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‘Don’t Ask, Don’t Tell’ is gone

After 18 years, military’s gay ban sent to history books

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The anti-gay law that for 18 years has prevented openly gay people from serving in the U.S. military is today finally lifted from the books and cast in the dustbin of history.

Under the law, which came to be known as “Don’t Ask, Don’t Tell,” an estimated 14,346 service members were discharged from the armed forces because of their sexual orientation. The gay ban was officially removed from the books at 12:01 am.

“Don’t Ask, Don’t Tell” has been lifted thanks to repeal legislation President Obama signed in December. But before repeal could take effect, the law required Obama and Pentagon leaders send certification to Congress.

On July 22, Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen certified the U.S. military was ready for repeal, starting the 60-day period leading to today when the ban has finally come to an end.

The Washington Blade obtained statements that reflect on the end to “Don’t Ask, Don’t Tell” from Obama, LGBT advocates and lawmakers who were involved in the repeal process:

PRESIDENT OBAMA

“Today, the discriminatory law known as ‘Don’t Ask, Don’t Tell’ is finally and formally repealed. As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love. As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members. And today, as Commander in Chief, I want those who were discharged under this law to know that your country deeply values your service.”

“I was proud to sign the Repeal Act into law last December because I knew that it would enhance our national security, increase our military readiness, and bring us closer to the principles of equality and fairness that define us as Americans. Today’s achievement is a tribute to all the patriots who fought and marched for change; to Members of Congress, from both parties, who voted for repeal; to our civilian and military leaders who ensured a smooth transition; and to the professionalism of our men and women in uniform who showed that they were ready to move forward together, as one team, to meet the missions we ask of them.”

“For more than two centuries, we have worked to extend America’s promise to all our citizens. Our armed forces have been both a mirror and a catalyst of that progress, and our troops, including gays and lesbians, have given their lives to defend the freedoms and liberties that we cherish as Americans. Today, every American can be proud that we have taken another great step toward keeping our military the finest in the world and toward fulfilling our nation’s founding ideals.”

LGBT ADVOCATES

Joe Solmonese, president of the Human Rights Campaign:

“[Today] is a historic day for gay and lesbian service members and our nation as a whole. ‘Don’t Ask, Don’t Tell’ was a stain on our nation — not only did it damage our military readiness and national security, but it sent a message that discrimination based upon sexual orientation was acceptable. We know that not to be the case — discrimination accomplishes nothing and tears at the fabric of our country’s strength.”

“Beginning [today], gay and lesbian service members previously discharged under [‘Don’t Ask, Don’t Tell’] will have the opportunity to re-enlist. Gay and lesbian Americans eager to serve the country but not willing to compromise who they are as individuals will, for the first time ever, be able to openly join. And brave men and women currently serving will have the freedom to come out and be honest with their comrades about who they are and who they love.”

“Despite this progress, much work remains to ensure full equality in the military. The so-called Defense of Marriage Act will prohibit gay and lesbian service members and their spouses from receiving many of the benefits their straight counterparts receive. Limiting regulations also impact areas like military family housing, access to legal services, and spousal relocation support. We also are continuing to deal with an infrastructure ill-prepared to handle incidents of discrimination and harassment against gay and lesbian service members. It is incumbent upon fair-minded legislators to continue pushing equality forward by standing up to discriminatory legislative tactics, pushing for repeal of DOMA, examining barriers to service for qualified and dedicated transgender Americans, and ensuring gay and lesbian military families get the same access to benefits as everyone else.”

“This was a hard-fought victory, and supporters of equality should feel proud. But we cannot lose sight of the challenges that remain — from passing the Employment Non-Discrimination Act to bar employment discrimination in every workplace, to bringing an end to DOMA through the Respect for Marriage Act, and to combatting anti-gay activities and rhetoric from political leaders and hate groups. This is indeed a historic moment, but we remain focused on the work ahead.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network:

“Today marks the official end of ‘Don’t Ask, Don’t Tell’ and is an historic milestone along the journey to achieving full LGBT equality in America’s military. Thanks to you — the veterans, active duty, leaders, allies and supporters who have fought so long and hard — this is a monumental day for our service members and our nation. Indeed, we have taken a tremendous leap forward for LGBT equality in the military.

“Our work is far from done, but today we pay tribute to the service and sacrifice of our patriots as we look forward to a new era of military service — one that honors the contributions of all qualified Americans who have served and wish to serve.”

Alex Nicholson, executive director of Servicemembers United:

“On March 15, 1778 the first American servicemember was drummed out of the military for being gay. Since then, tens of thousands more have had their careers ruined and their lives turned upside down by a succession of anti-gay polices and regulations, culminating in the codification of an anti-gay statute in 1993 with the passage of the ‘Don’t Ask, Don’t Tell’ law. In all, 14,346 men and women were discharged pursuant ‘Don’t Ask Don’t Tell.’ But thanks to the persistent hard work of unwavering advocates, especially those who have been directly impacted by this issue, and some courageous politicians over the past six years, ‘Don’t Ask, Don’t Tell’ is now history. As a result, those who continue to serve can sleep easier tonight knowing that they can no longer be arbitrarily fired because of their sexual orientation. Justice has prevailed and ‘Don’t Ask, Don’t Tell’ is dead. God bless America.”

