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‘Don’t Ask’ repeal is priority No. 1 as Congress returns

Advocacy groups plan aggressive lobbying effort next week

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A gay veterans group is planning a series of events next week to highlight the need to repeal “Don’t Ask, Don’t Tell” as the Senate could take action on the issue this month.

Servicemembers United is organizing a lobby day on Sept. 16 for gay veterans and other supporters of repeal to ask members of Congress to support passage of the fiscal year 2011 defense authorization bill and pending language that would lead to repeal of “Don’t Ask, Don’t Tell.”

Additionally, the organization is planning on the same day an event for the same-sex partners of U.S. service members. Servicemembers United will also host a gala Sept. 17 at its office to raise money for the organization.

The events come as many repeal supporters are pushing for and expecting the Senate to take up the fiscal year 2011 defense authorization bill and “Don’t Ask, Don’t Tell” this month after lawmakers return from August recess.

Michael Cole, a Human Rights Campaign spokesperson, said taking up repeal of “Don’t Ask, Don’t Tell” is the first priority for HRC when lawmakers return next week.

“We are communicating with our allies on the Hill to let them know that we’re looking for them to finish the job,” Cole said. “We feel confident that the votes are there and that it’s time that we rid our laws of this terrible policy.”

Cole said the Senate reportedly is looking at the week of Sept. 20 to take up the defense authorization bill and the “Don’t Ask, Don’t Tell” language in the legislation.

The upcoming lobby day and other events are intended to build pressure on Congress in the remaining days before the vote to move forward with repeal.

Alex Nicholson, executive director of Servicemembers United, said the idea for the upcoming lobby day came after the organization and HRC jointly organized a similar lobby day on “Don’t Ask, Don’t Tell” in May.

“It’s something that has value outside of just the lobbying,” Nicholson said. “It’s an opportunity for vets from all over the country, supporters to get together and connect to socialize, to meet, to work together, collaborate.”

Nicholson said he’s expecting around between 50 and 100 people to attend the upcoming lobby day and estimated around 75 percent of attendees would be former U.S. service members.

But Nicholson said the lobby day next week would be different from the lobby day in the spring in many respects. One major difference will be that rather than simply pushing lawmakers to repeal “Don’t Ask, Don’t Tell,” participants in the upcoming lobby day would ask members of Congress to support certain concrete actions.

“We’re focused on a different objective right now with this lobby day, which is the quality of the visits and the nuances of where the issue is right now,” Nicholson said. “We’re in a very different place right now than we were in early May and there’s some very specific procedural votes that are going to happen.”

Nicholson said the five actions that participants will ask lawmakers to take will be to:

• Oppose a motion to strike the repeal language from the defense authorization bill;

• Oppose any replacement or substitute amendment with respect to the repeal language;

• Oppose any other attempt to modify or remove the repeal language in the defense authorization bill;

• Oppose any filibuster attempt of the defense authorization bill as a whole;

• and support final passage of the defense authorization bill.

Nicholson said this approach to repeal is necessary because many members of Congress hold nuanced positions on “Don’t Ask, Don’t Tell.”

“People like Sen. Jim Webb can say, ‘I do support repeal of Don’t Ask, Don’t Tell, just not this year,’ or ‘I do support it; I’m just going to support it within an expanded certification,'” Nicholson said. “So, we want to make sure that people who are doing our work have the detailed knowledge to be able to push back on these attempts to get around to actually voting for repeal this year.”

Additionally, the upcoming lobby day will differ from the previous lobby day because different members of the Senate are being targeted.

Previously, the repeal supporters had been working to influence the Senate Armed Services Committee to adopt repeal language as part of the defense authorization bill. Now that the committee has taken action to include the language in the legislation, the focus is on the Senate as a whole.

Nicholson said the targeted senators of the upcoming lobby day are Sens. Kent Conrad (D-N.D.), Byron Dorgan (D-N.D.), Judd Gregg (R-N.H.), Tim Johnson (D-S.D.), Blanche Lincoln (D-Ark.), Mark Pryor (D-Ark.) and Mark Warner (D-Va.).

One senator that Nicholson said will get “special attention” is Senate Majority Leader Harry Reid (D-Nev.) because he’s the sole person who can ensure the defense authorization bill sees a vote this month.

Even though the Senate is the priority for repeal supporters because a vote in that chamber is imminent, Nicholson said the lobby day will also involve visits to members of the U.S. House, which has already approved the defense authorization bill with “Don’t Ask, Don’t Tell” repeal language.

“I’m a big believer in follow up and gratitude and appreciation,” Nicholson said. “And so, we’re also doing, where possible, we’re doing some visits with House staff to follow up and thank them for their support, especially for some of the members for whom it was hard to take this vote.”

Servicemembers United is the sole organizer of the upcoming lobby day and is not working with HRC to draw citizen lobbyists from across the country.

“We’ve grown to the point now where we can do something like this by ourselves, and so we decided to convene another lobby day,” Nicholson said.

