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GOP senators push back on ‘Don’t Ask’ report

McCain criticizes questions, response rate of survey

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Sens. John McCain and Jim Inhofe were critical of the ‘Don’t Ask, Don’t Tell” report during the hearing (Blade photo by Michael Key).

Republican senators during a hearing on Thursday attempted to undermine a recently released Pentagon report on “Don’t Ask, Don’t Tell” repeal by questioning the study’s conclusions and methodology.

The GOP senators raised their concerns and criticism during a hearing that marked the first day of two days of scheduled testimony on the Pentagon working group’s report on “Don’t Ask, Don’t Tell,” which was made public earlier this week by the Defense Department.

Pentagon leaders — as well as LGBT advocates — in turn rebuked or attempted to alleviate these concerns from Republican senators.

Testimony came from Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen as well as both co-chairs of the Pentagon working group report: Pentagon general counsel Jeh Johnson and Gen. Carter Ham, commander of U.S. Army Europe.

The witnesses endorsed the Pentagon report and its findings pave a way for the Defense Department to institute a end to “Don’t Ask, Don’t Tell” if Congress repeals the statute. The defense officials urged senators to take action to repeal the law.

In his opening statement, Mullen said the Pentagon report backs his earlier testimony from February in which he said he personally believes gays should serve openly in the U.S. military.

“I am convinced that repeal of the law governing ‘Don’t Ask, Don’t Tell’ is the right thing to do,” Mullen said. “Back in February, when I testified to this sentiment, I also said that I believed the men and women of the armed forces could accomodate such a change. But I did not know it for a fact. Now, I do.”

But Sen. John McCain (R-Ariz.), a leading opponent of “Don’t Ask, Don’t Tell” repeal in the Senate, attempted to poke holes in the report during the hearing.

One of the Arizona senator’s main concerns was that the surveys sent out to 400,000 service members as part of the report — which were returned by about 115,000 respondents — didn’t ask troops whether they favored a change in “Don’t Ask, Don’t Tell” and instead focused on an implementation of repeal.

“What I want to know and what it is that Congress is going to be determining is not can our armed forces implement a repeal of this law, but whether the law should be repealed,” McCain said. “Unfortunately, that key issue was not the focus of the study.”

McCain also argued that the limited number of troops who responded to the survey — around 28 percent — brings the results into question.

“That’s almost six percent of the force at large,” McCain said. “I find it hard to view that that is a fully representative sample set.”

Sen. Scott Brown (R-Mass.) also expressed concerns about the return rate on the surveys and recalled troops’ reaction in May when Congress had taken the initial steps to repeal “Don’t Ask, Don’t Tell” before the questionnaire was distributed.

“Halfway through the process when we took certain actions, they felt it was a done deal and as a result they didn’t participate in the survey,” Brown said. “Twenty-eight percent does not seem like a high number of participation.”

But Ham said the 28 percent response rate is well within the norm for previous surveys for military personnel.

“I’m comfortable that the response rate overall is within norms and probably more importantly, senator, that each category that can be analyzed has a statistically significant number of responses,” Ham said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, later rebuked the McCain’s point that service members should be polled on whether they want to repeal “Don’t Ask, Don’t Tell.”

“That would be a dangerous precedent to set irrespective of how you feel about ‘Don’t Ask, Don’t Tell,'” Sarvis said. “That has never been done on any major personnel policy initiative that the military has undertaken. Never.”

Sarvis also pushed back on claims that 28 percent response rate on the survey was insufficient as he maintained the number represented “an extraordinary response rate.”

“As a matter of fact, I think … most pollsters would gratified by such a response,” Sarvis said.

Sen. Susan Collins (R-Maine) said during her questioning that although the direct question isn’t directly asked, the survey does have information on whether troops would support a repeal of “Don’t Ask, Don’t Tell.”

“Given the extensive feedback that the authors of the report and the task force did and that they received from tens of thousands of service members in the forms of survey responses, e-mails, and town hall meetings, the report, in fact, does convey a sense of what service members think about repeal of the law, even if a direct question was not included in the survey,” Collins said.

The Maine senator voted for a “Don’t Ask, Don’t Tell” repeal amendment when it before the committee in May, but angered many LGBT advocates in September when she voted with the Republican caucus to prevent “Don’t Ask, Don’t Tell” legislation from coming to the Senate floor over what she said was a lack of a fair amendment process.

While attacking the methodology of the report, McCain also used information in the study in his effort to derail legislative efforts to repeal “Don’t Ask, Don’t Tell.”

The Arizona senator noted the survey accompanying the report found that between 40 to 60 percent of service members serving in the Marine Corps as well as combat arms specialties predicted a negative impact of repeal.

“I remain concerned as I have in the past — and is demonstrated in this study — that the closer we get to service members in combat, the more we encounter concerns about whether ‘Don’t Ask, Don’t Tell’ should be repealed and what impact that would have on the ability of these units to perform their mission,” McCain said.

During the hearing, Gates predicted this opposition could be overcome. The defense secretary said with “proper time for preparation, for training” concerns among these groups would be mitigated.

For the example of Marines in combat arms specialties, Gates noted that many of these service members are under 25 years old.

“Most of them have never served with women either, and so they’ve had a very focused, very limited experience in the military … but I think that with time and adequate preparation, we can mitigate their concerns,” Gates said.

McCain also noted that 12.6 percent of survey responders — which he said translates into 264,600 service members — said they’d leave the U.S. military sooner than they had planned if “Don’t Ask, Don’t Tell” is repealed.

