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.
National
Blade reporters reflect on covering Pulse massacre 10 years ago
Orlando stepped up to comfort and support its LGBTQ community
Friday marks 10 years since a gunman killed 49 people inside the Pulse nightclub in Orlando, Fla.
The massacre, which, at the time was the deadliest mass shooting in modern U.S. history, left the LGBTQ community in this country and around the world reeling. It also prompted renewed calls for gun control.
The OnePulse Foundation, which Pulse owner Barbara Poma founded after the massacre, raised upwards of $20 million for a memorial that never materialized.
The city of Orlando in 2023 purchased the Pulse property for $2 million. Crews earlier this year demolished the former nightclub. The city of Orlando has pledged $12 million for a permanent memorial that is scheduled to open in 2027.
Washington Blade Editor Kevin Naff and International News Editor Michael K. Lavers reported from Orlando in the days after the massacre. Here are their reflections a decade later.
Describe the scene when you arrived in Orlando. Where did you go first?
NAFF: Most mainstream reporters headed for the Pulse nightclub, but it was already roped off with police keeping bystanders at least a full city block away. Instead, I hurried to The Center, Orlando’s LGBTQ community center, downtown. I expected to find it locked down with tight security but instead the doors were flung open and everyone inside was busy at work. No tears, just dedicated staff and volunteers working the phones to secure visas and free plane tickets for relatives of the victims. The director gave me a tour and in the back storage room were pallets and pallets of bottled water stacked to the ceiling. When I asked what all the water was for, he said the city had issued a call for blood donations and the lines to donate were 1,500 deep in 100-degree heat. So The Center drove around to all the sites to deliver water to all those standing in line.
That scene was so inspiring and a testament to the strength and resiliency of the LGBTQ community. We’d seen tragedy before and knew how to respond.
LAVERS: I arrived in Orlando about 14 hours after the massacre took place. The city was shellshocked.
Equality Florida, the state’s LGBTQ advocacy group, and other organizations held a press conference at The Center shortly after my flight from D.C. landed. I drove there from the airport. Terry DeCarlo, who was The Center’s executive director at the time, along with then-Equality Florida Executive Director Nadine Smith and others spoke on behalf of a community that was reeling. The Center at the press conference handed out business cards that read, “You matter.” I had it in my wallet when I drove to a makeshift memorial that was a block from Pulse — the police had cordoned off the area immediately around the nightclub. A local resident who I interviewed told me that she did not know if her friends who were at Pulse when the gunman opened fire survived. Another person with whom I spoke shared a similar story.
A torrential downpour began shortly after I arrived. The storm was an apt metaphor for the raw emotion of that horrific day.
What’s your most prominent memory of covering the Pulse massacre?
NAFF: I was covering a vigil in downtown Orlando when then-Florida Gov. Rick Scott’s motorcade arrived unannounced. To that point, he had not addressed the LGBTQ angle and seemed to be downplaying the fact that this was an attack on our community. I hurried to the front row as he held an impromptu news conference. To my dismay, he took only three short questions from TV reporters then rushed away. I grabbed his communications director and insisted that Scott take a question from the LGBTQ media. She agreed and told me to wait next to the SUV. When Scott approached, I asked him, “What is your message to LGBTQ Floridians?”
To my surprise, he sputtered, stammered, and broke into tears before telling me, “This was an attack, what else can you say? This was an attack against the gays, an attack against Hispanics, an attack against our country, our nation and it’s disgusting. The biggest thing we do now is ask how to make sure this doesn’t happen again.”
It was his first public acknowledgment that the LGBTQ community was the target of the attack.
LAVERS: Two moments stand out for me.
The first moment is when then-President Barack Obama and then-Vice President Joe Biden traveled to Orlando on June 16, four days after the massacre. I was one of the reporters who the White House asked to be part of the local press pool. I was about 50 feet away from Obama and Biden when they placed bouquets with 49 flowers — one for each of the victims — at a makeshift memorial between City Hall and the Dr. Phillips Center for the Performing Arts in downtown Orlando. Obama in remarks he made to the press pool mentioned one of the gay victims who had once said, “We cannot be afraid.” The emotions of the last four days simply became too much, and I broke down. Another reporter who was part of the press pool who was standing next to me realized I had broken down. She put her hand on my back to console me.
