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Pentagon study leaks are aiding repeal effort

Media reports influencing fence-sitting senators: advocates

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Capitol Hill observers say recently leaked details about the upcoming Pentagon study on “Don’t Ask, Don’t Tell” are having a positive influence on the effort to repeal the military’s gay ban.

Meanwhile, some repeal advocates anticipate that congressional hearings will be held on the study before action on repeal is wrapped up.

Alex Nicholson, executive director of Servicemembers United, said “it’s undeniable” that the leaked findings were “extremely helpful” to repeal advocates.

“Whether or not it’ll take us across the tipping point, I don’t know,” he added. “That’s anybody’s guess. It’s undeniable that it moves us more in that direction, but people disagree on where that tipping point is.”

R. Clarke Cooper, executive director of the Log Cabin Republicans, said media reports on the Pentagon working group study are still too recent to properly assess their impact on convincing Republicans to vote in favor of repeal. Still, he said he’s confident the findings will “bring in additional votes.”

“It’s certainly a bolster to the case we’ve been making with Republican lawmakers and their staff that the study is beneficial, it’s very thorough and the terms that Defense Secretary Robert Gates laid out are very clear,” Cooper said.

Repeal advocates said they hope the leaks, which were published in the Washington Post, will bolsters efforts in the Senate to pass the fiscal year 2011 defense authorization bill, which contains language to end “Don’t Ask, Don’t Tell.” A previous vote to move forward with the legislation in September didn’t meet the 60-vote threshold to make it to the Senate floor.

On Wednesday evening, the Washington Post reported that the results of a survey sent to 400,000 U.S. service members over the summer as part of the Pentagon working group’s efforts will reveal that more than 70 percent of respondents think the effect of ending “Don’t Ask, Don’t Tell” would be positive, mixed or nonexistent. A similar report was published Thursday in The New York Times.

These survey results reportedly led study authors to conclude that objections to gays serving openly in the U.S. military would drop after the implementation of open service. The deadline for completing the study and delivering it to Defense Secretary Robert Gates is Dec. 1.

According to the Washington Post, the working group report is about 370 pages long and is divided into two sections. The first section examines whether ending “Don’t Ask, Don’t Tell” will harm unit readiness or morale. The second part offers a plan for ending enforcement of the law. This second section is not meant to serve as the military’s official instruction manual on the issue, but could be used as such if military leaders agreed.

A Democratic aide, who spoke to the Blade on condition of anonymity, said reporting on the Pentagon working group study is infusing pro-repeal efforts “with a newfound energy.”

“Some pro-repeal senators are already touting the findings in discussions with their colleagues, in hopes of galvanizing sufficient support for repeal,” the aide said. “The repeal effort was being hampered by the lack of a completed Pentagon study, but with the study complete — and showing that repeal can be implemented — the anti-repeal effort suddenly seems disingenuous.”

Joe Solmonese, president of the Human Rights Campaign, called on the Pentagon to make the working group report public.

“With the Senate soon turning its attention again to military policy, the results of the Pentagon review should be made available as soon as possible so undecided Senators are well informed,” Solmonese said.

But the leaked findings have already riled social conservatives seeking to keep the ban on open service in place. On Thursday, Tony Perkins, president of the Family Research Council, noted he’s previously taken exception to the Pentagon working group report because he said the scope of the study isn’t appropriate.

“We have criticized this study from the outset because the [Pentagon working group] was forbidden to explore the central question before the country — not how to implement a repeal of the current law, but whether doing so is in the best interest of the armed forces,” Perkins said. “The surveys of service members and their spouses, which were conducted as part of this process shared the same flaw, since they never asked, ‘Do you believe the current law should be overturned?’”

Perkins called on Gates to direct the Pentagon’s inspector general to investigate the source of the leaks and said the leaks to media outlets have “seriously damaged the credibility” of the Pentagon’s review process.

Reporting on the Pentagon study could influence a number of key U.S. senators who have said they want to see the results of the survey before acting on legislation.

A Republican aide, who spoke on condition of anonymity, said the media reports on the Pentagon’s study are having a “positive” impact on influencing those lawmakers to support “Don’t Ask, Don’t Tell” repeal.

“Members who have said let’s wait for the report don’t have much to turn to when the report comes out supportive,” the aide said.

Nicholson said senators who’ve “hinged their vote on the outcome of this review” could vote for a motion to proceed on the defense authorization bill, then use the report to guide their decision on a potential amendment related to the “Don’t Ask, Don’t Tell” language after the bill comes to the floor.

“Given the fact that the way it’s set up is that they can take a vote on cloture before Thanksgiving or before the report comes out … then that, in theory, doesn’t conflict with their stance because they’ll get to take a vote on ‘Don’t Ask, Don’t Tell’ after the report comes out,” Nicholson said.

The Center for American Progress has identified 10 senators and senators-elect who’ve said they want the Pentagon to complete the study before Congress acts on the military’s gay ban.

