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Pressure builds on Obama to address “Don’t Ask” in State of the Union

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President Obama is facing increased pressure from opponents of “Don’t Ask, Don’t Tell” to address how he’ll tackle his pledge to overturn the law in his upcoming State of the Union speech.

Those seeking end the 1993 law banning gays from serving openly in the U.S. military are looking to Obama to discuss on Wednesday his plans for overturning the ban this year.

Alex Nicholson, executive director of Servicemembers United, said he’s received “strong indications” that Obama will address “Don’t Ask, Don’t Tell” in his speech, but said he doesn’t believe the president “will go as far as some in our community would like.”

“There is some strategic risk involved in mentioning ‘Don’t Ask, Don’t Tell’ in the State of the Union address, but its inclusion will send a strong message that the White House is still serious about taking on the issue this year,” Nicholson said.

The Human Rights Campaign declined to comment on whether the inclusion of “Don’t Ask, Don’t Tell” in the State of the Union address prior to Obama’s speech.

On Wednesday, two prominent opponents of “Don’t Ask, Don’t Tell” — Sen. Kirsten Gillibrand (D-N.Y.) and former Chairman of the Joint Chiefs of Staff Gen. John Shalikashvili — issued a joint statement through the senator’s office reiterating their belief that now is the time for overturning the law.

Shalikashvili said a country “built on the principle of equality” should embrace “change that will build a stronger, more cohesive military.”

“It is time to repeal ‘Don’t Ask, Don’t Tell’ and allow our military leaders to create policy that holds our service members to a single standard of conduct and discipline,” he said.

Gillibrand was similarly critical of the ban and called it “an unjust, outdated and harmful rule that violates the civil rights of some of our bravest, most heroic men and women.”

“I’ve been working with my colleagues in Congress and other leaders to overturn this wasteful and destructive policy,” she said. “I am hopeful that President Obama will make this a top priority.”

Whether or not President Obama will address “Don’t Ask, Don’t Tell” during his State of the Union speech remains uncertain, although there are signs he will include it in his address.

On Monday, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters he had postponed a hearing on the issue initially set for this month because he was told Obama may talk about the ban in his State of the Union address.

And White House Press Secretary Robert Gibbs said during a press conference on Tuesday that discussions are underway about including plans for “Don’t Ask, Don’t Tell” in the speech.

The Palm Center, a think-tank for gays in the military at the University of California, Santa Barbara, on Tuesday issued an analysis on several ways that Obama could discuss “Don’t Ask, Don’t Tell” during the State of the Union address.

Christopher Neff, deputy executive director for the Palm Center, said in a statement the speech presents Obama with “the opportunity to announce the end of one of the most notorious policies of federal discrimination left standing in the United States.”

In one option outlined by the Palm Center, Obama could offer a legislative strategy to repeal “Don’t Ask, Don’t Tell.” The president could endorse standalone legislation that would overturn the law or announce he’ll include such language in the defense spending request he’ll send to Congress next month.

“This position would represent significant, but likely incremental, change,” the Palm Center states. “Repeal legislation faces hurdles to passage in 2010, but the President will have taken a major step forward with the base bill inclusion.”

Obama could also announce plans to change the execution of “Don’t Ask, Don’t Tell” administratively without an act from Congress, which would likely involve giving Defense Secretary Robert Gates additional discretion in implementing the policy in a way that would reduce discharges, according to the Palm Center.

“Under this calculus, there will not be any votes in the House or Senate on repeal in 2010,” the Palm Center states. “The judgment is that it is too difficult for many moderates and this likely means that repeal will not be included in the Defense Authorization base bill from the Pentagon.”

The third option for Obama in addressing “Don’t Ask, Don’t Tell,” according to the Palm Center, would be mentioning the law in passing or announcing support from military leaders without putting forward an affirmative strategy.

“This would represent the least embraced of the three potential options,” the Palm Center states.

Neff also suggested in the statement that how Obama addresses “Don’t Ask, Don’t Tell” during his State of the Union speech will set for tone for how Congress would handle hearings for the defense budget after the president’s request is made public.

Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen are set to give testimony on the fiscal year 2011 defense budget request on Tuesday in the Senate Armed Services Committee.

Bryan Thomas, spokesperson for the committee, said the hearing on the budget request isn’t in lieu of the “Don’t Ask, Don’t Tell” hearing initially set for January, but said it’s possible senators “will choose to ask” Mullen and Gates about the law.

Also bolstering pressure on Obama to announce his plans for “Don’t Ask, Don’t Tell” is a new report from the Williams Institute, a think-tank on sexual orientation at the University of California. The brief details the number of gays in the military and the cost of replacing them after they’ve been discharged under the ban.

Gary Gates, senior research fellow at the Williams Institute and study author, said in a statement that statistical information from the U.S. government shows gay, lesbian and bisexual Americans have a presence in the military.

“Despite official policy requiring that lesbians, gay men, and bisexuals remain silent about their sexual orientation, data from the U.S. Census Bureau suggest that an estimated 66,000 LGB men and women are serving in the U.S. military,” he said.

These 66,000 service members account for about 2.2 percent of military personnel, according to the Williams Institute. Of these troops, about 13,000 serve on active duty, constituting 0.9 percent of all active duty personnel, and nearly 53,000 serve in the National Guard and reserve forces, the study found.

The Williams Institute also found “Don’t Ask, Don’t Tell” has cost the federal government between $290 million and more than a half a billion dollars since its inception and that replacing discharged service members under the ban costs between $22,000 to $43,000 for each person.

Gates said ending “Don’t Ask, Don’t Tell” will “save a substantial amount of taxpayer dollars since estimates suggest that the policy has cost more than half a billion dollars.”

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Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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