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DOJ appeals lesbian Air Force officer’s reinstatement

But Witt able to resume service in U.S. military

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The Obama administration is appealing a federal district court’s decision to reinstate back into the U.S. Air Force a lesbian nurse who was discharged under “Don’t Ask, Don’t Tell.”

On Tuesday, the U.S. Justice Department filed an appeal notice with the U.S. Ninth Circuit Court of Appeals asking the appellate body to reconsider a decision by a Washington State district court to allow Maj. Margaret Witt back into the Air Force.

The three-page notice gives no explanation for why the Obama administration is appealing Witt v. Air Force and simply states that “notice is hereby given” that the Justice Department has made the filing.

In September, U.S. District Court Judge Ronald Leighton ruled that Witt, who was discharged in 2006 after serving in the Air Force for 19 years as a flight nurse, should be allowed back into the military.

White House Press Secretary Robert Gibbs said in a statement the administration filed the appeal as it “traditionally does when acts of Congress have been held unconstitutional,” but said this filing “in no way diminishes” President Obama’s commitment to repealing “Don’t Ask, Don’t Tell” legislatively this year.

“Indeed, it clearly shows why Congress must act to end this misguided policy,” Gibbs added.

Gibbs said the president and administration officials “have been working with the Senate” to move forward during the lame duck session with passage of the fiscal year 2011 defense authorization bill, which contains repeal language.

But Jon Davidson, legal director for Lambda Legal, blasted the Obama adminstration for appealing to a higher court the decision to reinstate Witt.

“Notwithstanding President Obama’s concession that the military’s current anti-gay policies are hurting national security, his administration is continuing to pursue the discharge of a decorated officer who did not ‘tell,’ who would not have even been investigated under the military’s current guidelines, and whose discharge has been found not to promote unit cohesion or morale,” Davidson said.

Davidson called the decision to appeal the district court’s ruling — in addition to not suspending discharges pending review of “Don’t Ask, Don’t Tell — a “significant failure on the part of our nation’s Commander in Chief.”

Doug NeJaime, who’s gay and a law professor at Loyola Law School, said he thinks the decision to appeal the Witt ruling is consistent with the Obama administration’s decision to appeal U.S. District Court Judge Virginia Phillip’s recent ruling that struck down “Don’t Ask, Don’t Tell.”

“So just as the government is appealing the substance of Judge Philip’s decision …, the government is appealing the substantive decision here as well,” NeJaime said.  “While disappointing, it is in some ways consistent with the appeal in Log Cabin Republicans.”

In a statement, Witt said she’s “thrilled” to be able to resume her service in the Air Force and said the people in her unit “are like family members.”

“Thousands of men and women who are gay and lesbian honorably serve this country in our military,” she said. “Many people forget that the U.S. military is the most diverse workforce in the world — we are extremely versed in adaptation.”

According to the ACLU of Washington, which represented Witt in the litigation, Witt will be the first openly gay person to serve in the military due to a court order.

NeJaime said he thinks the Obama administration’s decision not to seek a stay on Witt’s reinstatement as it appeals the case is the result of pressure to repeal “Don’t Ask, Don’t Tell.”

“Given all the pressure on the administration in light of the failed attempts to repeal [‘Don’t Ask, Don’t Tell’], it seems appropriate that the government would not seek to prevent Major Witt’s service pending appeal,” NeJaime said.

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Federal Government

HRC memo details threats to LGBTQ community in Trump budget

‘It’s a direct attack on LGBTQ+ lives’

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President Donald Trump (Washington Blade photo by Michael Key)

A memo issued Monday by the Human Rights Campaign details threats to LGBTQ people from the “skinny” budget proposal issued by President Donald Trump on May 2.

HRC estimates the total cost of “funding cuts, program eliminations, and policy changes” impacting the community will exceed approximately $2.6 billion.

Matthew Rose, the organization’s senior public policy advocate, said in a statement that “This budget is more than cuts on a page—it’s a direct attack on LGBTQ+ lives.”

“Trump is taking away life-saving healthcare, support for LGBTQ-owned businesses, protections against hate crimes, and even housing help for people living with HIV,” he said. “Stripping away more than $2 billion in support sends one clear message: we don’t matter. But we’ve fought back before, and we’ll do it again—we’re not going anywhere.”

Proposed rollbacks or changes at the U.S. Department of Health and Human Services will target the Ryan White HIV/AIDS Program, other programs related to STI prevention, viral hepatitis, and HIV, initiatives housed under the Substance Abuse and Mental Health Services Administration, and research by the National Institutes of Health and Agency for Healthcare Research and Quality.

Other agencies whose work on behalf of LGBTQ populations would be jeopardized or eliminated under Trump’s budget include the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, the U.S. Small Business Administration, and the U.S. Department of Education.

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U.S. Supreme Court

Supreme Court allows Trump admin to enforce trans military ban

Litigation challenging the policy continues in the 9th Circuit

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Tuesday allowed the Trump-Vance administration to enforce a ban on transgender personnel serving in the U.S. Armed Forces pending the outcome of litigation challenging the policy.

The brief order staying a March 27 preliminary injunction issued by the U.S. District Court for the Western District of Washington notes the dissents from liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

On the first day of his second term, President Donald Trump issued an executive order requiring Secretary of Defense Pete Hegseth to effectuate a ban against transgender individuals, going further than efforts under his first administration — which did not target those currently serving.

