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Pentagon officials outline scope for ‘Don’t Ask’ study

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Officials leading the Pentagon study examining “Don’t Ask, Don’t Tell” outlined for lawmakers the general scope of their work Wednesday, but offered limited details and were tight-lipped on their personal views of the law.

Both co-chairs of the Pentagon working group testified before the House Armed Services personnel subcommittee. Jeh Johnson, general counsel for the Defense Department, and Gen. Carter Ham, commanding general of U.S. Army Europe, discussed how their work would build on President Obama’s call to end the 1993 law barring gays, lesbians and bisexuals from serving openly in the U.S. military.

The hearing marked the first time the House heard testimony on gays in the military since a similar committee hearing took place in 2008.

Also present was Clifford Stanley, undersecretary of defense for personnel and readiness. He would oversee the implementation of repeal at the Pentagon should Congress overturn “Don’t Ask, Don’t Tell.”

Witnesses said the study underway at the Pentagon, due for completion Dec. 1, would identify the effects of repeal on military readiness, unit cohesion, recruiting, retention and military families.

Johnson and Ham also noted that the working group has been broken down into four teams: a survey team; a legislative, regulatory and legal team; a policy development team; and an education and training team. Ham said the working group intends to gather information with “wide outreach to get a wide variety of views.”

“That survey must be enriched by personal contact — focus groups, if you will — some of them specifically targeted to specialized groups and families within the Department of Defense, active reserve and guard,” Ham said.

Ham said he anticipates outreach through “social media” so that information can be gathered from the widest possible pool.

“A wide variety of individuals — both within the Department of Defense and without — who will have views on this matter will have an opportunity for their voice to be heard,” he said.

Still, the witnesses said the working group is in its early stages and there was little information to share at this point.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the hearing was “largely process driven,” but it affirmed that there’s still an opportunity for repeal to happen this year.

“Clearly Congressman Patrick Murphy and other members of the subcommittee underscored to [Defense Department] General Counsel Johnson and Gen. Ham that repeal can get done this year as the working group does its job,” he said.

A number of lawmakers at the hearing asked whether Congress should take legislative action against “Don’t Ask, Don’t Tell” before the working group’s study is complete.

Murphy, a Pennsylvania Democrat who’s sponsoring the House repeal bill, said if lawmakers were pass repeal as part of the upcoming defense authorization bill, it would likely not be signed until October, which he said would give the Pentagon time to review the process for implementation.

But Johnson said he wasn’t inclined to endorse legislative action on “Don’t Ask, Don’t Tell” before the working group had a chance to complete its study.

“The secretary of defense believes that we should go about repeal in a careful methodical way, and first study … all of the impacts of repeal on the current policy,” Johnson said. “I would think that the Congress would like to hear from us first before undertaking to consider repeal.”

Still, Johnson said he wouldn’t advise Congress what action they should take on “Don’t Ask, Don’t Tell” this year.

“I’m not here to oppose or support any congressional action,” he said. “We’re here to do an exhaustive, thorough, comprehensive review of the impact of repeal of the policy.”

Rep. Joe Wilson (R-S.C.), ranking Republican on the subcommittee, said he maintained some reservations regarding the study given its scope.

Wilson said he wants to the working group to examine whether “Don’t Ask, Don’t Tell” as it stands undermines readiness and whether repeal would contribute to military effectiveness “in measureable ways.”

“If the study does not address these issues, then its overall credibility and usefulness for the Congressional decision-making process will be significantly undermined,” he said.

Questioning the need for repealing “Don’t Ask, Don’t Tell,” Wilson said 8,300 service members were discharged under the law from fiscal years 1999 and 2008. The lawmaker said this number was infinitesimally small given that the military separated about 1.9 million people during that time.

“That’s about 800 people discharged per year, and unless you contradict me, it’s not a significant loss from an overall [Defense Department] manpower perspective,” Wilson said.

Rep. Susan Davis (D-Calif.), chair of the subcommittee, asked about the possibility of changing the implementation of current law so that third parties couldn’t out and discharge gay service members.

Defense Secretary Robert Gates has tasked Johnson with finding out whether this “more humane” approach to “Don’t Ask, Don’t Tell” was possible within the confines of the law 45 days from the start of the working group.

Johnson said this task was running “separate and apart” from the study’s work and said he expected to have recommendations around March 19.

“We’re getting comprehensive input from the services on that topic, and I expect that we will meet our 45-day timeline,” he said.

Lawmakers on the panel also asked the witnesses about plans for allowing for gays in the military to contribute to the study without being discharged under “Don’t Ask, Don’t Tell.”

