National
Gay troops seek reinstatement through ‘Don’t Ask’ lawsuit
Lawsuit challenges constitutionality of gay ban

Mike Almy, a former Air Force officer, is among the plaintiffs seeking reinstatement in the military through a new 'Don't Ask' lawsuit. (Blade photo by Michael Key)
Three service members who are seeking a return to the U.S. armed forces after being discharged under “Don’t Ask, Don’t Tell” are the focus of a new lawsuit filed in a California federal court challenging the constitutionality of the military’s gay ban.
The lawsuit was filed Monday at the U.S. District Court for the Northern District of California by Servicemembers Legal Defense Network, among the groups leading the fight to end “Don’t Ask, Don’t Tell,” and Morrison & Foerster LLP, a legal firm based in San Diego, Calif.
The three plaintiffs are gay former service members who were expelled from the U.S. armed forces under the military’s gay ban: Mike Almy, an Air Force communications officer who was discharged in 2006; Anthony Loverde, an Air Force technician who was discharged in 2008; and Jason Knight, a Navy translator who was discharged in 2007.
In a Blade interview, Almy said he’s seeking reinstatement into the Air Force because he loves the armed forces and “spent his whole career serving the military” before being discharged after 13 years.
“I obviously don’t miss ‘Don’t Ask, Don’t Tell,’ but that aspect aside, I greatly love and miss the military and just can’t wait to go back in as an officer and a leader,” he said.
The litigation asks the court to employ the Witt standard established by the U.S. Ninth Circuit Court of Appeals as the basis for reinstating the three discharged service members.
The Witt standard came into being in 2008 after the Ninth Circuit ruled in the case of Witt v. Air Force that the U.S. government must show the presence of a gay service member in the armed forces is detrimental to unit cohesion before discharging him or her.
Additionally, the lawsuit asks the California federal court to strike down “Don’t Ask, Don’t Tell” on the grounds that the 1993 law violates gay service members’ freedom of speech and due process rights under the First and Fifth Amendments to the U.S. Constitution. In this respect, the litigation is similar to another lawsuit currently pending before the Ninth Circuit challenging “Don’t Ask, Don’t Tell”: Log Cabin Republicans v. United States.
Now that the litigation has been filed, the U.S. Justice Department has 60 days to respond to the complaint. The Obama administration has previously defended “Don’t Ask, Don’t Tell” in the courts and is expected to continue defending the statute against this lawsuit.
M. Andrew Woodmansee, a partner at Morrison & Foerster, said a case management conference for the litigation before a district court judge should take place in March. He said he’s not expecting a trial for this lawsuit, but instead, a ruling by summary judgment in summer 2011.
Woodmansee said it’s “virtually impossible” to predict whether the legislation would succeed at the district court level — or even the appellate court or U.S. Supreme Court level — but said he believes the lawsuit has a “very strong” chance of succeeding based on the strong military records of the plaintiffs seeking reinstatement.
“There are a lot of factors to consider, but I think this case is very strong because it’s also very simple in that sense we are looking at three individual service members who want nothing more than to go back and serve their country,” he said.
Repeal advocates have filed the lawsuit as legislation remains pending before the U.S. Senate that would lead to repeal of “Don’t Ask, Don’t Tell.” The legislation, sponsored by Sen. Joseph Lieberman (I-Conn.), as of Monday had 40 co-sponsors, according to the Human Rights Campaign, and is expected to come up for a vote during the lame duck session of Congress.
In a statement, Aubrey Sarvis, SLDN’s executive director, said the lawsuit is part of “an aggressive, far-reaching litigation strategy” that his organization is planning if Congress fails to repeal “Don’t Ask, Don’t Tell” this month.
“This dispute can be resolved by Congress or by the courts.” Sarvis said. “With this filing we put Congress on notice that a cadre of service members and our national legal team stand ready to litigate strategically around the country.”
If Congress doesn’t repeal “Don’t Ask, Don’t Tell,” Sarvis said SLDN plans to file another lawsuit early next year on behalf of young people who want to enter military service, but can’t because of the military’s gay ban, and a lawsuit for discharged service members who want to serve in the National Guard or the reserves.
While repeal advocates pursue both litigation and legislation as avenues to end “Don’t Ask, Don’t Tell,” the Obama administration has emphasized that congressional action and not action from the courts is the preferred way to the end the law. Defense Secretary Robert Gates has said a legislative end to “Don’t Ask, Don’t Tell” would provide adequate training time to implement open service in the U.S. armed forces.