The DoD’s Feb. 26 ban argued that “the medical, surgical, and mental health constraints on individuals who have a current diagnosis or history of, or exhibit symptoms with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service.” 

The case challenging the Pentagon’s policy is currently on appeal before the U.S. Court of Appeals for the Ninth Circuit. The lead plaintiff is U.S. Navy Commander Emily Shilling, who is joined in the litigation by other current transgender members of the armed forces, one transgender person who would like to join, and a nonprofit whose members either are transgender troops or would like to be.

Lambda Legal and the Human Rights Campaign Foundation, both representing the plaintiffs, issued a statement Tuesday in response to the Supreme Court’s decision:

“Today’s Supreme Court ruling is a devastating blow to transgender servicemembers who have demonstrated their capabilities and commitment to our nation’s defense.

“By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice.

“Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.”

U.S. Solicitor General D. John Sauer noted that courts must show “substantial deference” to DoD decision making on military issues.

“The Supreme Court’s decision to allow the military ban to go into effect is devastating for the thousands of qualified transgender servicemembers who have met the standards and are serving honorably, putting their lives on the line for their country every single day,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Today’s decision only adds to the chaos and destruction caused by this administration. It’s not the end of the case, but the havoc it will wreak is devastating and irreparable. History will confirm the weight of the injustice done today.”

“The Court has upended the lives of thousands of servicemembers without even the decency of explaining why,” said NCLR Legal Director Shannon Minter. “As a result of this decision, reached without benefit of full briefing or argument, brave troops who have dedicated their lives to the service of our country will be targeted and forced into harsh administrative separation process usually reserved for misconduct. They have proven themselves time and time again and met the same standards as every other soldier, deploying in critical positions around the globe. This is a deeply sad day for our country.”

Levi and Minter are the lead attorneys in the first two transgender military ban cases to be heard in federal court, Talbott v. Trump and Ireland v. Hegseth.

U.S. Rep. Mark Takano (D-Calif.) issued a statement on behalf of the Congressional Equality Caucus, where he serves as chair.

“By lifting the lower court’s preliminary injunction and allowing Trump to enforce his trans troop ban as litigation continues, the Supreme Court is causing real harm to brave Americans who simply want to serve their nation in uniform.

“The difference between Donald Trump, a draft dodger, and the countless brave Americans serving their country who just happen to be trans couldn’t be starker. Let me be clear: Trump’s ban isn’t going to make our country safer—it will needlessly create gaps in critical chains of military command and actively undermine our national security.

“The Supreme Court was absolutely wrong to allow this ban to take effect. I hope that lower courts move swiftly so this ban can ultimately be struck down.”

SPARTA Pride also issued a statement:

“The Roberts Court’s decision staying the preliminary injunction will allow the Trump purge of transgender service members from the military to proceed.

“Transgender Americans have served openly, honorably, and effectively in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.

“Every court up to now has found that this order is unconstitutional. Nevertheless, the Roberts Court – without hearing any evidence or argument – decided to allow it to go forward. So while the case continues to be argued, thousands of trans troops will be purged from the Armed Forces.

“They will lose their jobs. They will lose their commands, their promotions, their training, pay and benefits, and time. Their units will lose key players; the mission will be disrupted. This is the very definition of irreparable harm.”

Imara Jones, CEO of TransLash Media, issued the following statement:

“The Supreme Court’s decision to uphold Trump’s ban on transgender soldiers in the military, even as the judicial process works its way through the overall question of service,  signals that open discrimination against trans people is fair game across American society.

“It will allow the Trump Administration to further advance its larger goal of  pushing trans people from mainstream society by discharging transgender military members who are currently serving their country, even at a time when the military has struggled recently  to meet its recruiting goals.

“But even more than this, all of my reporting tells me that this is a further slide down the mountain towards authoritarianism. The hard truth is that governments with authoritarian ambitions have to  separate citizens between who is worthy of protection and who’s not. Trans people are clearly in the later category. And this separation justifies the authoritarian quest  for more and more power. This  appears to be what we are witnessing here and targeting trans people in the military is  just a means to an end.”

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Federal Government

Trump admin cancels more than $800 million in LGBTQ health grants

As of early May, half of scrapped NIH grants were LGBTQ focused

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President Donald Trump (Washington Blade photo by Michael Key)

The Trump-Vance administration has cancelled more than $800 million in research into the health of sexual and gender minority groups, according to a report Sunday in The New York Times.

The paper found more than half of the grants through the National Institutes of Health that were scrapped through early May involved the study of cancers and viruses that tend to affect LGBTQ people.

The move goes further than efforts to claw back diversity related programs and gender affirming care for transgender and gender diverse youth, implicating swaths of research by institutions like Johns Hopkins and Columbia along with public universities.

The Times notes that a $41 million cut impacting Florida State University will stall “a major effort to prevent HIV in adolescents and young adults, who experience a fifth of new infections in the United States each year.”

A surge of federal funding for LGBTQ health research began under the Obama-Biden administration and continued since. Under his first term, Trump dedicated substantial resources toward his Ending the HIV Epidemic in the United States initiative.

Cuts administered under the health secretary appointed in his second term, Robert F. Kennedy Jr., have put the future of that program in question.

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