Ham said the working group is working on ways to get their input, and the use of social media could play a role, but such plans aren’t yet final.

“We share with you the concern — the absolute necessity — to reach out and hear from homosexuals who are today serving in the force,” he said. “We don’t yet know how to do that, but my pledge to you is that we will find a way and we will do that.”

Ham said the working group has an opportunity to hear from service members who have already been separated under “Don’t Ask, Don’t Tell” and noted that information “will be instructive to us.”

At one point, Rep. Niki Tsongas (D-Mass.) asked the witnesses about their personal views on gays in the military. The witnesses were tight-lipped on their opinions, though, saying that want to remain objective as they complete the study.

Johnson noted he’s part of the Obama administration and the president has expressed his desire to move toward repeal. He added that his assignment “is to do an objective, comprehensive review of the implications of repeal of the policy.”

“I’m trying very hard to approach this in an objective, thorough, comprehensive fashion and create an environment conducive to others within the force telling us what they think the impact of repeal would be,” Johnson said.

The issue of whether a moratorium should be instituted to prevent discharges as the Pentagon undertakes its study was also raised during the hearing. Senate Armed Services Committee Chairman Carl Levin (D-Mich.) floated the possibility of a legislative moratorium if there are not enough votes this year for outright repeal.

Tsongas spoke favorably about a moratorium during the hearing as a way to allow gays in the military to voice their opinions to the working group without being discharged.

“As you talk about the hoops that you’re going to have to jump through to solicit their opinion … it just seems to be a more appropriate way to go forward is to institutionalize a moratorium,” she said.

Davis also said during her opening statement that a moratorium on discharges would be an appropriate measure for the Pentagon as it conducts it study.

“I believe there is a way to stem the tide of these painful and unnecessary discharges, especially those instigated by third parties, and avoid subjecting the force to confusion about the direction of the policy,” she said. “A moratorium on discharges would be an appropriate action to take while the department decides how to implement repeal.”

Davis later told DC Agenda that she wasn’t necessarily referring to a legislative moratorium as Levin has suggested, but an administrative moratorium instituted by the Defense Department.

“We might want to do something in the authorization bill; I’m not sure,” she said. “But they can do that on their own.”

Following the hearing, Murphy reiterated to reporters his belief that Congress would fully repeal “Don’t Ask, Don’t Tell” this year.

“We could pass that in the national defense authorization act, or any other piece of legislation, or other vehicle,” he said. “This will be changed this year.”

Lawmakers are expecting to hear more the Pentagon working group before its study is complete. Davis told DC Agenda she’d like to hear from officials “at least once or twice before the reports are done.”

Asked whether he would like to hear any more information from the working group, Murphy replied, “No, I think other countries, like Canada, they did this and they had absolutely no problems.”

“The implementation of this will go much [more] smoothly than anything that some questions from the other side were [suggesting] today,” Murphy said.

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National

National resources for trans and gender diverse communities

Amid attacks, help is available from wide range of organizations

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Activists have been protesting against the Trump administration’s anti-trans policies. If you need help, there are resources out there to assist. (Washington Blade file photo by Michael Key)

The Trump administration has launched a series of executive orders and other initiatives restricting the rights of the transgender community since taking power in January, targeting military service, affirming healthcare, and participation in sports. 

Though many executive orders are being challenged in court, it’s an uncertain time for a community that feels threatened. Despite the uncertainty, there are resources out there to help.

From legal assistance to mental health support, here’s a list of nonprofits and organizations dedicated to improving the everyday livelihood of trans and gender diverse people. These are mostly national organizations; there are many additional groups that work in local communities across the country. Some of these national groups will connect those in need of help to a local organization.

President Trump issued an executive order declaring there are only two genders –– male and female –– which applies to legal documents and passports. The order doesn’t recognize the idea that one can transition their gender at birth to another gender.

Ash Lazarus Orr filed to renew his passport with a gender marker reflecting his identity. That was in January, and he still hasn’t received it. He refused to accept a passport without an accurate identification of who he is, so he filed a lawsuit with the ACLU in what is now known as Orr v. Trump.

Orr told the Washington Blade that not receiving his passport back has taken away his freedom of visiting family in Canada and receiving gender-affirming care from a trusted provider in Ireland.

The one thing getting him through this uncertain time is knowing who he’s fighting for –– the trans community, his loved ones, and himself.