Among them are Sens. Scott Brown (R-Mass.), Lindsey Graham (R-S.C.), Judd Gregg (R-N.H.), John McCain (R-Ariz.), Mark Pryor (D-Ark.), Olympia Snowe (R-Maine), George Voinovich (R-Ohio) and Jim Webb (D-Va.). The newly elected senators who, because of state election laws, are expected to take their seats during the lame duck session — Mark Kirk of Illinois and Joe Manchin of West Virginia — have also made statements along those lines.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said there have been “no concrete changes yet” on the positions of the senators and senators-elect since the publication of the media reports on the Pentagon’s findings.

“Overall, I think it’s a positive to have the stories out there and now we need to see the report itself,” Sarvis said.

The Blade contacted all of those senators and senators-elect for comment. Only Webb’s office immediately responded. The Virginia senator has previously withheld support for repeal and said he wants to wait for the Pentagon survey results.

According to Webb’s office, the senator’s position hasn’t yet changed. Will Jenkins, a Webb spokesperson, said the senator “is awaiting the release of the final report so he can review the official survey result.”

But Nicholson said Webb’s support for repeal is of limited importance because the Virginia Democrat already voted in favor of cloture on the defense authorization when Senate leadership tried to move it to the floor in September.

“Webb voted for cloture, so it really doesn’t even matter,” Nicholson said. “If we can just get past that hurdle, we don’t need everybody on board for the motion to strike vote. So in theory, we don’t really need Webb.”

One open question is whether the results of the Pentagon working group report would prompt hearings in the Senate Armed Services Committee and whether those hearings will prevent the Senate from moving forward with the defense authorization bill and “Don’t Ask, Don’t Tell” repeal.

The Democratic aide said it’s “unknown” whether the report would prompt hearings in the committee, although such a scenario is possible.

“But McCain, for example, could try to force hearings … and [Senate Armed Services Committee Chair Carl] Levin could relent to McCain’s request,” the aide said.

Nicholson said he believes there will “definitely be a call for hearings” as a result of the Pentagon working group’s findings.

Lawmakers like McCain, Nicholson said, will want hearings to “tear the review apart” and “discredit everything they’ve done and just try to find ways to poke holes in the eventuality that’s coming.” Still, he said moderate senators would want hearings for different reasons.

“I would expect that they would also support hearings, but I think it remains to be seen whether or not they would let their desire for hearings obstruct moving forward on this right now,” Nicholson said.

Nicholson noted the “Don’t Ask, Don’t Tell” language provides for a 60-day review period that is “supposed to be exactly for” congressional review, such as hearing testimony. The review period begins after President Obama, the defense secretary and the chairman of the Joint Chiefs of Staff certify the U.S. military is ready for repeal.

Sarvis said the decision about whether to hold hearings is up to Levin and said he “may schedule hearings this year and next year.” Still, Sarvis said the hearings wouldn’t necessarily delay congressional action on “Don’t Ask, Don’t Tell.”

“I don’t know that the hearings would necessarily get in the way of floor consideration because committee hearings are usually held in the mornings, and the mornings in the Senate is not a time when the Senate usually is voting,” Sarvis said.

UPDATE: In a statement Friday, Geoff Morrell, a Pentagon spokesperson, said Gates is “very concerned and extremely disappointed” that Pentagon sources have leaked information about the “Don’t Ask, Don’t Tell” report and said he’s launching an investigation into the matter.

“The Secretary strongly condemns the unauthorized release of information related to this report and has directed an investigation to establish who communicated with the Washington Post or any other news organization without authorization and in violation of Department policy and his specific instruction,” Morrell said.

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National

US bishops ban gender-affirming care at Catholic hospitals

Directive adopted during meeting in Baltimore.

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A 2024 Baltimore Pride participant carries a poster in support of gender-affirming health care. (Washington Blade photo by Michael Key)

The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.

Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.

The Washington Blade obtained a copy of it on Thursday.

“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”

“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.

The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.

The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.

Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.

“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.” 

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Federal Government

Federal government reopens

Shutdown lasted 43 days.

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(Washington Blade photo by Michael Key)

President Donald Trump on Wednesday signed a bill that reopens the federal government.

Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.

The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.

These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.

None of the senators who supported the deal are up for reelection.

King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)

The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.

This story is being updated as more information becomes available.

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U.S. Military/Pentagon

Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day

Advocates sue to reverse Trump ban while service members cope with new struggles

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Second Lt. Nicolas (Nic) Talbott (Photo courtesy of Talbott)

President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.

The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.

On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.

The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.

For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.

“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”

This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.

“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”

The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.

“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”

Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.

Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.

“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”

The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.

“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”

While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.

Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.

Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.

“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”

“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”

Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.

“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”

He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.

“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”

Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.

“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”

With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.

Levi characterized the policy as overtly cruel and legally indefensible.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.

“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”

Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.

She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”

On legal grounds, Levi noted the ban violates the Equal Protection Clause.

“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”

When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.

“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”

Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.

Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.

“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”

Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.

“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”

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