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Gay groups call on court to lift stay on ‘Don’t Ask’ injunction

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LGBT groups working to end “Don’t Ask, Don’t Tell” were to set to file briefs with a U.S. appellate court on Monday calling on judges to allow an injunction against enforcing the law to continue.

Log Cabin Republicans was due on Monday to submit a brief to the U.S. Ninth Circuit Court of Appeals in response to a temporary stay the court issued last week. The stay was on an injunction that a lower court issued stopping the enforcement of “Don’t Ask, Don’t Tell.”

The temporary stay means the Defense Department is free to enforce “Don’t Ask, Don’t Tell” and continue to discharge gay, lesbian and bisexual service members until the court makes a decsion on whether or not to continue the stay pending appeal.

In its 22-page brief, Log Cabin argues that the Ninth Circuit should lift its stay on the “Don’t Ask, Don’t Tell” injunction because “American citizens’ Constitutional rights are violated” under the enforcement of the law.

“The emergency stay of injunction that the government requests would perpetuate this unconstitutional state of affairs with no countervailing benefit to the government that outweighs the deprivation of rights such a stay would entail,” Log Cabin states. “The motion does not meet any of the factors for a stay pending appeal, and it should be denied.”

Download a copy of Log Cabin’s brief here.

It’s unclear when the appellate court will make a decision on whether it will make its stay on the injunction permanent as it hears the case. The U.S. Justice Department appealed the case of Log Cabin v. United States to the Ninth Circuit after U.S. District Judge Virginia Phillips struck down the law in her ruling.

Joining Log Cabin Republicans on Monday were several LGBT groups filing friend-of-the-court briefs, including Servicemembers Legal Defense Network, Lambda Legal and Servicemembers United.

In its 16-page brief, SLDN argues that the Ninth Circuit should lift its stay on the “Don’t Ask, Don’t Tell” injunction because continued enforcement of the law is causing “irreparable harm” to gay, lesbian and bisexual service members.

“If the District Court’s judgment is stayed, tens of thousands of interested individuals, namely valuable gay and lesbian members of the armed forces, will continue to be at risk of discharge, and this constitutes substantial and irreparable harm,” SLDN writes. “[Don’t Ask, Don’t Tell’s] violation of the Fifth and First Amendments alone represents irreparable injury.”

Also in its friend-of-the-court brief, SLDN contends that the stay should be lifted because of the public interest in having “a military that conducts itself in accordance with the Constitution.”

SLDN also says the continued enforcement of “Don’t Ask, Don’t Tell” would put in jeopardy the careers of gay, lesbian and bisexual service members whom the organization represents.

One such person noted in the brief is Lt. Col. Victor Fehrenbach, an Air Force pilot who’s served in the U.S. military for 19 years and is now facing discharge under “Don’t Ask, Don’t Tell.”

“If he is discharged as a result of his private, constitutionally protected conduct, Lt. Col. Fehrenbach will lose his job, income, right to a pension, health and life insurance, and all other benefits associated with being an Air Force officer,” SLDN writes. “Lt. Col. Fehrenbach will suffer a stigma from being discharged involuntarily from the military for violating Air Force regulations.”

Download a copy of SLDN’s brief here.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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