National
General says open service would be problematic
A retired general who supports “Don’t Ask, Don’t Tell” raised eyebrows last week when he said open service in a foreign military led to a horrific massacre and suggested lifting the U.S. ban would lead to sexual assault.
During a hearing March 18 before the Senate Armed Services Committee, Gen. John Sheehan, a former commander for U.S. Atlantic Command, said lifting the ban on open service in the Netherlands contributed to the country’s inability to prevent the Srebrenica massacre in 1995.
The event, in which the Serbian military executed more than 8,000 Bosniak men and boys, occurred after a United Nations protection force of around 400 Dutch peacekeepers failed to stop the massacre.
Sheehan, who retired from the U.S. military 13 years ago, identified this event as a product of the how the Dutch — as well as other militaries throughout Europe — dropped their bans to include “open homosexuality” as part of the liberalization of these armed forces following the collapse of the Soviet Union.
“They declared a peace dividend and made a conscious effort to socialize their military,” he said. “They did not believe the Germans were going to attack again or the Soviets were coming back. That led to force that was ill-equipped to go to war.”
Sheehan said he heard from a former Dutch military leader that the Srebrenica killings were the result of the liberalization of the armed forces, which he called an effect of “social engineering.”
But Senate Armed Services Committee Chairman Carl Levin (D-Mich.) rebuked the notion that the massacre was the result of allowing gays to serve openly in the Dutch military.
“Any effort to connect that failure on the part of the Dutch to the fact that they have homosexuals or did allow homosexuals, I think, is totally off target,” he said. “I’ve seen no suggestion of that.”
Levin said the failures of Srebrenica were the result of Dutch troops being trained as peacekeepers and not what was required to conduct the mission.
In a statement provided by Levin, Dutch Ambassador to the United States Renée Jones-Bos said he “couldn’t disagree more” with Sheehan’s comments and that he takes pride in how lesbians and gays are allowed to serve openly in the Dutch military.
“The military mission of Dutch U.N. soldiers at Srebrenica has been exhaustively studied and evaluated, nationally and internationally,” he said. “There is nothing in these reports that suggests any relationship between gays serving in the military and the mass murder of Bosnian Muslims.”
Sheehan also expressed concern that open service would lead to sexual assault in the military, as well as other problems should gay service members engage in inappropriate contact with other troops.
Recalling his days in the Vietnam War, Sheehan said there was incident in which a young Marine was being molested by his sergeant in a foxhole. Sheehan noted that the two fought, and a machine gun section near the foxhole opened up and almost killed a combat patrol.
When the young Marine reported this incident, Sheehan said there was a disruption in unit cohesion because the sergeant denied molesting the young Marine and many didn’t believe the allegations.
“For about three days, that unit divided down the middle,” Sheehan said. “Those that supported the popular squad leader, [and] those that kind of thought the new kid might be believable.”
An end to divisiveness came, Sheehan said, when the sergeant committed the same offense three days later.
“But the real tragedy of this story is the young [private] continually insisted for a long period of time that nobody in his organization believed that it happened,” he said. “He lost faith in his chain of command.”
To further his case about concerns on sexual assault, Sheehan also cited a report from the Defense Department last year noting a net increase of 3,200 sexual assaults in the military. He said 7 percent of these incidents — or about 226 — were male-on-male assaults.
“I would stipulate that from my days in Vietnam in the early 60s, when I had this sergeant that almost got a combat patrol killed, to the 226 male soldiers and Marines who were molested, that there’s something wrong with our sexual behavior policy,” he said.
Sen. Joseph Lieberman (I-Conn.), the sponsor of “Don’t Ask, Don’t Tell” repeal legislation in the Senate, said he didn’t share the view that open service would lead to sexual assaults in the military.
“The episode you gave of the sexual assault, Gen. Sheehan, with one man assaulting another man, could, of course, easily and unfortunately does happen more with a man assaulting a women in uniform,” he said.