Still, Nicholson said while previously Servicemembers United was able to rely on HRC to pay to bring people into D.C. from across the country, interested participants will now have to pay their own travel expenses

“They paid for a lot of tickets for people to come into town, and we don’t have that kind of money to throw down on this, so we’re obviously relying on people who are motivated and have the capacity to bring themselves here,” Nicholson said.

As the lobby day approaches, Nicholson said he’s feeling “fairly optimistic” that the Senate will pass a defense authorization bill that includes language for “Don’t Ask, Don’t Tell” repeal, provided Reid brings the legislation to the floor for a vote.

“I think chances are pretty good that we’ll get that through to fruition if Sen. Reid brings it to the floor for a vote before they recess for election season,” Nicholson said. “If he doesn’t, I don’t know what to think. I sort of throw my hands up in the air at that point at that and say, ‘Let’s wait and see,’ because anything could happen.”

On the same day as the lobby day on Capitol Hill, Servicemembers United is also hosting a forum for the same-sex partners of U.S. service members.

Nicholson said the forum is the first ever for the same-sex partners of U.S. service members and is intended to facilitate conversations among those who are in same-sex relationships with those serving in the military.

“Partners are coming to meet each other to talk, to connect, to share their stories and experiences with each other to talk about they challenges, offer advice and get to know one another,” Nicholson said.

Nicholson said the event will be small in scale and estimated about 10 to 15 people will attend.

One component of this forum will be a meeting with the partners and the Pentagon working group that is developing a plan to implement repeal of “Don’t Ask, Don’t Tell.”

Nicholson said he thinks this meeting will be similar to the meeting that repeal supporters arranged with the Pentagon working group for gay veterans in May.

“The Pentagon working group’s style with meeting with groups of people like this has been to let it be an open dialogue with some introductions and talking a little bit about their work and what they’ve been charged with,” Nicholson said.

Nicholson said he thinks that military partners would talk about their experience being the partner of a gay, lesbian or bisexual service members serving under “Don’t Ask, Don’t Tell” and advocate on their partners’ behalf.

Cynthia Smith, a Pentagon spokesperson, confirmed that members of the Pentagon working group are set to meet with the same-sex partners of U.S. service members. Still, she said she couldn’t yet identify which members of the working group would meet with the partners.

“We’re just going to discuss what impact the possible repeal would have on military readiness, unit cohesion, family readiness and recruiting and retention — the same thing we’re asking the spouses of heterosexual partners,” she said. “We understand their voice is very important and we want to hear from them as well.”

But could the same-sex partners of service members inadvertently out their partners under “Don’t Ask, Don’t Tell” during the discussion with the working group?

Smith said the working group will establish guidelines prior to the meeting warning participants not to identify their partners.

“We’re going to establish ground rules that we don’t want them to out a partner,” she said. “Obviously, we’re going to establish those ground rules up front.”

Nicholson said he doesn’t think U.S. service members would be outed by same-sex partners because they “live under the cloud of ‘Don’t Ask, Don’t Tell’ just like their active duty partners.”

“They develop the same risk-aversion instincts as active duty gay and lesbian troops and are fully capable of avoiding the inadvertent outing of their partners,” Nicholson said. “This experience won’t be an unfamiliar one for them in that sense.”

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Florida

DNC slams White House for slashing Fla. AIDS funding

Following the”Big Beautiful Bill” tax credit cuts, Florida will have to cut life saving medication for over 16,000 Floridians.

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HIV infection, Florida, Hospitality State, gay Florida couples, gay news, Washington Blade

The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.

The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026. 

Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health. 

The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.

“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”

The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it. 

HIV disproportionately impacts low income people, people of color, and LGBTQ people

The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.

“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”

More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.

Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.

“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage

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U.S. Supreme Court

Competing rallies draw hundreds to Supreme Court

Activists, politicians gather during oral arguments over trans youth participation in sports

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Hundreds gather outside the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.

“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”

U.S. Sen. Ed Markey (D-Mass.) speaks outside of the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”

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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”

“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”

From left, U.S. Education Secretary Linda McMahon and U.S. Rep. Mark Takano (D-Calif.) speak during the same time slot at competing rallies in front of the U.S. Supreme Court on Tuesday. Takano addresses McMahon directly in his speech. (Washington Blade photo by Michael Key)

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.

“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”

“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”

Takano then turned and pointed his finger toward McMahon.

“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”

Both politicians continued their remarks from opposing podiums.

“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”

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U.S. Supreme Court

Supreme Court hears arguments in two critical cases on trans sports bans

Justices considered whether laws unconstitutional under Title IX.

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The United States Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.

The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.

Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.

“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”

“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”

Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.

“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”

Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.

“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.

“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.

Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.

“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”

Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.

“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”

Kathleen Harnett, center, speaks with reporters following oral arguments at the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.

Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.

“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”

Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.

“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”

Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”

Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.

“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”

Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.

Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.

Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.

“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”

Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.

“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”

A demonstrator holds a ‘protect trans youth’ sign outside of the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

Outside the court, advocates echoed those concerns as the justices deliberated.

“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”

“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”

The Supreme Court is expected to issue rulings in both cases by the end of June.

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