“I’m trying to be that person that those younger parts of me needed growing up,” Orr said. Check out a couple of legal support organizations below:

Transgender Law Center

The Transgender Law Center (TLC) provides legal resources and assistance. TLC has a list –– called the Attorney Solidarity Network –– of attorneys that can provide advice or representation for trans people.

The organization also has a legal information help desk that answers questions regarding laws or policies impacting trans people.

Website: transgenderlawcenter.org

Phone: 510-587-9696

Email: [email protected]

Advocates For Trans Equality

With a variety of different programs tailored toward legal assistance and advocacy work, Advocates For Trans Equality’s reach is wide.

The non-profit offers the Name Change Project, which provides pro bono legal name change services to low-income trans, gender-non-conforming and nonbinary people by utilizing its partnerships with law firms and corporate law departments.

Advocates For Trans Equality also has departments and programs dedicated to increasing voter engagement, educating lawmakers on trans issues and offering litigation assistance to a small number of cases.

Website: transequality.org

Phone: 202-642-4542

General email: [email protected] 

To contact a specific department or program, visit its website above.

ADVOCACY

Looking to take action and get involved? Act now.

American Civil Liberties Union

The ACLU is a national nonprofit organization that mobilizes local communities and advocates for national causes.

Getting involved is as easy as filling out letters to representatives or signing petitions. One live petition is to “defend trans freedom.”

You can also join its People Power platform, where you serve as a volunteer in your community to “advance civil liberties and civil rights for all.” ACLU has different chapters across the country, so visit its website for more information.

Website: aclu.org

Phone: 212-549-2500

MILITARY AND VETERANS

Trump signed an executive order in January banning transgender service members from serving, stating their identity “conflicts with a soldier’s commitment to an honorable, truthful and disciplined lifestyle, even in one’s personal life.” 

Though the order has been legally challenged and struck down by a judge, U.S. Navy Lieutenant Rae Timberlake said it’s created an uncertain atmosphere for themself and other troops.

“All of the transgender service members I know have served with honor and integrity for many years…[and we’re] targeted for removal and not subject to any kind of review based on merit,” Timberlake, who joined the Navy at age 17, said. “There’s kind of just this cloud looming over our organizations and our units, because we know any day our transgender shipmates could no longer be on the team.”

But Timberlake’s message to any service member struggling because of the executive order was one of compassion and truth: “There’s no policy that can take away what you’ve accomplished and what you’ve done.”

Here are some organizations that support service members and veterans:

SPARTA Pride

SPARTA is a peer-support group composed of active duty, veteran and “future warrior” service members.

The group also engages in advocacy work and has helped change policies on gender neutral uniforms and reducing the time a trans service member would have to wait to return to their duties during their transition.

Contact SPARTA to learn more about joining its support network.

Website: spartapride.org

Email: [email protected] 

Modern Military Association

Modern Military supports service members and veterans through advocacy, legal assistance and mental health support.

It tracks LGBTQ+ and HIV discrimination through reports made on its website, and offers guidance and advice to whoever submitted the report.

It also supports the mental health of LGBTQ+ veterans and their families through its Resilient Heroes Program. By signing up, you’ll receive virtual peer support and case management services with a mental health coordinator.

Website: modernmilitary.org

Phone: 202-328-3244 

Email: [email protected] 

CRISIS & MENTAL HEALTH SUPPORT

If you have a more urgent matter, or just need someone to listen, here are some organizations you can reach out to:

The Trevor Project

The Trevor Project offers 24/7 counseling services. Calling, texting or chatting is free and confidential, and you’ll get to speak with someone specialized in supporting LGBTQ youth.

The organization also focuses on public education by hosting online LGBTQ suicide prevention trainings. It advocates for policies and laws that contribute to supporting queer youth.

Website: thetrevorproject.org

Crisis hotline: 1-866-488-7386

General inquiry phone number: 212-695-8650

Trans Lifeline

Trans Lifeline is a hotline run and operated by trans people. Whether you’re questioning if you’re trans or are a trans person just wanting to talk, someone will be there to help. It’s free and confidential, and there won’t be any non-consensual active rescue, such as calling the emergency services.

The line is not 24/7, however. Check out its website for hours within your time zone.

Website: translifeline.org

Phone: 877-565-8860

Here are other organizations that offer support to the trans community:

TransFamilies (support): Support for families with a gender diverse child.

TransLatina Coalition (advocacy): Advocates for the specific needs of the transgender, gender expansive and intersex communities in the U.S.

TransAthlete (information): Provides informative resources about trans athletes.

Campaign for Southern Equality’s Trans Youth Emergency Project (healthcare support): A fund to help trans youth access lifesaving healthcare.

