News
White House: End to trans military ban ‘updates outdated policy’
Earnest declines to say whether change underscores risk to LGBT rights in election
White House Press Secretary Josh Earnest said ending the trans military ban “updates outdated policy.”(Washington Blade photo by Michael Key)
Earnest made the remarks under questioning from the Washington Blade on whether the White House had a hand in encouraging Defense Secretary Ashton Carter to move forward Thursday with implementing openly transgender military service.
“This is something Secretary of Defense Carter wanted to review,” Earnest said. “He announced a few months he wanted to take a look at this policy. At that point, he had described the policy as outdated. So he conducted this review consistent with the priority that he has placed on making sure that our Department of Defense and our armed forces are ready and well-prepared to defend the country, and he’s come to the conclusion that the best way to do that is to update this outdated policy.”
Earnest added Carter made the decision on his own, but the result is “certainly one that is supported by the commander-in-chief.”
Asked if that meant the Pentagon made the decision without input from the White House, Earnest said President Obama and Carter “had an opportunity to discuss” the policy change before it was made.
“The secretary of defense had the responsibility and assumed the responsibility to conduct this review,” Earnest said. “Obviously, the president and the secretary of defense have had an opportunity to discuss it, but this is a review that was conducted by the secretary of defense and he did so focused on the priority that he places on military readiness and he made an observation that is consistent with the president’s view, which is our country and our military is best served when everybody who’s most qualified to serve in our military has the opportunity to do so.”
The change is regulatory and a future administration hostile to openly transgender service could put the ban back in place, but Earnest declined to say whether that underscores the potential risk to LGBT rights in the upcoming election.
“I’ll let individual voters make their own determinations about this,” Earnest said. “The president and the secretary of defense agree on this principle and both men certainly belief that it enhances our national security to live up to this principle, so frankly this is not a decision that’s rooted in politics. This is rooted in something more important, which is the national security of the United States.”
Also on Thursday, a federal judge issued an injunction blocking the enforcement of a recently enacted “religious freedom” law in Mississippi seen to enable sweeping anti-LGBT discrimination.
As first reported by the Blade, the Obama administration has been reviewing the law and Mississippi could potentially lose federal funds as a result of the statute. Asked if that review is now on hold after the ruling, Earnest said he’s limited in his comments because of ongoing litigation against the law.
“What I can just say in general is that these types of laws raise a number of difficult legal and policy questions and what happens in the courts in these cases will inform of our assessment of these laws and their implications,” Earnest said.
More generally, Earnest said Obama has said numerous times he “strongly disagrees with laws that are focused on taking away the rights of law-abiding Americans.”
“And the truth is, we should be a little more focused on protecting the rights and expanding the rights and enhancing the rights of law-abiding Americans, and that is principle the president has abided by and been guided by during his tenure in public service,” Earnest added. “It’s also been a principle that has guided his assessment of laws that are passed at the state and local level as well.”
Another anti-LGBT law was recently enacted in North Carolina, where President Obama intends to travel on Tuesday to campaign on behalf of presumptive Democratic presidential nominee Hillary Clinton.
The controversial law nullified pro-LGBT non-discrimination city ordinances in North Carolina and prohibits transgender people from using public restrooms in schools and government buildings consistent with their gender identity.
Along with the Mississippi law, Obama said during a news conference in April the North Carolina statute is “wrong and should be overturned.”
Asked if Obama during his visit to North Carolina would remind voters about his opposition to the law as they head to the polls, Earnest said isn’t aware of the totality of president’s remarks, but the focus will be on Clinton.
“I don’t have detailed remarks to preview for you at this point, but I can tell you that the focus on the president’s remarks will be on Secretary Clinton and his view that she has the character, the toughness, skills and experience to succeed him as president of the United States,” Earnest said.
Maryland
Baltimore Heritage wants Md. LGBTQ historical sites added to National Registry
Mary Elizabeth Garrett’s Mount Vernon home among historical sites
Baltimore Heritage is continuing its mission to preserve Maryland’s LGBTQ history.
The group, using documentation, is attempting to get statewide LGBTQ historical sites listed on the National Registry of Historic Places. Kentucky was the first state to make this effort, using a similar study to Maryland, which outlined a comprehensive list of LGBTQ heritage sites.
Baltimore Heritage, a local non-profit, 15 years ago began its efforts to promote LGBTQ heritage within the local community, mainly with walking tours to sites important to LGBTQ history. Preservation Maryland in 2018 received a grant, and Susan Ferentinos spent two years compiling a comprehensive list of LGBTQ historical sites, later published in 2022.
Suffragist Mary Elizabeth Garrett’s Mount Vernon home is one of the examples of the LGBTQ historical sites.
Although Garrett never labeled herself, she was involved in same-sex relationships, was a leader in the feminist movement, and played a large role in advancing education for women.
Although the effort has been ongoing, Baltimore Heritage Executive Director Johns Hopkins explained that Baltimore Heritage and its partners’ goal is to add Maryland to the public conversation on LGBTQ history.
“Bringing a little bit of a spotlight to some of the sites that are important, locally and nationally, would be meeting a goal of trying to have a broader, more in-depth public discussion around LGBTQ history, so we all know where we’re coming from,” said Hopkins.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
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.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
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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Democracy Forward files FOIA request for State Department bathroom policy records
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