The second moment came a few weeks later when I was in Puerto Rico to cover the community’s response to the massacre and to interview victims’ relatives. Orlando has a very large Puerto Rican community, and nearly half of those who died at Pulse were of Puerto Rican descent.
I drove to Caguas, a city that is roughly 20 miles south of San Juan, the island’s capital, on July 7, and interviewed Aida Velázquez in her small apartment. Her son, Frankie “Jimmy” de Jesús, died at Pulse. Aida talked about her son, and she showed me pictures of him. Jimmy also danced Jíbaro, a Puerto Rican folk dance. The interview took place less than a month after the massacre — Jimmy’s funeral took place in Caguas less than two weeks earlier.
I sat in my car after the interview and sobbed uncontrollably for nearly five minutes. Nothing can possibly prepare you for interviewing a mother who had just lost her child in the most horrific way possible.
How did the local community respond and what about their response gave you hope or inspiration?
NAFF: In addition to the staff at The Center working to assist victims and their families, everyday Orlando residents stepped up to help however they could. At the downtown vigils, straight mothers and fathers carried signs offering hugs to anyone who needed them. I encountered a group of young teenage males who approached a group of law enforcement officers and appeared to perform for them. When they finished, I asked what they were doing and they told me that they were straight friends who lived in Orlando and wanted to do something to help so they composed an uplifting rap song and walked around performing it for anyone who needed cheering up.
LAVERS: The way that Orlando rallied around the LGBTQ community was simply inspiring.
Imam Muhammad Musri, president of the Islamic Society of Central Florida, at a memorial service that took place at the Dr. Phillips Performing Arts Center on June 13 said his organization was “united as Americans when it comes to standing with the LGBT community and their rights to live freely and to practice their lives here.” This comment underscored the outpouring of support that Orlando showed its LGBTQ community after Pulse. It was also a call for the better angels among us to reject hate in all of its forms.
What surprised you most about the experience?
NAFF: I was most surprised — and moved — after talking to Rev. Debreita Taylor of Oasis Fellowship Ministries, an LGBTQ-affirming ministry.
“My message is love. Period. Love. Period. There’s nothing in the word of God that faith leaders can go to that teaches hate,” she told me. “Have faith and believe that evil and hate can be eradicated one person at a time. How do you treat someone? How do you embrace someone who treats you wrong? We all bleed, laugh, hope and have great victories and major defeats. And so, you know me, even if you don’t know my name — I’m you.”
LAVERS: It admittedly took me quite a while to fully process what I experienced in Orlando — I was focused on doing my job as a reporter, which was to cover the story, and, most importantly, show the human impact of what had happened. I suppose one surprising aspect of the time I spent in Orlando was that I found myself feeling more defiant against those who seek to destroy our community. They want us to live in fear, and I refuse to give them that satisfaction.
What, if anything, changed as a result of Pulse?
NAFF: In the immediate aftermath of the attack, queer spaces began rethinking their approach to security, which has served us well in the years since. Sadly, just a year later, Pulse was bumped to the No. 2 deadliest mass shooting in U.S. history when a gunman opened fire on the Route 91 Harvest music festival in Las Vegas, killing 60 people. Americans and their politicians never learn from these largely preventable tragedies. The carnage continues.
LAVERS: Gun violence remains a shameful scourge in this country. Our community remains vulnerable to violence and discrimination. President Donald Trump, Vice President JD Vance, and other politicians here in Washington, around the country, and overseas continue to use our community to advance an anti-equality agenda. The carnage continues, as my colleague correctly notes, but our community remains strong and defiant. That gives me hope.
National
Queen Jean is Tony’s first transgender winner
Designer/activist wins for work on ‘Cats: The Jellicle Ball’
It was a historic night at the 79th annual Tony Awards on Sunday as Queen Jean won the award for Best Costume Design of a Musical, making her the first out transgender person to win a Tony.
“This experience has been monumental. We are here for the legacy of queer people, trans people,” she said. “We are taking up space in ways we have to take up space. We have to shift the paradigm. So I just want to say, thank you all so much for this incredible honor. The world right now is deeply, deeply combating so many ailments, and we know as a society that when we come together, we can make real, permanent change.”
She won the award for her work on “Cats: The Jellicle Ball” and was also nominated for best costume design of a play for “Liberation.”
In addition to her stage work, Queen Jean is the founder of Black Trans Liberation, an organization that supports trans and gender-nonconforming people in New York City.
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.
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