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General says open service would be problematic

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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.

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National

Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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