TransTech Social (economic empowerment): Dedicated to discovering and empowering the career-ready skills of LGBTQ+ people.

World Professional Association For Transgender Health (health): Resources, symposiums and research dedicated to improving transgender health.

Sylvia Rivera Law Project (legal): Legal programs and services for marginalized communities.

Gender Spectrum (support): Resources and support groups for trans youth and families.

The Okra Project (support): Creates and supports initiatives that provide resources for the Black Trans community.

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The White House

White House does not ‘respond’ to reporters’ requests with pronouns included

Government workers were ordered not to self-identify their gender in emails

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White House Press Secretary Karoline Leavitt and a senior advisor in the Department of Government Efficiency rejected requests from reporters who included their pronouns in the signature box of their emails, each telling different reporters at the New York Times that “as a matter of policy,” the Trump-Vance administration will decline to engage with members of the press on these grounds.

News of the correspondence between the journalists and the two senior officials was reported Tuesday by the Times, which also specified that when reached for comment, the White House declined to “directly say if their responses to the journalists represented a new formal policy of the White House press office, or when the practice had started.”

“Any reporter who chooses to put their preferred pronouns in their bio clearly does not care about biological reality or truth and therefore cannot be trusted to write an honest story,” Leavitt told the Times.

Department of Government Efficiency Senior Advisor Katie Miller responded, “I don’t respond to people who use pronouns in their signatures as it shows they ignore scientific realities and therefore ignore facts.”

Steven Cheung, the White House communications director, wrote in an email to the paper: “If The New York Times spent the same amount of time actually reporting the truth as they do being obsessed with pronouns, maybe they would be a half-decent publication.”

A reporter from Crooked media who got an email similar to those received by the Times reporters said, “I find it baffling that they care more about pronouns than giving journalists accurate information, but here we are.”

The practice of adding pronouns to asocial media bios or the signature box of outgoing emails has been a major sticking point for President Donald Trump’s second administration since Inauguration Day.

On day one, the White House issued an executive order stipulating that the federal government recognizes gender as a binary that is immutably linked to one’s birth sex, a definition excludes the existence of intersex and transgender individuals, notwithstanding the biological realities that natal sex characteristics do not always cleave neatly into male or female, nor do they always align with one’s gender identity .

On these grounds, the president issued another order that included a directive to the entire federal government workforce through the Office of Personnel Management: No pronouns in their emails.

As it became more commonplace in recent years to see emails with “she/her” or “he/him” next to the sender’s name, title, and organization, conservatives politicians and media figures often decried the trend as an effort to shoehorn woke ideas about gender (ideas they believe to be unscientific), or a workplace accommodation made only for the benefit of transgender people, or virtue-signaling on behalf of the LGBTQ left.

There are, however, any number of alternative explanations for why the practice caught on. For example, a cisgender woman may have a gender neutral name like Jordan and want to include “she/her” to avoid confusion.

A spokesman for the Times said: “Evading tough questions certainly runs counter to transparent engagement with free and independent press reporting. But refusing to answer a straightforward request to explain the administration’s policies because of the formatting of an email signature is both a concerning and baffling choice, especially from the highest press office in the U.S. government.”

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U.S. Military/Pentagon

Air Force rescinds rule barring inclusion of preferred pronouns in email signatures

Conflict with language in military funding package may explain reversal

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The Pentagon (Photo by icholakov/Bigstock)

The U.S. Air Force has issued a “directive to cease the use of ‘preferred pronouns’ (he/him, she/her, or they/them) to identify one’s gender identity in professional communications,” according to a report published in the Hill on Wednesday.

The rule, which applies to both airmen and civilian employees, was first adopted on Feb. 4 pursuant to President Donald Trump’s anti-transgender executive order called, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

Days after the administration’s issuance of that order on the first day of the president’s second term, the Office of Personnel Management instructed agencies across the whole of the federal government to remove pronouns from email signatures and enforce the policy barring employees from using them.

Additionally, on Jan. 27 Trump published an order barring trans people from joining the U.S. Armed Forces, indicating that those who are currently in serving would be separated from the military. The Pentagon is fending off legal challenges to the ban in federal courts.

Particularly given the extent of the new administration’s efforts to restrict the rights of trans Americans and push them out of public life, the Air Force’s reversal of the pronoun guidance was surprising.

According to reporting in Military.com, the move might have come because officials concluded the rule was in conflict with language in the military appropriations funding legislation passed by Congress in 2023.

The NDAA established that the defense secretary “may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.”

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