National
Choi, others begin to re-enlist
Court denies stay of injunction; Pentagon halts enforcement of ‘Don’t Ask’
The struggle to end “Don’t Ask, Don’t Tell” received renewed national attention this week as the Pentagon announced it would halt enforcement of the policy and a California federal court rejected the Obama administration’s request for a stay of the injunction against the law.
The Pentagon announced that it would discontinue enforcement of “Don’t Ask, Don’t Tell” after U.S. District Judge Virginia Phillips last week issued an injunction prohibiting the enforcement of the law that confirmed her September ruling striking down the statute.
On Wednesday, the U.S. Justice Department sought an emergency stay with the U.S. Ninth Circuit Court of Appeals. A decision from the court wasn’t handed down by Blade deadline. Check the Blade’s website for updates on the injunction.
Cynthia Smith, a Defense Department spokesperson, said the Pentagon would adhere to the court injunction and stop discharges of gay, lesbian and bisexual service members.
“The Department of Defense will of course obey the law,” she said. “The Department will abide by the terms of the court’s order, effective as of the time and date of the injunction, unless and until the injunction is stayed or vacated.”
Smith said on Oct. 15, the Pentagon issued guidance to military recruiters saying they could no longer dismiss openly gay people who are interested in joining the U.S. armed forces.
“Recruiters are reminded to set the applicants’ expectations by informing them that a reversal in the court’s decision of the ‘Don’t Ask, Don’t Tell’ law/policy may occur,” she said.
News that the Pentagon is no longer enforcing “Don’t Ask, Don’t Tell” prompted Dan Choi, a discharged former Army officer who gained notoriety by chaining himself to the White House gates in protest over the policy, to seek re-enlistment in the U.S. armed forces.
On Tuesday, Choi reportedly re-enlisted in the Army at a recruiting station in Times Square in New York City. He reportedly said Tuesday recruiters were processing his request and that he initially sought to re-enlist as a Marine, but was told he was too old to enter the service.
Other out gays had sought to re-enlist this week in other places throughout the country. Will Rodriguez-Kennedy, president of the San Diego chapter of Log Cabin Republicans, reportedly tried to re-enlist with the Marines, but was told that prior-service quotas were full right now.
Even with the injunction in place, the Servicemembers Legal Defense Network is warning gay, lesbian and bisexual troops to maintain keeping their sexual orientation a secret if they serve in the U.S. armed forces.
In a statement, Aubrey Sarvis, SLDN’s executive director, urged caution among service members because he said the injunction could be reversed “very soon.”
“During this interim period of uncertainty, service members must not come out and recruits should use caution if choosing to sign up,” Sarvis said. “A higher court is likely to issue a hold on the injunction by Judge Phillips very soon. The bottom line: if you come out now, it can be used against you in the future by the Pentagon.”
As the Pentagon has discontinued enforcement of “Don’t Ask, Don’t Tell” the Obama administration has sought to reverse the injunction. The Justice Department last week sought a stay in Phillips’ decision to bar enforcement of the law while appealing her ruling to the Ninth Circuit.
But Phillips denied the request in a notice issued Tuesday. The judge explains that she denied a stay of the injunction because the U.S. government has provided inadequate reasons for her to take such action.
“Having considered the papers filed in support of, and in opposition to, the Application, as well as the arguments advanced by counsel at the hearing, the Court DENIES the Application for the following reasons as well as those set forth on the record at the hearing,” she writes.
Many legal experts had expected that Phillips would deny the stay. On Monday, she tentatively denied the stay as she heard arguments from attorneys.
In the Tuesday notice, Phillips said she denied the stay because, among other reasons, the injunction wouldn’t impede the U.S. military’s stated goals of having to amend policies and develop education and training programs to adjust to an end to “Don’t Ask, Don’t Tell.” Under Secretary of Defense for Personnel and Readiness Clifford Stanley issued a memo last week outlining this concern.
“Though the Stanley Declaration identifies some general categories of regulations – housing, benefits, re-accession, military equal opportunity, anti-harassment, standards of conduct, and rights and obligations of the chaplain corps – it fails to identify the specific policies and regulations or why they must be changed in light of the Court’s injunction,” Phillips writes.
Phillips also denies that a stay on the “Don’t Ask, Don’t Tell” injunction would serve the public interest because she says evidence at trial demonstrated the law “harms military readiness and unit cohesion, and irreparably injures service members by violating their fundamental rights.”
R. Clarke Cooper, executive director of the Log Cabin Republicans, which filed the lawsuit in 2004, said Phillips is “right to stand with service members by rejecting President Obama’s request to continue this discriminatory policy.”
