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Questions surround Lieberman’s ‘Don’t Ask’ repeal bill

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U.S. Sen. Joseph Lieberman (DC Agenda photo by Michael Key)

The announcement that Sen. Joseph Lieberman (I-Conn.) would introduce “Don’t Ask, Don’t Tell” repeal legislation next week in the U.S. Senate was hailed by many opponents of the law as an important step toward undoing the nation’s ban on service by open gays and lesbians.

But some are questioning the wisdom of Lieberman introducing a standalone bill when “Don’t Ask, Don’t Tell” repeal can be accomplished through other methods.

According to an internal memo obtained by DC Agenda, the Human Rights Campaign is taking credit for landing Lieberman as the champion for repeal in the Senate.

“Additionally, working with the White House and Senate leadership, HRC has secured Sen. Joe Lieberman (ID-CT) as the Senate lead sponsor — someone who not only sits on the Armed Services Committee, but also brings a centrist approach and net to this issue,” says the memo.

The HRC memo also addresses the strategy of winning repeal via the defense authorization bill and notes particular concern about where members of the Senate Armed Services Committee stand on the issue.

“Including [repeal] in the base [Department of Defense] authorization bill will require a vote in the Senate Armed Services Committee,” says the memo. “Only one Republican on the committee, Sen. Susan Collins (R-ME), is likely to support repeal. In addition, a number of key Democrats do not currently support repeal: Sens. Robert Byrd (D-WV), Bill Nelson (D-FL), Evan Bayh (D-IN), Ben Nelson (D-NE) and Jim Webb (D-VA). Securing a minimum of two of these five Democrats is essential. Nelson, Bayh and Webb are the three best prospects.”

The memo also says that convincing House members from New Jersey and Texas to sign on in support will be crucial for House passage of the bill.

Last month, a group of LGBT advocates held a secret strategy meeting related to “Don’t Ask, Don’t Tell.” A source who attended the meeting, speaking to DC Agenda on condition of anonymity, questioned why HRC pursued the Lieberman-led path for repeal when the consensus among many lobbyists is that including repeal as part of the fiscal year 2011 defense authorization bill is the best route.

“As for Lieberman, I would just say I applaud that he did it because there has not been a bill in the Senate and now we can start asking people to sign on and figure out where people are, but I’m not sure that it’s not just a diversion tactic to show that HRC’s done something,” the activist said.

In a statement, Allison Herwitt, HRC’s legislative director, said her organization has been working with Lieberman for months about introducing standalone legislation because “it’s an important educational and organizing tool.”

“It helps constituents lobby their senators to co-sponsor and publicly support repeal,” she said. “Introduction of a bill in no way precludes strategy involving the Defense Department Authorization bill.”

Kevin Nix, spokesperson for Servicemembers Legal Defense Network, said that HRC was not alone in pursuing Lieberman as lead sponsor of repeal legislation and noted that his organization has worked with the senator for some time.

“We’ve been working with Lieberman for, I think, years — just like HRC has been, as well,” he said.

Nix said despite the imminent introduction of a standalone “Don’t Ask, Don’t Tell” repeal bill, advancement of the effort as part of the upcoming defense authorization bill is “absolutely” the best way to go.

“Obviously, it’s historic,” he said. “We welcome all of this stuff with Lieberman, and introducing a standalone bill is hugely significant, but if we’re going to get legislative repeal this year, then the repeal language needs to be in the authorization bill, and we’ll be working with [Senate Armed Services Committee] Chairman [Carl] Levin to make sure the votes are there.”

In a statement, Lieberman said he’d proudly sponsor “the important effort to enable patriotic gay Americans to defend our national security and our founding values of freedom and opportunity.”

“To exclude one group of Americans from serving in the armed forces is contrary to our fundamental principles as outlined in the Declaration of Independence and weakens our defenses by denying our military the service of a large group of Americans who can help our cause,” he said.

News of Lieberman’s bill was first reported by Jamie Kirchick in the New York Daily News. Several important details about Lieberman’s upcoming legislation weren’t immediately revealed this week, though, such as whether any Republican senators have signed on as co-sponsors. It’s also unknown whether the legislation will call for the same timeline for repeal provided in the House legislation sponsored by Rep. Patrick Murphy (D-Pa.).

Servicemembers United, a gay veterans group, is calling for a longer implementation time that would allow 18 months for the Pentagon to first complete its expected yearlong study of implementing repeal.

Lane Hudson, a D.C.-based gay activist, said the “devil will be in the details” for Lieberman’s bill and that he’s hoping the senator incorporates the timeline advocated by Servicemembers United.

“As long as Lieberman is going to introduce viable legislation, I think he’s an excellent person to be the chief sponsor,” Hudson said. “He’s got a great relationship with the Blue Dogs in the Senate caucus, and he’s probably the best Democrat to keep [Republican U.S. Sen.] John McCain from fiercely opposing repeal.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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