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HIV-positive D.C. attorney commissioned as officer with U.S. Army National Guard

Longtime National Guard member successfully challenged military HIV policy

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2 years ago

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Lambda Legal CEO Kevin Jennings, at left, and Baraq Stein, at right, the partner of First Lt. Nicholas Harrison, place a lieutenant’s rank insignia on each side of Harrison’s uniform during a commissioning ceremony in which Harrison was promoted from sergeant to First Lieutenant. (Photo by John Jack Photography)

Gay D.C. attorney Nicholas Harrison, a longtime member of the U.S. Army National Guard, was officially commissioned as a First Lieutenant in the D.C. Army National Guard at an Aug. 5 ceremony.

The ceremony at the D.C. National Guard Armory located next to RFK Stadium took place a little over a year after Harrison, who was diagnosed with HIV in 2012, successfully challenged the military’s longstanding policy of banning soldiers with HIV from becoming commissioned officers in a lawsuit initially filed in 2018.

In what LGBTQ and AIDS activists consider a landmark ruling, the U.S. District Court for the Eastern District of Virginia handed down a decision in April 2022 declaring the military’s HIV restrictions unconstitutional. The decision ordered the U.S. Department of Defense to discontinue its policy of refusing to deploy and commission as officers members of the military with HIV if they are asymptomatic and otherwise physically capable of serving.

Two months after that ruling, the Biden administration announced it would not contest the court ruling in an appeal, and a short time later U.S. Secretary of Defense Lloyd Austin issued a memorandum announcing changes in the military policy that would allow members of the military with HIV to be deployed and become officers in accordance with the court ruling.

The memorandum states that individuals “who have been identified as HIV positive, are asymptomatic, and who have clinically confirmed undetectable viral load will have no restrictions applied to their deployability or to their ability to commission while a service member solely on the basis of their HIV-positive status.”

Kevin Jennings, CEO of Lambda Legal, the LGBTQ litigation organization that represented Harrison in his lawsuit and who attended Harrison’s commissioning ceremony, called the court ruling and the Biden administration’s decision not to appeal the ruling an important advancement in efforts to remove barriers to people with HIV who wish to serve in the military.

“Today is a historic day in Washington, D.C., as we witness the commissioning of Nick Harrison,” Jennings and Lambda Legal Senior Attorney Kara Ingelhart said in a statement. “Although the journey to wearing his officer’s bars took several years, Nick’s perseverance, along with his legal team and other involved service members, helped to realize his dream of becoming an officer in the District of Columbia Army National Guard,” Jennings and Ingelhart said.

Among the more than 50 people who attended Harrison’s commissioning ceremony were family members, friends, LGBTQ rights advocates, and fellow service members.

Serving as master of ceremonies at the event was Dr. Joshua Fontanez, chair of the board for the Modern Military Association of America, the nation’s largest organization representing LGBTQ military service members, their spouses, family members, and veterans. The association joined Lambda Legal in supporting Harrison’s lawsuit to overturn the military’s HIV policy.

Donald Cravins Jr., the U.S. Under Secretary of Commerce for Minority Business Development, administered the oath of office commissioning Harrison to the rank of First Lieutenant.

And Jennings of Lambda Legal and Baraq Stein, Harrison’s partner, performed the ceremonial “Pinning of Rank” by attaching the lieutenant’s rank insignia on each side of the shoulder of the Army uniform that Harrison was wearing at the ceremony.

“This commissioning ceremony, steeped in long-standing military tradition, is intentionally focused on honoring the network of support and inspiration that brought me to this juncture,” Harrison said in remarks following his official commissioning.

“My own path has been far from conventional, leading me into the heart of a storm that allowed me to become part of a larger narrative – challenging the military’s discriminatory HIV policies through a landmark court case brought by Lambda Legal and the Modern Military Association of America,” he said.

