National
Senate could take up ‘Don’t Ask’ repeal this month
Lugar says he won’t support efforts to derail vote

U.S. Sen. Richard Lugar (center) said he isn’t concerned about the ‘Don’t Ask, Don’t Tell’ repeal language in the fiscal year 2011 defense authorization bill and wouldn’t support an effort to rid the legislation of the provision. (Photo by Pete Pouza, photo courtesy White House)
As opponents of “Don’t Ask, Don’t Tell” are pushing for the Senate to take up repeal legislation this month, one key senator says he won’t support an attempt to remove the language from a larger defense bill.
U.S. Sen. Richard Lugar (R-Ind.) told the Blade last week that he isn’t concerned about the “Don’t Ask, Don’t Tell” repeal language in the fiscal year 2011 defense authorization bill and wouldn’t support an effort to rid the legislation of the provision.
Asked whether he would support a substitute amendment or a motion to strike, Lugar replied, “No. I would just leave it as it is.”
Lugar said he would “presume” that he would vote against any filibuster of the defense bill as a whole, but expressed concern about the legislation being used as a vehicle for other costly programs unrelated to “Don’t Ask, Don’t Tell.”
“The defense bill, as it stands, seems to me to be a good piece of legislation, but I think the issue was the additions that were not paid for in various other ways,” Lugar said.
Often regarded on Capitol Hill as a centrist Republican, Lugar voted in favor of hate crimes protections legislation after twice backing the Federal Marriage Amendment.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said Lugar’s comments on “Don’t Ask, Don’t Tell” are “good news.”
“That is consistent with what we have been hearing from his staff,” Sarvis said. “My view is that Sen. Lugar’s response is very encouraging.”
Lugar’s support for allowing the “Don’t Ask, Don’t Tell” repeal language to stay in the defense bill could be a sign the provision would survive the legislative process once it reaches the Senate floor.
On May 27, the Senate Armed Services Committee voted to attach language leading to repeal of “Don’t Ask, Don’t Tell” to the defense bill. But while the repeal language has been attached to the defense bill, a number of obstacles remain that could prevent the “Don’t Ask, Don’t Tell” language from passing in the Senate.
One such obstacle is a filibuster of the defense bill as whole. Additionally, a substitute amendment or a motion to strike could strip the legislation of repeal language.
Mounting a filibuster of the defense bill would take 41 votes in the Senate. Such an effort would be politically challenging because pay for troops and defense programs are included in the larger bill.
A substitute amendment or motion to strike with regard to the “Don’t Ask, Don’t Tell” language would require 51 votes.
Senate Armed Services Committee Chair Carl Levin (D-Mich.), a proponent of “Don’t Ask, Don’t Tell” repeal, cited a filibuster and a motion to strike as potential dangers for the “Don’t Ask, Don’t Tell” language in a brief interview.
“I wouldn’t be surprised if there’s a motion to strike,” he said. “There’s even a threat of a filibuster against the bill.”
Levin said a filibuster of the defense bill is possible based on a number of factors, including “Don’t Ask, Don’t Tell” as well as a provision for funding for legal abortions on military bases.
Sen. John McCain (R-Ariz.), the lead opponent of repeal in the Senate, has threatened to spearhead a filibuster and “do everything” he can to stop repeal language from reaching the president’s desk.
His office didn’t respond to the Blade’s request to comment on whether he’s still pursuing a filibuster or planning a legislative maneuver to strip the “Don’t Ask, Don’t Tell” language from the bill.
Another issue for the defense bill is when the legislation would come up for Senate consideration. Levin said he didn’t know when the bill would reach the floor.
Still, Levin said he wants the Senate to take up the legislation this month. Asked about his predictions for when the defense bill would reach the Senate floor, Levin replied, “Hopefully, we’ll do it in July.”
Sarvis also said the most “immediate challenge” advocates face with the defense authorization bill is finding time for floor discussion. Like Levin, Sarvis noted that he’s hopeful the bill will come up for discussion this month.
“But the floor calendar is very crowded, so I’m not sure we’re going to get on in July,” Sarvis said.
Sarvis said he’s been told the defense bill will need several days for consideration on the floor and the scheduling wouldn’t be “a matter of getting this bill on and off the floor in a day or two.”
A knowledgeable Hill source said Senate consideration of the defense authorization bill could take two weeks before a final vote is cast.
Other senators on Capitol Hill recognized as politically moderate lawmakers have expressed varying degrees of support regarding the “Don’t Ask, Don’t Tell” repeal language.
One is Sen. Jim Webb (D-Va.), the lone Democrat to vote in committee against attaching repeal to the defense bill. He said he didn’t yet know whether he would support a substitute amendment or a motion to strike regarding the “Don’t Ask, Don’t Tell” language.
“I don’t know,” Webb said. “We’ll see what it says.”
Webb noted that his May vote in committee against ending “Don’t Ask, Don’t Tell” was “to delay repeal until we received this report” from the Pentagon, which is due Dec. 1.
“I’ve been very involved in it,” he said. “In terms of putting together the study, I think it’s going to be a great piece of work that’s going out to between three and four hundred thousand people in the military.”
Webb emphasized the importance of the having the study completed before taking action as “a measure of respect” for those in the U.S. military who would implement the repeal process.
Sarvis said he’s heard reports that Webb wouldn’t support a filibuster of the defense authorization bill based on the “Don’t Ask, Don’t Tell” repeal language.
Although Webb voted against the “Don’t Ask, Don’t Tell” language in committee, the senator also voted to report out the legislation as a whole to the Senate floor.
“He’s a member of the committee,” Sarvis said. “Historically, he’s been an advocate for the Defense Department. It would be extraordinary if he objected to Sen. Levin proceeding to a debate on the defense authorization bill.”
Still, Sarvis said his understanding is that Webb would vote to strike the “Don’t Ask, Don’t Tell” language from the defense bill based on his earlier vote against the amendment in committee.
Many repeal advocates also are watching Sen. Mark Warner (D-Va.), the junior senator from the state, to see if he’ll follow suit with Webb on “Don’t Ask, Don’t Tell” when the defense bill reaches the Senate floor.
Kevin Hall, a Warner spokesperson, said via e-mail the senator is watching the process for how “Don’t Ask, Don’t Tell” will be repealed.
“Sen. Warner supports repeal of “Don’t Ask, Don’t Tell” in an orderly way, working with members of the uniformed services and our military leadership,” Hall said.
Hall said Warner wouldn’t support a filibuster of the defense authorization bill. Regarding whether the senator would support a substitute amendment or a motion to strike the “Don’t Ask, Don’t Tell” language, Hall said he’d “let our previous statement speak for itself.”
Another moderate senator who’s reportedly opposed to filibuster is Sen. Scott Brown (R-Mass.). He voted against attaching repeal to the larger defense bill, but voted in favor of reporting the legislation as a whole to the floor.
“Filibuster’s never — it’s not my style. I want to make sure that we have a full and fair debate on it,” Brown was quoted as saying in May in a Boston Globe article.
Other senators that activists have discussed as being in question on whether they would support repeal of “Don’t Ask, Don’t Tell” are Sens. George Voinovich (R-Ohio), Mark Pryor (D-Ark.) and Blanche Lincoln (D-Ark.). Their offices didn’t respond to the Blade’s request for comment.
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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