“It is vital that as a nation we uphold the fundamental constitutional rights of all soldiers, sailors, airmen, marines and coast guardsmen,” Cooper said. ”With recruiters accepting gay and lesbian applicants and a week having passed without incident, it is clear that our military is well-equipped to adapt to open service, and eager to get on with the work of defending our freedom.”
Cooper criticized Obama for previously saying at a town hall that “Don’t Ask, Don’t Tell” would end on his watch while defending the statute in court.
“As commander in chief, the president should drop his defense of a policy which he knows undermines military readiness and threatens national security,” Cooper said.
During a news conference on Tuesday, White House Press Secretary Robert Gibbs emphasized the president’s commitment to repealing “Don’t Ask, Don’t Tell” through legislative means while saying the Justice Department is monitoring what’s happening in the courts.
“The president believes that the policy will end under his watch precisely because in the defense authorization bill pending in the Senate is a provision that would repeal what the president believes is unjust, what the president believes is discriminatory,” Gibbs said. ”It’s passed the House. The president will push for defense authorization to be passed containing that provision when the Senate comes back for the lame duck.”
But whether the Senate would be able to push through “Don’t Ask, Don’t Tell” after Election Day is questionable at best — especially considering Democrats are poised take huge losses and will likely lose control of the U.S. House.
Jim Manley, a spokesperson for Senate Majority Leader Harry Reid (D-Nev.), said in a statement that Republican support would be needed to move forward with major defense budget legislation to which “Don’t Ask, Don’t Tell” repeal language is attached.
“In light of the recent court decision, Republicans will hopefully drop their opposition to [‘Don’t Ask, Don’t Tell] and allow us to pass the [defense] authorization in the lame duck,” Manley said.
The Republican who successfully led a filibuster that derailed the “Don’t Ask, Don’t Tell” repeal legislation in the Senate last month pledged on Sunday to continue his opposition after Election Day.
Sen. John McCain (R-Ariz.) said during a TV interview with the NBC affiliate in Phoenix, Ariz., that he would attempt to block the legislation if a motion to bring the measure to the Senate floor came up during the lame duck.
“I will filibuster or stop it from being brought up until we have a thorough and complete study on the effect of morale and battle effectiveness,” he said.
A Pentagon working group is set to deliver a report to Defense Secretary Robert Gates on the way forward with implementing “Don’t Ask, Don’t Tell” repeal by Dec. 1, although McCain has previously suggested the scope of the study is too limited.
Florida
Intersex teacher alleges Fla. school fired him over perceived trans identity
Shepard Scalf filed a complaint with Equal Employment Opportunity Commission
An intersex teacher in Florida who was fired is alleging in a new Equal Employment Opportunity Commission filing that he was terminated based on assumptions that he was transgender.
Shepard Scalf in the filing says he was assigned female at birth but identifies as male.
According to Monday’s filing with the EEOC, submitted on Scalf’s behalf by the American Civil Liberties Union, the American Civil Liberties Union of Florida, and the law firm of Chanfrau & Chanfrau P.L., the school district fired Scalf on the basis of his sex and the presumption that he is trans.
Scalf was hired for the 2025-2026 school year at Patriot Oaks Academy in the St. Johns County School District to teach language arts to 6th- and 7th-graders, after previously working in another Florida school district.
During the hiring process, Scalf submitted paperwork that disclosed he had been assigned female at birth. He was born with an intersex variation with XY chromosomes, and he lives as and presents as a man.
On Aug. 28, 2025, Patriot Oaks Academy Principal Drew Chiodo scheduled an emergency meeting with Scalf. The principal was directed to read a letter from the school district superintendent informing Scalf that he must either submit his resignation or be fired.
According to the ACLU, Scalf was provided with no legitimate reason for his termination and had not received any prior warnings or disciplinary actions. At the time of his termination, Chiodo told Scalf his work was “exemplary” and that Scalf had “met every expectation.”
“Receiving this ultimatum was confusing and overwhelming. Everything had been going so well — I couldn’t understand why this was happening,” Scalf said. “The start of a school year is always brimming with promise and excitement, and I was looking forward to continuing my teaching career at Patriot Oaks until I was cornered into resigning. It became clear to me that being fired had nothing to do with my qualifications or teaching — it was about who I am.”
According to the filing, Scalf received communications that the termination followed complaints from a parent about his gender identity. However, the filing also claims that his gender identity, sex assigned at birth, and intersex status were never mentioned in his classroom.