A native of Oklahoma, Harrison joined the U.S. Army in September 2000 at the age of 23, at the time he was about to enter his third year as a student at the University of Central Oklahoma. He said he served for three years as an airborne paratrooper with a Parachute Infantry Regiment in Anchorage, Alaska.

After completing his initial enlistment in the Army, he resumed his university studies while joining the Oklahoma National Guard. He graduated in May 2005 with a bachelor’s degree and “proceeded to Oklahoma City University’s law school,” he told the Blade in a statement.

In March 2006, while enrolled in law school, he was deployed to Afghanistan with the Oklahoma National Guard’s 45th Infantry Division, he recounted in his statement. Upon his return, he said he had to restart his law school studies at the University of Oklahoma in August 2007.

After receiving a law degree and Master of Business Administration degree he was deployed once again, this time to Kuwait and Iraq. “On my return, I passed the bar and began job hunting, which led me to Washington, D.C. in July 2013,” he says in his statement.

In October of 2013, he transferred his National Guard membership from Oklahoma to D.C. by joining the D.C. National Guard, where he was assigned to a military police company with the rank of sergeant, he said. During that same year, he was selected for a Judge Advocate General position, which involves duties similar to a civilian judge.

Having been diagnosed with HIV the previous year, he requested a waiver from the military’s HIV policy that would have allowed him to take on his new JAG position. But his request was turned down, prompting him to initiate a campaign to challenge what he and many others believed to be an outdated policy denying fully capable people with HIV from serving in positions as military officers.

A short time later, through support from Lambda Legal and an organization that later became the Modern Military Association of America, he filed his lawsuit challenging the military’s HIV policy that has led to what his supporters are calling the landmark event on Aug. 5 during which he became a commissioned officer.

Harrison, however, said the Army has interpreted the changed HIV rules in a way that has forced him to take his case once again to court to challenge a decision by Army officials to have him reapply to join the National Guard under the new policy rather than commission him as an officer retroactively based on his 23 years of military service.

Having to reapply, Harrison told the Washington Blade, would require him to serve in the National Guard for another eight years, even though he became eligible to retire in 2020. He has contested the decision to require him to reapply before the same court that overturned the military’s discriminatory HIV policy and before the Army Board for the Correction of Military Records, which he says has the authority to “rectify” the Army’s position on reenlistment.

Jennings of Lambda Legal said at Harrison’s commissioning ceremony that Harrison’s ongoing dispute with military officials indicates that some details related to Harrison’s case must still be worked out.

“But today we really should just celebrate Nick’s perseverance,” Jennings told the Blade. “His determination, and the fact that he has made history has paved the way for thousands of people.”

In his remarks following his commissioning, Harrison said among the lessons he has learned in his many years in the military is the need to be respectful of the military as an institution and to engage in “respectful disagreement” when at odds with others.

“When I chose to don the uniform, to become part of an institution that has had its share of failures, it was not a decision made lightly,” he said. “I embarked on this journey because I believe in the potential for change from within, in the power of standing up from within a marginalized community to serve, protect, and defend a nation that doesn’t always reciprocate in kind,” he told the gathering.

Harrison currently serves as managing partner for the downtown D.C. law firm Harrison-Stein.

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District of Columbia

Opening of Pride exhibition at Smithsonian’s African art museum postponed until 2026

Exhibition initially planned to open before WorldPride

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May 7, 2025

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National Museum of African Art (Photo by Melissa Kopka/Bigstock)

An exhibition of the works of art from LGBTQ African artists at the Smithsonian Institution’s National Museum of African Art was abruptly postponed due to “our current budgetary situation,” a museum spokesperson told the Washington Post.

The exhibition is entitled, “Here: Pride and Belonging in African Art.”

The Post, which broke the story about LGBTQ exhibition’s postponement on May 6, reports that the museum denied that the postponement was brought about by the Trump-Vance administration’s executive order restricting certain content at Smithsonian museums or the current political climate.

