supports President Trump’s decision to appoint Pirro as interim U.S. Attorney for D.C.

“Judge Pirro is a longtime friend and ally of Log Cabin Republicans, a fierce advocate for law enforcement officers, and defender of the rule of law,” Minik told the Blade in a statement. “Her appointment marks a turning point in restoring order and ending the culture of leniency that has put D.C. residents at risk,” he said.  

The Human Rights Campaign, the nation’s largest national LGBTQ advocacy organization, considers Pirro’s appointment “a slap in the face of justice,”  according to Brandon Wolf, the group’s national press secretary.

“Given her insulting comments about transgender people, the people of D.C. cannot count on Pirro to protect the rights of all of our residents and visitors,” Wolf said in a statement to the Blade.

“As U.S. Attorney, she would be responsible for prosecuting hate crimes and civil rights violations but based on her time as a Fox News talking head, she can be expected to advance the administration’s anti-LGBTQ+ agenda, including non-enforcement of critical civil rights protections,” Wolf said.

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