National
Pentagon study leaks are aiding repeal effort
Media reports influencing fence-sitting senators: advocates
Capitol Hill observers say recently leaked details about the upcoming Pentagon study on āDonāt Ask, Donāt Tellā are having a positive influence on the effort to repeal the militaryās gay ban.
Meanwhile, some repeal advocates anticipate that congressional hearings will be held on the study before action on repeal is wrapped up.
Alex Nicholson, executive director of Servicemembers United, said āit’s undeniableā that the leaked findings were āextremely helpfulā to repeal advocates.
āWhether or not it’ll take us across the tipping point, I don’t know,ā he added. āThat’s anybody’s guess. It’s undeniable that it moves us more in that direction, but people disagree on where that tipping point is.ā
R. Clarke Cooper, executive director of the Log Cabin Republicans, said media reports on the Pentagon working group study are still too recent to properly assess their impact on convincing Republicans to vote in favor of repeal. Still, he said he’s confident the findings will ābring in additional votes.ā
āIt’s certainly a bolster to the case we’ve been making with Republican lawmakers and their staff that the study is beneficial, it’s very thorough and the terms that Defense Secretary Robert Gates laid out are very clear,ā Cooper said.
Repeal advocates said they hope the leaks, which were published in the Washington Post, will bolsters efforts in the Senate to pass the fiscal year 2011 defense authorization bill, which contains language to end āDon’t Ask, Don’t Tell.ā A previous vote to move forward with the legislation in September didn’t meet the 60-vote threshold to make it to the Senate floor.
On Wednesday evening, the Washington Post reported that the results of a survey sent to 400,000 U.S. service members over the summer as part of the Pentagon working groupās efforts will reveal that more than 70 percent of respondents think the effect of ending āDonāt Ask, Donāt Tellā would be positive, mixed or nonexistent. A similar report was published Thursday in The New York Times.
These survey results reportedly led study authors to conclude that objections to gays serving openly in the U.S. military would drop after the implementation of open service. The deadline for completing the study and delivering it to Defense Secretary Robert Gates is Dec. 1.
According to the Washington Post, the working group report is about 370 pages long and is divided into two sections. The first section examines whether ending āDonāt Ask, Donāt Tellā will harm unit readiness or morale. The second part offers a plan for ending enforcement of the law. This second section is not meant to serve as the militaryās official instruction manual on the issue, but could be used as such if military leaders agreed.
A Democratic aide, who spoke to the Blade on condition of anonymity, said reporting on the Pentagon working group study is infusing pro-repeal efforts āwith a newfound energy.ā
āSome pro-repeal senators are already touting the findings in discussions with their colleagues, in hopes of galvanizing sufficient support for repeal,ā the aide said. āThe repeal effort was being hampered by the lack of a completed Pentagon study, but with the study complete ā and showing that repeal can be implemented ā the anti-repeal effort suddenly seems disingenuous.ā
Joe Solmonese, president of the Human Rights Campaign, called on the Pentagon to make the working group report public.
āWith the Senate soon turning its attention again to military policy, the results of the Pentagon review should be made available as soon as possible so undecided Senators are well informed,ā Solmonese said.
But the leaked findings have already riled social conservatives seeking to keep the ban on open service in place. On Thursday, Tony Perkins, president of the Family Research Council, noted he’s previously taken exception to the Pentagon working group report because he said the scope of the study isn’t appropriate.
āWe have criticized this study from the outset because the [Pentagon working group] was forbidden to explore the central question before the country ā not how to implement a repeal of the current law, but whether doing so is in the best interest of the armed forces,ā Perkins said. āThe surveys of service members and their spouses, which were conducted as part of this process shared the same flaw, since they never asked, āDo you believe the current law should be overturned?’ā
Perkins called on Gates to direct the Pentagon’s inspector general to investigate the source of the leaks and said the leaks to media outlets have āseriously damaged the credibilityā of the Pentagon’s review process.
Reporting on the Pentagon study could influence a number of key U.S. senators who have said they want to see the results of the survey before acting on legislation.
A Republican aide, who spoke on condition of anonymity, said the media reports on the Pentagon’s study are having a āpositiveā impact on influencing those lawmakers to support āDon’t Ask, Don’t Tellā repeal.
āMembers who have said let’s wait for the report don’t have much to turn to when the report comes out supportive,ā the aide said.
Nicholson said senators who’ve āhinged their vote on the outcome of this reviewā could vote for a motion to proceed on the defense authorization bill, then use the report to guide their decision on a potential amendment related to the āDon’t Ask, Don’t Tellā language after the bill comes to the floor.
āGiven the fact that the way it’s set up is that they can take a vote on cloture before Thanksgiving or before the report comes out … then that, in theory, doesn’t conflict with their stance because they’ll get to take a vote on āDon’t Ask, Don’t Tellā after the report comes out,ā Nicholson said.
The Center for American Progress has identified 10 senators and senators-elect who’ve said they want the Pentagon to complete the study before Congress acts on the military’s gay ban.
