National
Levin doubts votes for ‘Don’t Ask’ repeal
Sen. Carl Levin (DC Agenda photo by Michael Key)
A key senator who opposes “Don’t Ask, Don’t Tell” is doubtful that sufficient support exists to repeal the law this year as he continues to push for a legislative moratorium on discharges.
Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters following a hearing Thursday he’d favor legislation to overturn “Don’t Ask, Don’t Tell” this year, but said there “will be great difficulty in succeeding in repeal.”
“I’m in favor of repeal, but I don’t favor going to a vote if it’s going to be a setback for those of us who think the program should be repealed,” he said. “I can take a whip check, but I think there’s a real problem … getting repeal approved.”
Fearing a lack of votes, Levin said he’s pushing for a legislative moratorium. The senator noted that such a measure would be “logical” because it doesn’t predetermine the outcome of the Pentagon study currently underway.
“Once the commander-in-chief says people shouldn’t be discharged for simply being gay, I think there’s real dilemma,” he said. “And when we think about that dilemma … hopefully, we’ll lead people to see that the moratorium is an attractive position because it doesn’t prejudge the outcome.”
Levin said he wants a legal opinion of the validity of a moratorium as well as what will happen with pending discharges as the Pentagon completes its review.
Asked whether the White House has been pushing for a moratorium as a way to address “Don’t Ask, Don’t Tell” this year, Levin replied, “Not to me. They may have in some other place.”
But groups opposing “Don’t Ask, Don’t Tell” are reluctant to embrace a moratorium and say there’s still an opportunity this year for repealing the law outright. In an organizational statement sent by spokesperson Trevor Thomas, the Human Rights Campaign emphasized the possibility of repeal this year.
“We believe the votes to repeal this failed law can be found and everyone who wants to see ‘Don’t Ask, Don’t Tell’ end needs to strenuously lobby their elected leaders,” says the statement.
Kevin Nix, spokesperson for the Servicemembers Legal Defense Network, was similarly bullish in a statement on passing full repeal this year.
“It’s too early to be talking about … half measures like a moratorium,” he said. “We’re focused squarely on getting full, permanent repeal of [‘Don’t Ask, Don’t Tell’] in the defense authorization bill.”
Alex Nicholson, executive director of Servicemembers United, said he would support any measure that “had a realistic chance” of alleviating the burden on gay service members, but noted that he was unconvinced a moratorium would be a politically easier vote than outright repeal.
“We’ve heard from some offices on the Hill that they don’t see a practical difference between the two,” he said. “So if there’s going to be a vote on anything this year, we would like it to be on full repeal.”
Nicholson said he would much prefer a push for a vote on full repeal “with modifications” rather than “settle for an equally tough vote on a temporary moratorium.”
During the hearing Thursday, lawmakers pressed Navy and Marine Corps leaders on their views on “Don’t Ask, Don’t Tell.”
When Levin asked witnesses whether they support repeal of the 1993 law at this time, Navy Secretary Ray Mabus said he favors repeal but also supports the study advanced earlier this month by Defense Secretary Robert Gates.
“Since ‘Don’t Ask, Don’t Tell’ is a law, whatever happens resides in Congress,” he said. “I support the repeal of ‘Don’t Ask, Don’t Tell,’ and I think the president has come up with a very practical and workable way to do that.”
Chief of Naval Operations Adm. Gary Roughead and Marine Corps Commandant Gen. James Conway reiterated their support for the Pentagon’s review as they had done in congressional testimony Wednesday.
But Conway said he wouldn’t want any change to undermine military readiness, and noted that “Don’t Ask, Don’t Tell” is working. He advised against any change at this time.
“At this point, I think the current policy works,” he said. “My best military advice to this committee, to the secretary, to the president, would be to keep the law such as it is.”
In a statement, Servicemembers Legal Defense Network Executive Director Aubrey Sarvis rebuked Conway for his remarks, saying the commandant was having his position both ways by supporting a study geared toward ending “Don’t Ask, Don’t Tell” and opposing repeal at this time.
“General Conway was the only chief to say to Congress this week that the law is ‘working,’” Sarvis said. “It is not working. Having a law on the books that fires talented troops, at a time of two wars when all manpower is needed, is not effective and does not enhance the performance and readiness of the force.”
During the hearing, Sen. Joseph Lieberman (I-Conn.), who’s slated next week to introduce Senate repeal legislation, said he agreed with Conway that overturning “Don’t Ask, Don’t Tell” should be “held up to the standard of the military readiness.”
“I’m supportive of the end to ‘Don’t Ask, Don’t Tell,’” he said. “I believe it’s the fair and right thing to do, but in the end … this has to pass the test of military readiness.”
Lieberman said he believes repeal will pass this test based on what’s happened in other countries that have lifted their bans on open service.
“I hope that we will conclude repealing ‘Don’t Ask, Don’t Tell’ will enhance military readiness, but that’s yet to be determined as the study goes on,” he said.
The issue of what the United States can learn from foreign militaries in implementing repeal also emerged during the hearing. Roughead said the working group was necessary to examine the impact on repeal on the U.S. Navy. He said other studies on the effect of repeal on other navies that have lifted bans on open service don’t address the consequences of repeal in the United States.
“While I have high regard for those other forces, they are not us, they do not come from our culture, they do not come from the beliefs that young men and bring into the service,” he said.
Nathaniel Frank, author of “Unfriendly Fire” and research fellow at the Palm Center, has emphasized in arguments in favor of repeal how other countries have lifted bans on open service. Responding to Roughead, Frank said the United States can learn from these countries on this open service as it has on other issues.
“There’s no question that each culture is different, each military is different,” he said. “But the U.S. military has repeatedly looked to other militaries to study issues, including this issue, as well as housing and health and personnel management.”
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
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