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Obama to end ‘Don’t Ask’ this year

Pledges to implement repeal in State of the Union address

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President Obama (Blade photo by Michael Key).

President Obama earned praise from many LGBT advocates on Tuesday for pledging during his State of the Union address to implement an end to “Don’t Ask, Don’t Tell” before the year is out.

In his speech, Obama observed that members of the U.S. military come from “every corner of this country” and are black, white, Christian, Jewish and Muslim.

“And, yes, we know that some of them are gay,” Obama said. “Starting this year, no American will be forbidden from serving the country they love because of who they love.”

In the House chamber, where Obama delivered the speech before a joint session of Congress, lawmakers reacted to the remarks largely along party lines — with Democrats applauding the comments and Republicans taking no action.

Among those who stood as they applauded were House Minority Leader Nancy Pelosi (D-Calif.) and Sen. Joseph Lieberman (I-Conn.), who were both seen as key in pushing forward legislation allowing for repeal of “Don’t Ask, Don’t Tell” last year.

Notably, Sen. John McCain (R-Ariz.), the leading opponent in the U.S. Senate last year of repealing the military’s gay ban, also applauded following Obama’s remarks on “Don’t Ask, Don’t Tell.”

The president’s remarks suggested that he will issue certification for repeal of “Don’t Ask, Don’t Tell” before the end of the year. Under the law Obama signed on Dec. 22, repeal won’t take effect until he, the defense secretary and the chairman of the Joint Chiefs of Staff certify the U.S. military is ready for repeal.

Asked via e-mail to clarify whether the remarks indeed mean Obama is committed to issuing certification before the year is out, Shin Inouye, a White House spokesperson, confirmed that indeed is the president’s plan.

In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization is “pleased” the president expects that gays will be able to serve openly in the U.S. military by the end of the year.

“In fact, we think there should be certification from the president, Secretary Robert Gates and JCS Chairman Michael Mullen in this quarter,” Sarvis said. “We need to make ‘Don’t Ask’ repeal a reality sooner rather than later.”

Obama immediately followed his remarks on allowing gays to serve in the military by stating that the time has come for colleges to allow military recruiters and ROTC programs back on campus. Some schools had prohibited the military from recruiting on campus because “Don’t Ask, Don’t Tell” conflicts with their non-discrimination policies.

“And with that change, I call on all our college campuses to open their doors to our military recruiters and ROTC,” Obama said. “It is time to leave behind the divisive battles of the past. It is time to move forward as one nation.”

But Mara Keisling, executive director of the National Center for Transgender Equality, said schools with non-discrimination policies protecting LGBT people should continue prohibiting the military from coming to campus — even after repeal of “Don’t Ask, Don’t Tell” — because openly transgender people still aren’t allowed in the armed forces.

“Students on campuses like Stanford and Harvard have already pointed out that the repeal of this policy, while an improvement, still does not allow transgender people to serve openly or to join the military,” she said. “We support the organizing efforts of students on those campuses and others in continuing to advocate for the exclusion of the military from their campuses as long as the military continues to discriminate.”

Obama mentioned other initiatives during his speech that were welcome news for LGBT advocates — even though they weren’t specifically LGBT-related — because they represented opportunities to pass pro-gay legislation.

During his address, the president said he “strongly believe[s]” Congress should “take on” the issue of illegal immigration and renewed his call for the passage of comprehensive immigration reform.

“I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws and address the millions of undocumented workers who are now living in the shadows,” he said. “And let’s stop expelling talented, responsible young people who could be staffing our research labs or starting a new business, who could be further enriching this nation.”

Passage of immigration reform could present an opportunity to include the Uniting American Families Act — legislation that would end restrictions prohibiting bi-national same-sex couples from staying together in the United States.

Steve Ralls, spokesperson for Immigration Equality, said “it’s good to hear” that immigration remains a priority for the administration.

“It is an issue where there is room for bi-partisan agreement,” Ralls said. “I think on both sides of the political aisle, there’s recognition that comprehensive immigration reform needs to be tackled.”

Ralls said a UAFA-inclusive comprehensive immigration reform bill “does provide the best opportunity to move UAFA forward” in Congress.

Also during his speech, Obama expressed his desire to renew education laws that are currently on the books, which could present Congress the opportunity to pass the Student Non-Discrimination Act or the Safe Schools Improvement Act.

Obama said the Bush-era No Child Left Behind law should be replaced “with a law that’s more flexible and focused on what’s best for our kids.”

“You see, we know what’s possible from our children when reform isn’t just a top-down mandate, but the work of local teachers and principals, school boards and communities,” he said.

Passage of federal anti-bullying legislation received renewed attention late last year in the wake of a rash of suicides of gay teens who reportedly took their own lives after they had been bullied.

Despite Obama’s call to update federal education laws, Eliza Byard, executive director of the Gay, Lesbian and Straight Education Network, said she’s disappointed the president didn’t explicitly address bullying in his speech.

“It was disappointing to hear nothing about the need for schools to foster a culture of respect amid all the talk of high standards and in the wake of seismic waves of tragedy for our community last fall,” Byard said. “Students can’t achieve, innovate and graduate if they’re scared to go to school, and we all lose if they grow up in a culture where difference is despised.”

Other LGBT rights supporters also expressed disappointment that Obama didn’t go further in his speech to address other issues, such as employment non-discrimination and marriage rights.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said Obama shouldn’t settle on repeal of “Don’t Ask, Don’t Tell” as the final accomplishment for the LGBT community.

“If the president is truly serious about job creation and boosting America’s economic well-being, he must provide leadership and action in helping to pass employment protections for lesbian, gay, bisexual and transgender people and ending the costly and unjust federal marriage ban,” Carey said.

But the president’s State of the Union address predominantly focused on spurring job growth through education and infrastructure improvements as well as deficit reduction by cutting federal government programs.

“Our free enterprise system is what drives innovation,” Obama said. “But because it’s not always profitable for companies to invest in basic research, throughout our history, our government has provided cutting-edge scientists and inventors with the support that they need. That’s what planted the seeds for the Internet. That’s what helped make possible things like computer chips and GPS.”

Obama called this time for the country a “Sputnik moment,” recalling how even though the Soviet Union launched the first person into space in the 1950s, the United States was able to beat Russia in the space race by landing the first person on the moon.

In an online video response to the State of the Union address, lesbian Rep. Tammy Baldwin (D-Wis.) said the president “put out a challenge not just to compete to the global marketplace, but to win.”

“We know that in order to do that, we need to have the best educated workforce, the most innovative scientists and the most creative entrepreneurs,” Baldwin said. “I’m excited about this challenge because I know we can do it — and I plan on bringing some great Wisconsin ideas to the table as we respond to this challenge.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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