On Monday, White House Press Secretary Robert Gibbs reiterated the point that the legislative route is the preferred way to end “Don’t Ask, Don’t Tell” in response to a question from the Washington Blade on the new lawsuit.
“One of the two entities — either Congress or the courts — is going to repeal or do away with ‘Don’t Ask, Don’t Tell,’” Gibbs said. “The best way to do it would be to do it through Congress. The House has passed that legislation, and it is clear that well more than a majority of U.S. senators believe that that’s the case as well.”
Woodmansee said he thinks legislative action should be taken on “Don’t Ask, Don’t Tell,” but added litigation remains an option should Congress be unable to finish the job.
“Throughout this country’s history, the courts stand ready to act when Congress doesn’t, and that’s what we’ve done here,” Woodmansee said. “We’ve been trying to effect a deal through the legislature, and if they won’t act, then we have no choice … but to go the courts and ask them to do their job, and that is provide a check as the third branch of government.”
California
Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’
Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot
Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and — fill out a ballot voting for Steve Hilton?
This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons.
Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community.
“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said.
The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”
Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies.
Conservatives have also criticized the ad.
Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors.
“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.”
The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court.
Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.
Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
Federal Government
Bessent says Trump chose him for his qualifications, not his sexuality
Treasury Secretary Scott Bessent talked with Axios about his sexuality — and how it played no role in his nomination for the position.
Treasury Secretary Scott Bessent participated in an interview in which he said his sexuality had no impact on the president’s selection of him.
On Sunday, Axios co-founder Mike Allen interviewed Secretary Bessent, the 79th person to lead the Treasury Department, in the “Cash Room” in the Treasury building. The two talked for more than 40 minutes about issues related to the current administration’s efforts for Axios’s YouTube channel.
Bessent has been something of an anomaly during this administration, breaking what many consider the “gay glass ceiling.” He is the first openly gay person to lead the U.S. Treasury Department, the first openly gay Senate-confirmed Cabinet member in a Republican administration, and the highest-ranking LGBTQ government official in U.S. history.
The two covered various ground — about the state of the U.S. economy, the various AI approaches by the Trump administration, and the war in Iran. All things that have made President Trump’s constant appraisal of the U.S. economy difficult to sell to the American people as the affordability crisis has worsened.
Toward the end of the interview, Allen asked Bessent about deciding not to attend the U.S. Naval Academy, knowing his sexuality would be a hindrance, and instead attending Yale University. Allen asked if his choice to attend the Ivy League school held him back in life.
“I don’t think it did at all, and it’s very difficult to talk about the counterfactual… but I don’t think going to Yale held me back,” Bessent said. “Maybe some people at other schools would think it might. But I think it makes you aware, and I’ve openly spoken about it before, too. I think maybe some of my career choices were influenced by it.”
The U.S. Naval Academy only began allowing openly LGBTQ students to apply — and be open about their sexuality — following the 2011 repeal of “Don’t Ask, Don’t Tell.” Prior to the policy’s removal, students could be removed from the school for violating the rules, including rules related to their sexuality.
“You said President Trump chose me because he believes I’m the best candidate, not because of my sexual preference or your green eyes…,” Allen said.
“Exactly,” Bessent replied. “And I think that’s one of the reasons we have such a great team. The president makes his decisions all the time. You know, he’ll occasionally tell me, ‘You’re breaking my friends’ hearts.’ They see you on TV and they want an intro, and we have to break the news to them.”
Bessent has been married to former New York prosecutor John Freeman since 2011, and they have lived together in South Carolina. There, they had two children through surrogacy.
Despite being a member of the LGBTQ community, Bessent has publicly supported Trump’s policies, including some that have drawn criticism from LGBTQ advocates and organizations. These include reductions to PEPFAR funding, policies removing transgender service members from the military, recognizing only two sexes, removing LGBTQ protections from Title IX, and other policies that LGBTQ advocates argue come at the cost of LGBTQ safety and protections.
The Washington Blade has reached out to the Treasury Department and Secretary Bessent’s team for comment and responses to these questions, including questions about how he views his identity and sexuality in relation to — and potentially at odds with — the policies and mission of the current administration. The Blade did not receive a response by publication time.
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