Robin McGehee, director of GetEQUAL, which is organizing a “Day of Discontent” of rallies pushing for further LGBT rights in more than a dozen cities on the day “Don’t Ask, Don’t Tell” is lifted:

“It has taken 17 years of hard work to remove this discriminatory policy, and still our community faces discrimination and intolerance on a daily basis that this one important victory won’t fix. [Today’s] collaborative effort by LGBT organizers across this nation will show lawmakers that we will not be content until we have full federal equality in all matters governed by civil law. We cannot and will not accept anything less — for ourselves, our families and our communities.”

Josh Seefried, an active duty Air Force officer and co-director of OutServe, an organization of actively serving LGBT military personnel (under “Don’t Ask, Don’t Tell,” Seefried went by J.D. Smith to avoid being outed under the law):

“I feel privileged and honored to serve during this time in our nation’s history. This change in policy has not only made our military stronger, but America stronger. I’m proud to serve in the United States Air Force and proud of the fact gay service members can now do their job with their integrity intact.”

Rea Carey, executive director of the National Gay & Lesbian Task Force:

“Today marks the end of an ugly era in American history. After nearly two decades, lesbian, gay and bisexual service members will finally be able to serve their country openly and honestly. Those who fight for freedom will now themselves be able to live more freely. We celebrate this historic moment, which could not come fast enough. Thousands of exemplary and courageous service members have lost their careers and livelihoods to this unjust policy, once again proving there are very personal and costly consequences of discrimination.

“While we observe this tremendous, hard-fought victory for lesbian, gay and bisexual service members, we recognize the journey is not over. Transgender service members are still being forced to serve in silence. This is unacceptable. All qualified, patriotic Americans willing to risk their lives for this country should be able to do so free from discrimination. In addition, the military still lacks explicit nondiscrimination protections, equal benefits and an inclusive equal opportunity policy for LGBT people. We will continue to work toward the day when full inclusion is a reality in the military.”

U.S. LAWMAKERS

House Minority Leader Nancy Pelosi (D-Calif.)

“With the long-overdue end of the discriminatory ‘Don’t Ask, Don’t Tell’ policy, our nation will finally close the door on a fundamental unfairness for gays and lesbians, and indeed affirm equality for all Americans. When the Democratic majorities in the House and Senate took action last year to end this wrongheaded policy, we reaffirmed the core American principle that anyone who wishes to serve, secure, and defend this country must be judged by their abilities and honored for their dedication and sacrifice.”

“For those gays and lesbians discharged unfairly, including those who seek re-accession, we must correct their paperwork so that it properly reflects their service. We must continue efforts to repeal the discriminatory Defense of Marriage Act, but in the meantime, I urge the Obama Administration to investigate opportunities to extend the same support and benefits to all our troops and their families. We cannot allow there to be two classes of service members in our military — those who receive benefits for their families and those who do not.

“This landmark progress comes after the President, the Chairman of the Joint Chiefs of Staff, and the Secretary of Defense have all certified that repeal will not hurt military readiness or unit cohesion.”

“America is the land of the free and the home of the brave because of our men and women in uniform. And [today], we honor their service by recommitting to the values that they fight for on the battlefield.”

Senate Majority Leader Harry Reid (D-Nev.)

“Today marks the end of a shameful and counterproductive policy that needlessly destroyed careers and harmed our military readiness. Thousands of qualified men and women who want to serve our country will now be able to do so without fearing their careers could end due to their sexual orientation. Our armed forces will be stronger because now our military commanders and our nation can be sure we will have the best and brightest service members on the job, regardless of ethnicity, creed or sexual orientation.”

Senate Armed Services Committee Chair Carl Levin (D-Mich.):

“Beginning Tuesday, thousands of brave American service members will be able to serve the country they love without concealing part of their identity. They will no longer have to lie in order to help protect us. The end of ‘Don’t Ask, Don’t Tell’ is an important victory not just for equality, but integrity. And this victory will come without harming our military’s readiness or effectiveness. I applaud the military and civilian leaders throughout the Department of Defense who have helped us to adopt this historic change.”

Sen. Susan Collins (R-Maine), original co-sponsor of the Senate repeal legislation:

“Today represents an historic change for our military and our country. Today, for the first time in our history, we welcome the service of any qualified individual who is willing and capable of serving our country. Today, we will no longer dismiss brave, dedicated, and skilled service men and women simply because they are gay. The repeal of ‘Don’t Ask, Don’t Tell’ is a victory for our national security, and our values, and it strengthens the ranks of our military.”

Sen. Mark Udall (D-Colo.)

“Today is a great day for our national security. Repealing [‘Don’t Ask, Don’t Tell’] will strengthen our military by allowing it to attract our nation’s best talent, regardless of whom they love. The service members who will come out today are the same soldiers, sailors, airmen and Marines they were yesterday — the only thing that has changed is that they can now be honest and open about who they are.”

“Countless young men and women in uniform — gay and straight — have told me that in combat, sexual orientation, race, religion and gender simply don’t matter.  Our military leaders were given the time and flexibility to study and implement repeal — they say they’re ready, our troops are ready, and I’m incredibly proud that we’re finally closing the book on ‘Don’t Ask, Don’t Tell’ and putting it where it belongs — the dustbin of history.”

Watch Udall’s video commemorating the end to “Don’t Ask, Don’t Tell” here:

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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