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White House: End to trans military ban ‘updates outdated policy’

Earnest declines to say whether change underscores risk to LGBT rights in election

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Josh Earnest, gay news, Washington Blade

Josh Earnest, gay news, Washington Blade

White House Press Secretary Josh Earnest said ending the trans military ban “updates outdated policy.”(Washington Blade photo by Michael Key)

White House Press Secretary Josh Earnest said Friday the Pentagon’s decision to lift the regulatory ban prohibiting openly transgender people from serving the U.S. armed forces “updates this outdated policy.”

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 At that point, he had described the policy as outdated.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and well-prepared to defend the country, and he’s come to the conclusion that the best way to do that is to update this outdated policy.”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.

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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