Among them are Sens. Scott Brown (R-Mass.), Lindsey Graham (R-S.C.), Judd Gregg (R-N.H.), John McCain (R-Ariz.), Mark Pryor (D-Ark.), Olympia Snowe (R-Maine), George Voinovich (R-Ohio) and Jim Webb (D-Va.). The newly elected senators who, because of state election laws, are expected to take their seats during the lame duck session ā Mark Kirk of Illinois and Joe Manchin of West Virginia ā have also made statements along those lines.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said there have been āno concrete changes yetā on the positions of the senators and senators-elect since the publication of the media reports on the Pentagon’s findings.
āOverall, I think it’s a positive to have the stories out there and now we need to see the report itself,ā Sarvis said.
The Blade contacted all of those senators and senators-elect for comment. Only Webb’s office immediately responded. The Virginia senator has previously withheld support for repeal and said he wants to wait for the Pentagon survey results.
According to Webb’s office, the senator’s position hasn’t yet changed. Will Jenkins, a Webb spokesperson, said the senator āis awaiting the release of the final report so he can review the official survey result.ā
But Nicholson said Webb’s support for repeal is of limited importance because the Virginia Democrat already voted in favor of cloture on the defense authorization when Senate leadership tried to move it to the floor in September.
āWebb voted for cloture, so it really doesn’t even matter,ā Nicholson said. āIf we can just get past that hurdle, we don’t need everybody on board for the motion to strike vote. So in theory, we don’t really need Webb.ā
One open question is whether the results of the Pentagon working group report would prompt hearings in the Senate Armed Services Committee and whether those hearings will prevent the Senate from moving forward with the defense authorization bill and āDon’t Ask, Don’t Tellā repeal.
The Democratic aide said it’s āunknownā whether the report would prompt hearings in the committee, although such a scenario is possible.
āBut McCain, for example, could try to force hearings … and [Senate Armed Services Committee Chair Carl] Levin could relent to McCain’s request,ā the aide said.
Nicholson said he believes there will ādefinitely be a call for hearingsā as a result of the Pentagon working group’s findings.
Lawmakers like McCain, Nicholson said, will want hearings to ātear the review apartā and ādiscredit everything they’ve done and just try to find ways to poke holes in the eventuality that’s coming.ā Still, he said moderate senators would want hearings for different reasons.
āI would expect that they would also support hearings, but I think it remains to be seen whether or not they would let their desire for hearings obstruct moving forward on this right now,ā Nicholson said.
Nicholson noted the āDon’t Ask, Don’t Tellā language provides for a 60-day review period that is āsupposed to be exactly forā congressional review, such as hearing testimony. The review period begins after President Obama, the defense secretary and the chairman of the Joint Chiefs of Staff certify the U.S. military is ready for repeal.
Sarvis said the decision about whether to hold hearings is up to Levin and said he āmay schedule hearings this year and next year.ā Still, Sarvis said the hearings wouldn’t necessarily delay congressional action on āDon’t Ask, Don’t Tell.ā
āI don’t know that the hearings would necessarily get in the way of floor consideration because committee hearings are usually held in the mornings, and the mornings in the Senate is not a time when the Senate usually is voting,ā Sarvis said.
UPDATE: In a statement Friday, Geoff Morrell, a Pentagon spokesperson, said Gates is “very concerned and extremely disappointed” that Pentagon sourcesĀ have leaked information about the “Don’t Ask, Don’t Tell” report and said he’sĀ launching an investigation into the matter.
āThe Secretary strongly condemns the unauthorized release of information related to this report and has directed an investigation to establish who communicated with the Washington Post or any other news organization without authorization and in violation of Department policy and his specific instruction,” Morrell said.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
āSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifelineās LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens ā it will put their lives at risk,ā they said in a statement. āThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nationās young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
āI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā said Janson Wu, director of advocacy and government affairs at the Trevor Project. āI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end ā and that will only deepen their crisis.ā
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agencyās chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
āLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. āThey matter so students can see themselves and their families in the books they read ā so they can know theyāre not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Womenās Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
āAll students benefit from a school climate that promotes acceptance and respect,ā said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. āEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
U.S. Supreme Court
LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP
Kennedy v. Braidwood oral arguments heard Monday

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.
Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.ā
The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Lawās Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.
The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.
While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.
Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the āEnding the HIV Epidemicā begun under Trump’s first term will be continued.
āTodayās Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”
She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.ā
Lambda Legal HIV Project Director Jose Abrigo said, āThe Braidwood case is about whether science or politics will guide our nationās public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”
“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”
He continued, “Whatās at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one groupās rights is an attack on all.ā
PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”
He continued, “Implementing cost-sharing would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”
“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.ā
āTodayās oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities ā it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”
She continued, “Since the Affordable Care Actās preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”
“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”
“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.ā
āWe are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”
“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffsā arguments today were cloaked in esoteric legal language, at itās heart, this case revolves around the Christian Rightās objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”
“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.
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