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Lesbian officer discharged under ‘Don’t Ask’ settles with Air Force

Witt to retire from Air Force with full benefits

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The high-profile case of a lesbian Air Force officer who was discharged under “Don’t Ask, Don’t Tell” and seeking reinstatement in the U.S. military has resulted in a settlement allowing her to retire with full benefits.

On Tuesday, the American Civil Liberties Union of Washington announced that Maj. Margaret Witt, a flight nurse separated in 2007 under “Don’t Ask, Don’t Tell,” reached an agreement with the U.S. government in litigation challenging her discharge. The ACLU of Washington represented Witt since 2006 in a lawsuit known as Witt v. Air Force.

According to the ACLU, Witt will retire with full benefits, the unlawful discharge will be removed from her military service record and the U.S. government will drop the appeal of the district court ruling in her favor.

In a statement, Witt said rulings and appeals over the course of litigation in the Ninth Circuit contributed to discussion on “Don’t Ask, Don’t Tell” that led to passage of legislation allowing for repeal of the law. She was present during the signing ceremony of the repeal legislation in December.

“I am proud to have played a role in bringing about the repeal of ‘Don’t Ask, Don’t Tell,’” Witt said. “I am so pleased that the tens of thousands of lesbians and gays who have served their country honorably will be able to serve openly.”

In November, the Obama administration appealed to U.S. Ninth Circuit of Appeals a decision from U.S. District Court Judge Ronald Leighton ordering that Witt be reinstated into the Air Force. Following his ruling in September, Witt became the first gay person discharged under “Don’t Ask, Don’t Tell” to be reinstated by court order.

“For the past seven years, I have been fighting for my rights and the rights of other lesbians and gays in the military,” Witt said. “I wish I could have spent that time serving with my peers. Now, with the lawsuit completed, I’m ready to start a new chapter in my life.”

Witt, who had served in the Air Force for 18 years, has begun a doctorate program and serves as rehab coordinator at the Veterans Administration hospital in Spokane, Wash, according to the ACLU.

Sarah Dunne, legal director for ACLU of Washington, responded to the settlement by commending the U.S. military for moving toward repeal of “Don’t Ask, Don’t Tell.”

“As we’ve seen over the past six months, the military is now in the process of successfully integrating openly lesbian and gay soldiers,” Dunne said. “‘Don’t Ask, Don’t Tell’ was a failed policy that perpetuated unlawful discrimination for far too long. We are pleased that gay and lesbian U.S. service members no longer have to hide their sexual orientation and compromise their integrity.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, commended Witt for reaching a settlement with the U.S. government.

“Her case established a new rule of law in the Ninth Circuit, and her voice and story were pivotal in building support for the repeal of ‘Don’t Ask, Don’t Tell,'” Sarvis said. “This is not just a victory for Maj. Witt — it’s a victory for justice and for service members everywhere.”

In 2008, the U.S. Ninth Circuit Court of Appeals ruled that the Air Force had to prove that discharging Witt was needed for purposes of military readiness. Additionally, the court ruled that before separating a service member under “Don’t Ask, Don’t Tell,” the military had to prove that his or her presence undermines unit cohesion. This requirement became known as the “Witt Standard” and was used in subsequent litigation against the military’s gay ban.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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