Lieberman noted statistics Sheehan gave of 7 percent of assaults being male-on-male means 93 percent are heterosexual assault.
“I know there may be fears that if we repeal ‘Don’t Ask, Don’t Tell,’ there’ll be behavior inconsistent with good order and discipline, including sexual assault,” Lieberman said. “But if that happens, they’ll be held to the same account and discipline.”
Two witnesses who testified in favor of repealing “Don’t Ask, Don’t Tell” were Michael Almy, a gay former Air Force communications officer, and Jenny Kopfstein, a lesbian former Navy surface warfare officer. Almy was discharged from service under the ban in 2006 and Kopfstein was discharged in 2002.
Sen. John McCain (R-Ariz) asked both Almy and Kopfstein whether they favored a “thorough, complete” review of “Don’t Ask, Don’t Tell,” as is currently underway in the Pentagon.
Kopfstein said she didn’t have a problem with the review, but that it’s clear the law should be changed.
Almy, however, said he doesn’t favor the study because other changes have taken place in the military without such work.
“We have not done this on any other issues with regard to change to the military — as far as, most recently, putting women in submarines, women in the service academies,” he said. “We did not survey the forces then on those issues. The military is not a democracy. I don’t see this issue as any different, senator.”
McCain said he was “confused about” the opposition to conducting the Pentagon study as means to find out whether “Don’t Ask, Don’t Tell” should be repealed.
“I will continue to argue and fight for whatever I can to make sure that we have a thorough, objective review of the impact on the military of the change of this law,” McCain said. “I think the men and women who serving in the military deserve no less.”
A number of committee members during the hearing expressed their personal viewpoints on “Don’t Ask, Don’t Tell.” Sen. Jim Webb (D-Va.), who’s seen as a swing vote on repeal this year, emphasized the importance of waiting for the completion of the Pentagon review before taking action.
“I don’t want to predict at all where this is going to go,” he said. “I just think that it is vital that we can say to the people in the military and the American people that we’ve been responsible in terms of how a decision has been made.”
But Sen. Roland Burris (D-Ill.) said that in response to the stories of people who are being expelled under “Don’t Ask, Don’t Tell,” a moratorium should be placed on the law’s enforcement to prevent further discharges.
“I think that we need to put a moratorium on this situation right now — don’t let anyone be discharged from the military because of their sexual orientation until we can change this law,” he said.
Following the hearing, Servicemembers Legal Defense Network Executive Director Aubrey Sarvis said the hearing showed “a stark, realistic division” between young service members and retired members of the military from Sheehan’s generation.
“By and large, today’s warriors are fine with gays and lesbian serving openly,” he said. “Obviously, Gen. Sheehan, like some of the joint chiefs, are expressing resistance, dragging their feet.”
But Sarvis said the process that’s underway is examining how to bring about open service in the military “in a smooth, orderly way.”
“That’s what this debate should be about — it should be how,” he said. “It’s not if, it’s not whether, it’s about how we bring about this change.”
Last week’s Senate Armed Services Committee hearing occurred alongside other events that brought attention to “Don’t Ask, Don’t Tell,” including Servicemembers Legal Defense Network’s lobby day on Capitol Hill; the Human Rights Campaign’s rally on Freedom Plaza; and an act of civil disobedience by gay U.S. Army Lt. Dan Choi, who handcuffed himself to the White House gates in protest of the law.
National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.
The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing.
It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.
One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.
The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court.
One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.
The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.
President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.
Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.
In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.
The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.
Congress
Ogles faces bipartisan backlash over anti-gay social media post
Tenn. congressman blamed the comment on staffer
U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”
“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.
According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.
Following widespread criticism, Ogles removed the post and blamed it on a staff member.
“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.
The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.
Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.
“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”
U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.
“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”
Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.
“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”
Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.
“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”
The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”
Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.
Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.
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.”
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