National
Murphy: Obama will ramp up efforts after ‘Don’t Ask’ report
Pa. lawmaker says repeal can happen this year
Rep. Patrick Murphy (Blade photo by Michael Key)
The champion of “Don’t Ask, Don’t Tell” repeal in the U.S. House maintains that President Obama will provide the “full spectrum” of engagement in getting the military’s gay ban repealed once the Pentagon completes its report on the issue.
In an interview Tuesday with the Washington Blade, Rep. Patrick Murphy (D-Pa.) said Obama has been engaged in moving Congress to repeal “Don’t Ask, Don’t Tell” and that this effort will expand once the Pentagon working group report — due Dec. 1 — is complete.
“I think there are different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement,” Murphy said.
The first Iraq war veteran elected to Congress said he expects this “full spectrum of engagement” to come from not only the White House, but also the president’s “own Department of Defense.”
Murphy said he hasn’t seen a draft copy of the report, but noted media reports indicating that the study will be favorable to open service in the U.S. military. He said the study should have a positive impact on senators who’ve said they wanted to wait for the report before endorsing “Don’t Ask, Don’t Tell” repeal.
“The study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do,” Murphy said. “And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.”
Sen. Joe Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, and Sen. Susan Collins (R-Maine) sent a letter to the Pentagon on Monday calling for the report to be made available to members of Congress as soon as possible. The Human Rights Campaign issued a similar statement last week.
Asked whether he similarly thinks the report should be available now, Murphy replied, “I think they should release it as soon as it’s completely done.”
Murphy said he’s participated in discussions with Senate leadership and Senate Armed Services Committee Chair Carl Levin (D-Mich.) about moving forward with the fiscal year 2011 defense budget bill, which currently contains “Don’t Ask, Don’t Tell” repeal.
Still, the Pennsylvania lawmaker didn’t offer details on the discussions and characterized them only as “productive.”
Amid reports that talks are taking place to potentially strip the defense authorization bill of its repeal language, Murphy said Republicans have sought a bill without the “Don’t Ask, Don’t Tell” provision.
“I think that’s what the Republicans would like to see,” Murphy said. “But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal ‘Don’t Ask, Don’t Tell’ and put it on the president’s desk, so he can sign it into law.”
With limited time remaining this Congress, it’s possible lawmakers won’t repeal “Don’t Ask, Don’t Tell” this year, leaving Obama to come up with another game plan — perhaps non-congressional action such as a stop-loss order — to put an end to the gay ban.
But Murphy was reluctant to call on Obama to issue a stop-loss order to end discharges under “Don’t Ask, Don’t Tell” and maintained Congress can still repeal the law this year.
“Let’s cross that bridge when we get there,” he said. “Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.”
While seeing a path forward this year, Murphy doubts that Republican leadership in the 112th Congress will be willing to consider “Don’t Ask, Don’t Tell” repeal as part of its agenda.
Asked whether he thinks GOP leaders in the next Congress would be willing to address the issue, Murphy replied simply, “N0.”
During his time in Congress, Murphy has been seen as a leader for “Don’t Ask, Don’t Tell” repeal because of his work moving a measure that would end the ban through the U.S. House.
Murphy took up sponsorship of “Don’t Ask, Don’t Tell” repeal legislation last year, which at the time had about 150 co-sponsors, and gradually built support for the measure.
In May, the work paid off when Murphy submitted a repeal amendment to the House floor that passed by a vote of 234-194.
The work earned Murphy considerable support among the LGBT community in his bid for re-election. Still, he didn’t survive the Republican tide on Election Day and was defeated by his GOP opponent, Mike Fitzpatrick.
But Murphy said he isn’t going to “second guess” whether his leadership on “Don’t Ask, Don’t Tell” repeal contributed to his loss on Election Day.
“My dad taught me that if you don’t stand for something, you fall for anything,” Murphy said. “And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.”
Even with his loss, Murphy said he stands by other tough votes in his district, such his “yes” votes on the $787 billion stimulus package and health care reform.
“We stopped the worst recession from turning into a depression,” Murphy said. “As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.”
And what’s on Murphy’s docket once his term is complete at the end of the year?
“I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game,” Murphy said. “That’s the game plan.”
