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Gates working to implement ‘Don’t Ask’ repeal

No timeline, but ‘this is high on his agenda’

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Senior Defense Department officials are already working toward implementing “Don’t Ask, Don’t Tell” repeal, according to the Pentagon.

“This is high on [Defense Secretary Robert Gates’] agenda, and his senior staff is focused on it this week,” said Eileen Lainez, a Pentagon spokesperson, via e-mail to the Blade.

On Dec. 22, President Obama signed legislation allowing for repeal of the 17-year-old law banning open gays from serving in the U.S. military.

But repeal won’t take effect until the president, the defense secretary and the chairman of the Joint Chiefs of Staff issue certification that the armed forces are ready for an end to “Don’t Ask, Don’t Tell.” There is no set time for when this certification would take place, and the Obama administration hasn’t issued a timetable for when it might happen.

Additionally, after certification is issued, a 60-day waiting period for congressional review must take place before gays can serve openly in the U.S. military without fear of discharge.

Lainez said Undersecretary of Defense for Personnel and Readiness Clifford Stanley is working with the military service branches, the Joint Chiefs of Staff and the combatant commands throughout the process for repeal.

“Planning for successful repeal includes reviewing and revising policies and directives, establishing education and training materials, developing integrated communication plans and obtaining feedback throughout the process,” Lainez said.

Capt. John Kirby, spokesperson for Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, said the Pentagon is working through issues of implementation and certification. He said no final decisions have been made and he couldn’t offer further comment about Mullen’s plan for issuing certification.

A White House spokesperson deferred comment to the Defense Department on questions for when the president would issue certification. In an interview last month with the Advocate, President Obama predicted that certification for repeal would happen in “a matter of months.”

Aaron Belkin, director of the Palm Center, said implementation of “Don’t Ask, Don’t Tell” repeal shouldn’t be a long process because the Pentagon already established a policy to allow gays to serve openly in the military when a California federal court in October issued an injunction that temporarily enjoined enforcement of the law.

“Although they haven’t acknowledged this in public, the replacement regulations have already been written, and so the Pentagon could easily repeal the ban today if there was the political will,” Belkin said.

Belkin said lessons learned from foreign countries that have lifted their bans on gays in the military show two things are necessary for repeal: strong leadership and a set of rules that apply to everyone without mentioning sexual orientation.

“The commander-in-chief has said the policy hurts the military and research has also shown that there’s no advantage to the policy and that it’s easy to change,” Belkin said.

Michael Cole-Schwartz, a Human Rights Campaign spokesperson, said his organization foresees a similarly expeditious path for implementing repeal.

“President Obama, in his public statement and in his commitments to us, has said that he does not want this to be a drawn out process,” Cole-Schwartz said. “Our advocacy for the Pentagon and the White House is going to be for them to keep that commitment.”

Belkin said he suspects opposition to repeal from some military service chiefs — Army Chief of Staff Gen. George Casey, Marine Corps Commandant Gen. James Amos and Air Force Chief of Staff Gen. Norton Schwartz — could slow the process for certification. Chief of Naval Operations Adm. Gary Roughead has said he supports repeal.

“Casey in particular is leaving soon and doesn’t want to be known as the Army chief of staff who let gays in on his watch,” Belkin said. “The foot-dragging is not about some sincere or legitimate sense that the troops need to be trained on how to deal with gays; it’s because they don’t want to be around when the policy happens.”

One lingering question about certification is whether Gates would remain in his role as defense secretary when certification takes place. The defense secretary has said he intends to retire sometime this year, although the specific date hasn’t yet been announced.

Belkin said he doesn’t think Gates would retire as defense secretary before he certifies repeal as “a matter of personal, professional pride for him to get this done on his watch.”

“It’s hard for me to believe that he will walk away from the process without finishing it,” Belkin said. “That’s not because I know anything from the inside, but just kind of triangulating the little pieces of insight here and there.”

Gates has said he wouldn’t certify repeal until training for open service has been implemented and he feels the service chiefs are comfortable moving forward.

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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