In a 2020 ruling, the U.S. Supreme Court in Bostock v. Clayton County found employment discrimination on the basis of actual or perceived sexual orientation or gender identity is a violation of Title VII of the Civil Rights Act of 1964.
The ACLU is claiming that under that ruling, Scalf’s rights under Title VII were violated.
“Six years ago, the Supreme Court held in Bostock v. Clayton County that employers cannot fire someone for being gay or transgender because doing so is discrimination because of sex,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project, in a press release from the ACLU. “The same reasoning protects intersex people, who have long faced discrimination because their bodies and lives do not conform to narrow expectations about what a man or a woman is supposed to be. Mr. Scalf was an exemplary teacher, but despite his performance and qualifications, he was forced out of his job because he did not fit those expectations. As politicians and institutions increasingly seek to police sex and gender, intersex people are too often caught in the crossfire alongside transgender people — but federal civil rights law protects everyone from this kind of discrimination.”
Samantha Past, a staff attorney with the ACLU of Florida, stated in a press release that Florida’s public school system is increasingly hostile towards LGBTQ people.
“At a time when Florida’s public schools are increasingly targeted by disruptive state policies and in the midst of a teacher shortage crisis, St. Johns County School District chose to unlawfully oust a qualified and respected educator. Everyone deserves the opportunity to work and contribute to their community without fear of being targeted because of who they are. Mr. Scalf is no exception,” Past stated.
America 250
Washington Blade publishes ‘Queering America 250’
New magazine chronicles LGBTQ history and contributions to U.S. culture
The Washington Blade this week published a new glossy magazine, titled “Queering America 250,” a look back at the many contributions that LGBTQ people have made to the founding of the country through the present day.
From Colonial times to modern pop culture, the magazine aims to remind readers of some of the many ways queer people have influenced American life.
“As the country commemorates 250 years, we wanted to do our part to ensure LGBTQ contributions to America were not ignored or forgotten,” said Blade Editor Kevin Naff. “As this administration seeks to erase queer identities, it’s more important than ever that we speak up and remind the world that we have always been here and always will be.”
The magazine is divided into chapters addressing queer life in Colonial times, the early 20th century, the late 20th century, and the 21st century. There’s a story about D.C.’s role in LGBTQ visibility; a top 40 moments in queer pop culture piece; and a series of opinion pieces and photo pages from the Blade’s historic archive.
The magazine is free and available across the D.C. region during Pride. It’s also available online.
You can find the magazine here: Annie’s, As You Are, Bunker, Crush, DIK Bar, District Eagle, Green Lantern, Her Diner, Jane Jane, JR.’s, Icon, Kiki, Larry’s Lounge, Little Gay Pub, Nellie’s, Number Nine, Pitchers, Red Bear Brewing, Shakers, Sinners and Saints, Spark Social House, Fireplace, Thurst, Trade, Uproar, Whitman-Walker Health, Destination DC, Mayor’s Office of LGBTQ Affairs, DC Center, SMYAL, HRC, Bite the Fruit, 350 Bakery, Logan 14 Aveda Salon Spa, Vida Fitness U Street and Logan Circle, Freddie’s Beach Bar, Destination Tomorrow. The magazine is also available at D.C. and Northern Virginia libraries.
America 250
As we celebrate 250 years of America, let’s remember our elders
It’s important to acknowledge history and honor pioneering community members
Editor’s note: This is part of the “Queering America 250” LGBTQ history magazine published by the Washington Blade. The glossy magazine is free and available across the D.C. region during Pride.
You can find it here: Annie’s, As You Are, Bunker, Crush, DIK Bar, District Eagle, Green Lantern, Her Diner, Jane Jane, JR.’s, Icon, Kiki, Larry’s Lounge, Little Gay Pub, Nellie’s, Number Nine, Pitchers, Red Bear Brewing, Shakers, Sinners and Saints, Spark Social House, Fireplace, Thurst, Trade, Uproar, Whitman-Walker Health, Destination DC, Mayor’s Office of LGBTQ Affairs, DC Center, SMYAL, HRC, Bite the Fruit, 350 Bakery, Logan 14 Aveda Salon Spa, Vida Fitness U Street and Logan Circle, Freddie’s Beach Bar, Destination Tomorrow. The magazine is also available at D.C. and Northern Virginia libraries.
The United States does not have a monarchy. I do not mean to comment on whether or not we live under tyranny or despotism, or if people live under modern serfdom; I mention that to explain, likely to the chagrin of our current president, U.S. citizens are not rewarded for their accomplishments by becoming a Knight or a Dame.
