National
BREAKING: Obama, Pentagon certify ‘Don’t Ask, Don’t Tell’ repeal
Military’s gay ban will be off the books in 60 days
President Obama and Pentagon leaders gave the green light on Friday to start the 60-day time period for when “Don’t Ask, Don’t Tell” will be off the books and openly gay Americans will be entirely free to serve in the U.S. military.
After consultation during a Friday meeting at the White House, Obama — along with Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen — issued certification to Congress that the armed forces are ready for open service.
“Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality,” Obama said in a statement. “In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met. ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011.”
Under the repeal law signed in December, the military’s gay ban will be lifted once the president, the defense secretary and the chairman of the Joint Chiefs of Staff certify the armed forces are ready for open service. Consequently, now that repeal has been certified, “Don’t Ask, Don’t Tell” will be off the books on Sept. 20.
“I believe the U.S. armed forces are ready for the implementation of the repeal of Don’t Ask, Don’t Tell,” Mullen said in a statement. “I conveyed that opinion yesterday to the President and to the secretary of defense, and today we certified this to Congress. My opinion is informed by close consultation with the service chiefs and the combatant commanders over the course of six months of thorough preparation and assessment, to include the training of a substantial majority of our troops.”
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the “final countdown to repeal begins today” as a result of certification.
“Service members celebrate this historic announcement, and they are ready for this change,” Sarvis said. “Our nation’s top military leaders have testified that commanders see no significant challenges ahead, and now the president, Secretary Panetta, and Chairman Mullen have certified to Congress that the armed forces are prepared for the end of ‘Don’t Ask, Don’t Tell.'”
Alex Nicholson, executive director of Servicemembers United, said certification of repeal means gay service members can “breath a huge sigh of relief.”
“While we still must wait 60 days for this change to formally take effect and for the law to officially be off the books, this step is nothing short of historic,” Nicholson said. “This is the final nail in the coffin for the discriminatory, outdated, and harmful ‘Don’t Ask, Don’t Tell’ law.”
Gay service members who had left the U.S. military because of “Don’t Ask, Don’t Tell” hailed certification for repeal as an important milestone.
Stacey Vasquez, a former Army recruiter who was discharged under “Don’t Ask, Don’t Tell” in 2003, said she finds it hard to believe that the long struggle to end the military’s gay ban is finally coming to an end.
“I think it’s hard for me to put into words because there have been so many steps for me,” Vasquez said. “I went through a court battle for seven years and worked on repeal in my job for a year, and then I’ve lobbied Congress for nine years.”
She continued, “I don’t know if you’ve had one of those moments where you say, ‘Is it really done because you’ve had so many steps and you feel like you move forward and then you move back a step? I’m kind of thinking to myself, ‘Is it really done?'”
Still, Vasquez said she’s “happy” that certification has happened and plans to make an attempt to re-enlist in the Army after “Don’t Ask, Don’t Tell” is off the books.
Brian Fricke, a gay Iraq war veteran who left the Marine Corps in 2005 because of “Don’t Ask, Don’t Tell,” also said certification brings him a sense of relief. and vindication that he thinks is shared by other service members.
“For me, personally, there’s a sense of vindication,” he said. “When I left, I had a partner at the time and I was always afraid of being found out. I couldn’t relax when I was on my R&R away from work because I was fearful of that.
Additionally, Fricke said he thinks other service members will share his feelings following the formal lifting of “Don’t Ask, Don’t Tell.”
“I feel like a lot of the gay and lesbian troops are going to feel a lot of relief immediately, even if they’re not going to come out to people,” he said. “They are going to be able to relax when they’re off duty and be able to go in public to the movies and hold hands and not have to worry about retribution.”
Fricke wasn’t discharged under “Don’t Ask, Don’t Tell,” but opted not to enlist in 2005 because of the burden of serving under the military’s gay ban. He said he doesn’t plan to return to the armed forces.
Although “Don’t Ask, Don’t Tell” will remain on the books until Sept. 20, discharges under the anti-gay law have already been halted. The Pentagon earlier this month put in place a moratorium on separations in response to a court order imposing an injunction against enforcing the anti-gay law.
As a result, gay service members can already serve openly without fear of discharge, although openly gay people are still barred from enlisting in the armed forces.
The injunction — initially issued last year by a California federal district court — was reinstituted earlier this month by the U.S. Ninth Circuit Court of Appeals in the case of Log Cabin Republicans v. United States, pending litigation challenging the constitutionality of the military’s gay ban.
The moratorium on discharges could be lifted — making gay service members vulnerable once again — if the U.S. government succeeds in efforts to convince the court to place a stay on the injunction. On Monday, the Justice Department requested this stay and maintained the Obama administration wants an “orderly process for repealing” the military’s gay ban.
R. Clarke Cooper, Log Cabin’s executive director, issued a statement saying his organization’s lawsuit helped lead to “Don’t Ask, Don’t Tell” repeal certification.
“Log Cabin Republicans are proud to have helped put an end to ‘Don’t Ask, Don’t Tell,'” Cooper said. “It is our hope that the clear precedent established in federal court that will ensure an absolute end to this unconstitutional law.”
Even with “Don’t Ask, Don’t Tell” on its way to being off the books, supporters of open service say more work is necessary to ensure gay and straight service members stand on equal footing.
One option to address this issue is an executive order from the president that would ensure non-discrimination for gay service members. Currently, gay service members have no recourse outside of their chain of command if they feel they’re experiencing discrimination on the job.
Sarvis, who has called for such a directive since February, renewed his call this week for such an executive order on the basis that “every service member deserves equal respect in the work environment.”
“Signing legislation that allows for repeal of ‘Don’t Ask, Don’t Tell’ was necessary, but it is not sufficient for ensuring equality in the military,” Sarvis said. “It’s critical that gay and lesbian service members have the same avenues for recourse as their straight counterparts when it comes to harassment and discrimination.”
Other inequities exist between gay service members with partners or spouses and straight service members in marriages on issues such as living expenses and medical care, travel, housing benefits. Much of this inequity is because of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.
LGBT advocates are also expressing concerns about transgender people still being unable to serve openly in the U.S. military. But openly transgender Americans can’t serve openly not because of law, but by regulation — so the change could be implemented administratively.
An executive order prohibiting discrimination against service members based on sexual orientation and gender identity would also stop the separations of service members who come out as transgender.
Mara Keisling, executive director of the National Center for Transgender Equality, issued a reminder on Friday that transgender Americans are still unable to serve openly in the armed forces.
“NCTE rejoices whenever discriminatory laws end and ‘Don’t Ask, Don’t Tell’ was a discriminatory law and it needed to go,” Keisling said. “However, as repeal is certified, transgender servicemembers continue serving in silence. NCTE looks forward to the day when the U.S. armed forces ends discrimination in all its forms.”
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
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