The transcript of the Murphy interview follows:
ON ELECTION RESULTS
Washington Blade: What’s your take on the election results on Nov. 2? Do you think that your leadership on “Don’t Ask, Don’t Tell” repeal contributed to your loss on Election Day?
Rep. Patrick Murphy: You know, I’m not going to second guess anything. My dad taught me that if you don’t stand for something, you fall for anything. And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.
Blade: Why do you think you think you lost on Election Day?
Murphy: I think it was a tough year for Democrats, and I think my opponent ran a great campaign, and I’m proud of the support that we had, but it was an historic wave that we got caught up in, but … we’re going to continue to stand for middle-class families and for our country and do what’s right.
Blade: Is there anything over your past two terms in Congress that you regret? Anything that you think you could have done differently to win re-election?
Murphy: You know, I don’t live my life with regrets. There’s things here and there. I wish I would have played the lottery numbers differently on Saturday night. … We had an incredible time serving the families of my district and our country, and we helped protect 3,000 jobs, we helped end the war in Iraq, we helped move our country in a new direction. …
Blade: So the vote for the stimulus package, the vote for the health care bill — you stand by them today?
Murphy: Absolutely.
We stopped the worst recession since the Great — we stopped the worst recession from turning into a depression. As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.
ON ‘DON’T ASK’ REPEAL IN LAME DUCK
Blade: How confident are you that Congress is going to be able to repeal “Don’t Ask, Don’t Tell” in the lame duck session?
Murphy: Well, we need the Senate to act. It’s in the Senate’s hands. We did our job over here in the House. I was proud to lead that effort and now we’re continuing to put the appropriate pressure on the Senate to do what’s right for national security.
We’re still in Afghanistan and Iraq and we cannot be forcing honorable men and women who are willing to take a bullet to keep our families safe to be thrown out just because they happen to be gay.
Blade: Are there any conditions that you think need to be met — anything that you think needs to happen — to muster enough support for the Senate to move forward?
Murphy: I think we’ll see — we need the senators, especially on the Republican side, to do what’s right for our troops, and I think it couldn’t be more clear. A lot of them said, “Well, let’s see what the study group says.” Well, the study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do.
And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.
Blade: Have you had conversations with Senate leadership or Senate Armed Services Committee Chair Carl Levin about moving forward with the defense authorization bill in lame duck?
Murphy: Yes.
Blade: How would you characterize those conversations?
Murphy: Productive.
Blade: What made them so productive?
Murphy: You’ll see.
Blade: How serious do you think this talk is of moving forward with the defense authorization bill with the “Don’t Ask, Don’t Tell” language stripped? Is that a serious option that’s on the table?
Murphy: I think that’s what the Republicans would like to see. But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal “Don’t Ask, Don’t Tell” and put it on the president’s desk, so he can sign it into law.
Blade: You mentioned the media reports on the Pentagon study. Do you see that having an impact right now on influencing some senators who were on the fence in getting them to support “Don’t Ask, Don’t Tell” repeal?
Murphy: I hope so because they looked their constituents and the American public in the eye and said, “As soon as this working group comes back, we’ll do the right thing on what it says.” Well, the report came out, it shows how the American military feels that this is a non-issue and that there is … 26 other countries who allow their members to serve openly, and for the American troops, it’s offensive to them to think that they’re not as professional as 26 other countries.
So, hopefully, our senators recognize that and will do what’s right.
Blade: Have you seen the draft report?
Murphy: No.
Blade: Should the Pentagon release the report immediately — the official report? And, if they do that, what kind of impact do you think that would have on getting the ball rolling?
Murphy: I would like to read it, and I would like to see it, and I look forward to reading it.
Blade: But should they release that report immediately?
Murphy: I think they should release it as soon as it’s completely done.
ON THE OBAMA ADMINISTRATION
Blade: Do you think President Obama has been engaged in getting the Senate to move forward with “Don’t Ask, Don’t Tell” repeal in lame duck?
Murphy: Um, uh, yes.
Blade: What evidence do you see of him doing that?
Murphy: Well, I think there’s different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement.
Blade: During a recent press conference, White House Press Secretary Robert Gibbs didn’t identify “Don’t Ask, Don’t Tell” repeal as among the legislative items the president wants to see in lame duck. Is that of concern to you?