We do, however, like our awards, including trophies from academies and medals from the executive or legislature. The aforementioned current president likes awards so very much that the U.S. Congress and an international sports association created new awards just to appease him, and the recent winner of the Nobel Peace Prize gifted hers. These incidents will likely be rendered as footnotes in history because of the sheer volume of lunacy we are enduring under this regime of idiocracy.
In entertainment, a coveted status is that of EGOT: the winning combination of receiving an Emmy, Grammy, Oscar, and Tony. I assert that not all EGOTs are equal. Some Emmys and Tonys are received merely by financing productions. Oscars and Grammys have been won because of sympathy for personal tragedy, the nominated veteran performer is considered overdue for a win, or a deceased nominee posthumously wins, as a final sendoff.
Not all awards are created equal. Some are considered prestigious, while others are less notable. As far as awards bestowed upon local entertainers, the Nation’s Capital has very few of the former. Given what I know about their processes, many are decided upon by small groups of often unremarkable people or flawed online procedures. It is not a meritocracy. Ultimately, receiving awards is about who knows you and who likes you. Even more unfortunate is that bias and bigotry play at least as much a part as loyalty or nepotism.
Winners of the Nobel and Pulitzer Prizes receive money, which is something some advocacy groups have done, and I wish more would do. As an outside observer, I find that the local awards for D.C. theater, television, and restaurants seem to have the most cachet. Some other awards that have a precise focus or have only a select few annual honorees are commendable, but many of the rest seem haphazard and disorganized, if not corrupt or simply irrelevant.
While most local awards fail to impress me, be it the categories, the trophies, the ceremonies, or the recipients themselves, I still want people to be recognized, so I nominate them. I point out who is often left out, such as DJs, who not only help to curate nightlife and culture but also enable these organizations to have successful events, including their award ceremonies and receptions.
Over the years, in many an awards nomination process, I have done my best to advocate for people, especially elders, whom I consider unsung heroes or under appreciated trailblazers. My focus is primarily Black LGBTQ people who are local or who hail from the region.
Consistently unacknowledged by local awards are people who are from here and have since gone on to achieve national or international acclaim. Merely from the perspective of production and promotion, and especially prestige, this seems like a missed opportunity.
There are the Black LGBTQ performers who are commonly known to be from this area: Grammy-winning musician and former Duke Ellington student Meshell Ndegeocello, comedian and former NSA employee Wanda Sykes, blues legend and former Fredericksburg science teacher Gaye Adegbalola, and recording artist and former D.C. nightclub performer Kevin Aviance.
There are several accomplished Black LGBTQ actors from this area, including Emmy winner and Duke Ellington graduate Samira Wiley, Helen Hayes Award winner and Howard University graduate Roz White, Emmy winner and graduate of Greenbelt’s Roosevelt High Tramell Tillman, “Noah’s Arc” cast member and Hyattsville native Doug Spearman, “Angel” cast member and former Bladensburg resident J. August Richards, and former “America’s Next Top Model” contestant-turned-actor and Prince George’s County native Isis King. Pioneering transgender actor and singer Sandra Caldwell was born and raised in Washington, D.C.
I also think of people who deserve posthumous recognition, including DJ and music producer Vjuan Allure, poet and D.C. government employee Venus Thrash, and Tony Washington, lead singer of the Motown vocal quintet Dynamic Superiors.
There are others in the performing arts, as well as authors, playwrights, journalists, and content creators, whose notable achievements seem to be unacknowledged locally. It appears one can be revered in certain D.C. circles, but once success is achieved beyond that, that person likely never receives a homecoming. It is reminiscent of U.S.-born showgirl and singer (and later war hero) Josephine Baker, who found success in France, and elsewhere around the world, but is less revered in the nation of her birth.
As some people celebrate 250 years of the United States, I hope we will all think about how we acknowledge history and honor our community members, especially our elders. In my opinion, we can do better. I think there are many people whose accomplishments, big or small, in various arenas, are overlooked. Furthermore, just as I find the flag-waving jingoism that purports itself as patriotism distasteful, I also think that lackluster ceremonies and overpriced trinkets are not the best ways to acknowledge community advocates and activists who particularly need financial support.
At least the aforementioned performers have received national acclaim. While I have not yet been successful in getting any of them honored by local organizations, I was able to acknowledge them here. I give you all your proverbial flowers. Congratulations on your success, and know that some of us see you and are proud of your success.
Zar is the mononynous community advocate, speechwriter, songwriter, and event organizer who founded Team Rayceen Productions in 2014.
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