Sen. James  Inhofe (R-Okla.) also expressed concerns about the effect of lifting “Don’t Ask, Don’t Tell” on what he said is historic levels of retention in the U.S. military as he said, “If it ain’t broke, don’t fix it.”

“Right now, we have probably the best retention and recruitment percentages, over 100 percent, in everywhere except, I think, just the Army guard, and there’s other reasons for that,” Inhofe said. “There is some concern to me about how this would affect that.”

Gates said the experience of foreign militaries who have lifted their gay ban has been that number of people who actually quite the force was “far smaller” than those who threatened to leave.

“As far as the force as a whole, I don’t think any of us expect that the numbers would be anything like what the survey suggests,” Gates said.

Gates also noted the service members couldn’t immediately leave the armed services because they’re contractually obligated to continue to duration of their service.

At the start of the hearing, when Senate Armed Services Committee Chair Carl Levin (D-Mich.) said each committee member would have five minutes for questioning, McCain objected and said if only that time was allowed, another hearing would be necessary.

Gates said he could extend the time he could testify before the committee for another half-hour, and Levin extended the questioning time for senator to six minutes each.

Notably, after complaining that five minutes wasn’t enough time to question Gates, McCain used some of his time to question Pentagon leaders about the impact of the leaked information regarding U.S. foreign policy on Wikileaks.

Some of the strongest support for repealing “Don’t Ask, Don’t Tell” during the hearing came from conservative Democrats who are known for often riling their party’s base, including Sen. Ben Nelson (D-Neb.).

“To me, the issue seems to be not whether to allow gays to serve in the military, but whether to allow them to serve openly,” Nelson said. “Permitting them to serve, but not openly, undermines the basic values of the military: honesty, integrity and trust. When that’s undermined anywhere, it’s undermined everywhere.”

Sen. Jim Webb (D-Va.), who has heretofore opposed repeal efforts, praised the report and disputed assertations from Republicans that the study and survey wasn’t useful as a guide to repeal.

“It’s a 345-page report, 115,000 respondents, and, most importantly, this was done without politicizing men and women in uniform, which is vitally important in our society,” Webb said. “I would like to say that this report is probably the most crucial piece of information that we have in terms of really, objectively moving forward in order to address the law.”

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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New York

Gay ICE detainee freed after 150 days in detention

Cayman Islands native taken into custody before green card interview

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Allan Marrero, left, and Matthew Marrero (Photo courtesy of Middle Church)

Following nearly half a year in U.S. Immigration and Customs Enforcement detention, Allan Marrero has been released and is back home with his husband in New York.

Marrero spent 150 days in ICE custody, held in multiple detention centers across the U.S. after missing an immigration court hearing while in a rehabilitation program for alcohol addiction — a circumstance widely considered “good cause” for failing to appear.

The Washington Blade first reported on Marrero’s case in March after the Cayman Islands native was detained by ICE officers during what was supposed to be a routine marriage-based green card interview at 26 Federal Plaza in New York City.

Marrero had been married to his husband, Matthew Marrero, for two years at the time of the interview. But almost immediately, the experience turned hostile.

The Rev. Amanda Hambrick Ashcraft, a minister at Middle Church in Manhattan who accompanied the couple to provide spiritual support, later described the process as “dehumanizing” and “barbaric.”

During the interview, it became clear the couple was facing an uphill battle. At one point, when asked how they met, Matthew Marrero instinctively looked over at his husband and was “snapped at” and told not to look at him. As the interview continued, the outlook only grew more grim.

Unaware that he had a prior removal order tied to the missed court date while he was in rehab, Allan Marrero was detained on the spot.

Over the following months, Allan Marrero was transferred through multiple detention facilities, including centers in Arizona and Texas, the Everglades Detention Facility — also known as “Alligator Alcatraz,” which has been described as having “unsanitary inadequate conditions” — and ultimately a detention center in Mississippi.

While in custody, Allan Marrero was denied access to prescription medication and, according to advocates, was psychologically pressured by ICE agents to self-deport rather than remain detained while his legal case proceeded.

Although a judge later reopened his case and granted bond after Allan Marrero provided proof that he had been in rehab — a valid medical reason for missing his court date — ICE used procedural mechanisms to keep him detained. A separate judge later issued a ruling denying relief, leaving Allan Marrero in custody.

On the outside, Matthew Marrero said his life felt as though it had been put on pause so ICE could meet enforcement quotas.

“[It feels like] somebody came in and kidnapped someone close to you and took away all of your control and power,” Matthew Marrero told the Blade on March 7. “You shouldn’t be able to have this much control over somebody’s life, especially if they are trying to do the right thing … You’re not going after criminals, you’re not going after the worst of the worst. You’re trying to fill a quota.”

Alexandra Rizio, Allan Marrero’s attorney with Make the Road New York, a progressive grassroots immigrant-led organization, told the Blade that “there seems to be an underlying element of cruelty baked into not only this administration, but everything.”

“It didn’t have to go down that way,” Rizio continued. “If someone goes in for a green card interview and their marriage interview, and they learn that they have a removal order, what the USCIS officer could have done is say, ‘Look, you have a removal order in your name. You need to go hire an attorney right away to get this taken care of. I can’t adjudicate your green card…’ And if you hire a lawyer, you know, you might be able to get it straightened out. Of course, that’s not what happened. And so ICE, which was in the building, were called and they did arrest Allan.”

The Marreros are scheduled to hold a press conference on Tuesday at Middle Church, where Allan Marrero will speak publicly for the first time about his detention.

For additional information on the press conference please visit middlechurch.org

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