Murphy: I think they were waiting for the report to come out. The report is days away from coming out officially — and not just excerpts of it that we’ve all read.
Blade: Is there anything more right now that the president could be doing to get the Senate to move forward with “Don’t Ask, Don’t Tell” repeal?
Murphy: I think once the report comes out we’ll see the full spectrum of engagement from — and the appropriate amount of engagement from the White House once that report comes out from his own Department of Defense.
Blade: Do you think Defense Secretary Robert Gates right now is being engaged in getting the Senate to move forward with the defense authorization with “Don’t Ask, Don’t Tell” repeal?
Murphy: I look forward to Gen. [Carter] Ham’s testimony on Thursday.
Blade: But do you think Secretary Gates is engaged?
Murphy: I look forward to Gen. Ham’s testimony on Thursday.
Blade: Do you think that this process — having a year-long study to examine “Don’t Ask, Don’t Tell” — was the appropriate way to address the issue? Do you think it jeopardized legislative efforts for repeal by leaving only a small window open for action in lame duck?
Murphy: Well, I think the premise behind the study was that — how we’re going to implement “Don’t Ask, Don’t Tell” [repeal], not if we’re going to repeal “Don’t Ask, Don’t Tell.” So, I think it’s interesting — to read that report and how we’re going to implement it.
But the reality of this is I think that we have time to act. We all serve until Jan. 3, and we need to get out there.
Blade: There’s also been some action in courts. A California federal court ruled “Don’t Ask, Don’t Tell” unconstitutional, and for eight days, had an injunction in place preventing enforcement of the law. Do you think it was a mistake for the Obama administration to appeal this ruling?
Murphy: Well, you know, it’s interesting. I actually met a soldier who went and enlisted after that injunction came out. And then, … he was going to get his physical and they had to withdraw.
I think that’s why it’s very clear that Congress needs to do its job and that we can’t punt this to the courts or to the White House. We need to get after it and finally repeal the law that Congress put into place 16 years ago. …
Blade: In the event that Congress doesn’t repeal “Don’t Ask, Don’t Tell” in lame duck, do you think the president should issue a stop-loss order to stop the discharges?
Murphy: Let’s cross that bridge when we get there. Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.
ON THE NEXT CONGRESS
Blade: In the event that Congress can’t do it this year —
Murphy: Congress can do it this year. We all serve until Jan. 3.
Blade: Do you think the 112th Congress will be in an equal position to appeal “Don’t Ask, Don’t Tell” compared to the 111th Congress?
Murphy: I guess time will tell. We’ll see.
Blade: Do you think Republican leadership in the House will be willing to consider “Don’t Ask, Don’t Tell” repeal?
Murphy: No.
Blade: If this fight continues, can you recommend someone in the 112th Congress who can take up the mantle of “Don’t Ask, Don’t Tell” repeal in the U.S. House?
Murphy: Let’s get it done in the 111th Congress now. …
ON HIS PERSONAL FUTURE
Blade: Once your term expires, what do you plan to pursue when you go back to Pennsylvania?
Murphy: I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game. That’s the game plan.
Blade: Is there an occupation that you intend to pursue?
Murphy: We’ll see.
Blade: Do you plan on continuing to be an advocate for open service in the military?
Murphy: I continue to plan on serving my country in some capacity and fighting for the lives that I believe in to make our country even greater.
Blade: And open service in the military is among them?
Murphy: Yes.
Federal Government
Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House
Andry Hernández Romero had asked for asylum in US
A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.
Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.
The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.
Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.
Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.
“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.”
Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.
‘Due process and accountability cannot be optional’
Immigrant Defenders Law Center on Friday also made the following demands:
- The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released.
- The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.
- DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.
- DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.
- Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.
“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.”
“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.”
The White House
Trump proclamation targets trans rights as State Dept. shifts visa policy
Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.
In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.
“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.
One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.
The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.
However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.
The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”
Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.
According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.
Florida
Fla. House passes ‘Anti-Diversity’ bill
Measure could open door to overturning local LGBTQ rights protections
The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.
The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.
Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”
The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.
“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.
The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.
But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.
“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.
But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”
The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”
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Gay Cameroonian immigrant will be freed from ICE detention — for now
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