“This exhibition was on a very ambitious schedule to meet WorldPride, and we did not have enough time to secure all the private sector funds we had hoped to due to shifts in the fundraising environment,” the Post quoted Smithsonian spokesperson Jennifer Mitchell as saying.

Mitchell was referring to plans to open the exhibition in late May to coincide with the WorldPride events, which are scheduled to take place in D.C. from May 17-June 6.

The Post reports that the exhibition is now expected to open in February 2026 and to close at its originally scheduled closing time in August 2026.

The National Museum of African Art’s website describes the LGBTQ exhibition as consisting of “artists across Africa and the diaspora whose artworks connect to their identities and experiences as LGBTQ+ people.” It says those people are “featured as the first continental and diasporic survey of its scale and scope outside of Africa.”

The website statement adds, “The show assembles artists whose work has implicitly or explicitly challenged local and global legacies of homophobia and bigotry, offering images of alternative futures as well as celebrations of intimacy, faith, family, and joy.”

The Post reported that Mitchell “declined to say whether donors had withdrawn their support, explaining that she could not comment on private donors relations.”

Sources familiar with the Smithsonian have pointed out that private donors, including corporations, are the main source of funding for specific Smithsonian exhibitions. The federal government, with funds approved by Congress, traditionally has covered costs supporting the museum buildings, infrastructure, and upkeep.

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District of Columbia

Bet Mishpachah to honor Fauci with lifetime achievement award

As part of its 50th anniversary celebration, Bet Mishpachah will present the Harvey Milk Chesed Award to Dr. Anthony S. Fauci in recognition of his groundbreaking leadership in infectious disease research and decades of service to global public health.

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May 7, 2025

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Bet Mishpachah, Washington’s LGBTQ synagogue, on Wednesday will honor former National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci with an award for his lifelong devotion to public health and service.

Dr. Fauci will receive the Harvey Milk Chesed Award on May 7 at 7 p.m. in Cafritz Hall at the Edlavitch Jewish Community Center of Washington, D.C., at 1529 16th Street, N.W.

The award is given annually to someone who has made “outstanding” contributions to the LGBTQ+ and Jewish communities that “exemplify the virtue of chesed, or ‘lovingkindness.’” Fauci’s commitment to combating infectious diseases-HIV/AIDS, respiratory infections, diarrheal diseases, tuberculosis, malaria, Ebola, Zika, and COVID-19-as well as his leadership in public health policy, embodies this value, according to Bet Mishpachah President Joseph Pomper.

“Bet Mishpachah is honored to have this opportunity to recognize Dr. Fauci for his lifelong commitment to the health and well-being of millions of people around the world,” said Pomper. “As members of the LGBTQ+ community, we are especially thankful for his courage and dedication in the fight against HIV/AIDS. He stood with us at a time when our community was often shunned and stigmatized. Today, as members of our community are again under attack, his leadership in that crisis and throughout his career serves as a shining example of the spirit of chesed (lovingkindness) that we honor with this award.”

Following the presentation, Fauci will join his longtime friend and colleague Jeff Levi — emeritus professor at the Milken Institute School of Public Health at George Washington University and former deputy director of the White House Office of National AIDS Policy — for a conversation.

Fauci advised seven presidents on key health issues, most prominently HIV/AIDS, and helped create the President’s Emergency Plan for AIDS Relief (PEPFAR), which has saved more than 20 million lives globally.

The event is part of Bet Mishpachah’s 50th anniversary celebration. Registration is closed, but waitlist requests can be sent to [email protected].

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District of Columbia

WorldPride permits for National Mall have yet to be approved

Organizers say application process is going according to plans

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2 days ago

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May 7, 2025

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The Equality March for Unity & Pride was held in 2009. A June 8 International Rally and March for Freedom is planned during WorldPride but permits have not yet been approved. (Washington Blade file photo by Michael Key)

Less than two weeks before the first events of WorldPride 2025 in D.C. are scheduled to begin on May 17, the U.S. National Park Service has yet to officially approve the permits needed for what organizers say will be a small number of WorldPride events scheduled to take place on the National Mall and other federal park grounds.

In response to a request by the Washington Blade for information on the status of the permit applications, National Park Service Spokesperson Brian Hall said in a May 2 email only that at least one of the permits “is still being worked on and not final.”

Hall sent the Blade a chart showing what appeared to be five WorldPride events under consideration for a permit, with four of them set to take place on federal park grounds at or near the Lincoln Memorial.

Ashley Smith, president of Capital Pride Alliance, the nonprofit D.C. LGBTQ organization playing the lead role in organizing WorldPride 2025, said most of the several dozen WorldPride events expected to take place between May 17 and June 8 would be held at locations other than the National Mall and other federal spaces.

“There is really only a small number that we’re doing this with the National Park Service, because we’re not on a lot of federal land for everything,” he told the Blade. “But we have been in communication with them, and our team is consistently communicating with them,” Smith said.

Smith added, “We feel strongly that we will be able to move forward. I don’t believe there are major concerns with us not being able to move forward. We’re making sure we’re providing all the proper information we need to be successful.”

Some LGBTQ activists have expressed concern that the Trump administration, which has put in place policies hostile to the LGBTQ community, especially the trans community, might attempt to block the permits. But another National Park Service spokesperson said in a statement that the permit approval process does not take into consideration the political message of those applying for permits.

“Applications are approved provided no applications were previously submitted for the same dates and locations, and the organizers are able to ensure the preservation of park resources and the safety of all participants, park visitors, and community members,” according to NPS spokesperson Michael Litterst.

“It is a deliberate process that does not consider the content of the message presented,” Litterst added in a statement to the Blade last November after Trump’s election as president.

Sahand Miraminy, the Capital Pride Alliance director of operations, told the Blade in a statement that it is “customary” for the National Park Service to hold off on issuing a permit until about one week before an event is scheduled to begin. 

“Oftentimes, this is also tied to the agency’s cost estimates for cleanup, turf restoration, and law enforcement reimbursements,” Miraminy said. “Typically, the National Park Service also has a policy of  not sharing detailed event plans for applicants, and we certainly appreciate keeping our detailed event information secure, as it often pertains to the health and safety of our participants,” he said.

“We don’t believe it’s necessary to share with the broad public the exact permits we hold for our events as some reservations are tied to infrastructure and security measures,” Miraminy said, adding that the Capital Pride website is a “great resource” finding the numerous WorldPride events.

The website shows at least one leading event will take place on the National Mall: A June 8 International Rally and March for Freedom will begin on the steps of the Lincoln Memorial and travel from there to near the U.S. Capitol Building, the website states. It says participants in the march will then join the WorldPride Festival and Concert on Pennsylvania Avenue, N.W. near the Capitol scheduled to take place June 7-8.   

Vincent Slatt, an official with D.C.’s Rainbow History Project, is among the lead organizers of that organization’s WorldPride exhibition called “Pickets, Protests and Parades: The History of Gay Pride in Washington, D.C.” The exhibition, scheduled for May 17 through July 7, will be held in Freedom Plaza, the federal parklands site on Pennsylvania Avenue, N.W., between 13th and 14th streets.  

Slatt points out that Rainbow History Project has applied for its own National Park Service permit for the exhibition and, like Capital Pride Alliance, is still waiting for the permit’s approval.

“I can share great news,” Slatt said in a May 4 message to the Blade, “Rainbow History Project had our latest meeting with NPS this morning and she stated that we are on track to receive our permit. There are no problems expected.”

Slatt added, “As of this morning, our permit is only pending the finalized copy of our insurance and safety plan. These are things my board will vote to approve at our May meeting. Everything looks GREAT for RHP and our activity.”

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