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‘Don’t Ask, Don’t Tell’ repeal ‘barely hanging on’

Activists apply last-minute pressure to White House, Senate

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The prospects for repealing “Don’t Ask, Don’t Tell” this year continue to fade as LGBT advocates pressure the White House and Congress in hopes that lawmakers will take action before they adjourn for the year.

One Senate Democratic aide, who spoke to the Washington Blade on condition of anonymity, said repeal — currently pending before the U.S. Senate as part of the fiscal year 2011 defense authorization bill — is “barely hanging on with life support.”

“The only way to resuscitate this effort and get a ‘Don’t Ask, Don’t Tell’ vote is for President Obama and [Defense Secretary Robert] Gates to start pushing directly, something we on the Hill had expected the president and Gates to do long ago,” the aide said.

Frustration over the lack of movement on “Don’t Ask, Don’t Tell” prompted activists affiliated with GetEQUAL to take action on Monday and chain themselves to the White House fence in an act of civil disobedience.

The 13 protesters included Lt. Dan Choi, a gay Iraq war veteran who was discharged under “Don’t Ask, Don’t Tell” this year, and Robin McGehee, co-founder and director of GetEQUAL.

In a statement, GetEQUAL said three generations of LGBT activists were arrested as a result of the action. Others who were arrested include former Marine Corps Sgt. Justin Elzie, who became the first Marine discharged under “Don’t Ask, Don’t Tell” in 1993, as well as Michael Bedwell, a long-time advocate of LGBT rights and open service in the U.S. military.

As the protesters were chained to the White House fence, Choi called on President Obama to act on his promise to end “Don’t Ask, Don’t Tell.”

“After all his rhetoric, I think we must conclude that there is truth to the knowledge in homophobia of both sorts: there is a loud homophobia of those with platforms and there is a silent homophobia for those who purport to be our friends and do nothing,” Choi said. “Loud homophobia and silent homophobia have the same result. They must be combated and this is what we intend to do today.”

While the protesters were chained to the White House fence, they chanted the often-used GetEQUAL refrain of “I am … somebody … and I deserve … full equality.” The protesters also added a new refrain, “Barack Obama … Silent Homophobia!”

The protesters superglued their handcuff locks, and, despite repeated warnings from U.S. Park Police, didn’t remove themselves from the White House fence. As police forcibly removed the activists, they dragged their feet as they were hauled into a paddy wagon. It took five police officers to remove Choi from the fence, handcuff him and drag him to the van.

Army Capt. Jim Pietrangelo II, who previously was arrested for chaining himself to the White House, led the chants of the protesters with a bullhorn from Lafayette Park and shouted out to Obama as police dragged the activists away.

“Why are these courageous heroes having to be arrested now?” he shouted. “Mr. President, could you follow the lead of these brave Americans and stop ‘Don’t Ask, Don’t Tell?’”

Pietrangelo called on Obama to issue an executive order to stop the discharges under the military’s gay ban.

In a statement, Shin Inouye, a White House spokesperson, responded to the protest and said Obama is committed to legislative repeal of “Don’t Ask, Don’t Tell.”

“As we have said repeatedly, the president remains committed to a legislative repeal of ‘Don’t Ask, Don’t Tell,’” Inouye said. “The White House continues to work with Congress toward achieving that comprehensive and lasting solution.”

On Wednesday, White House Press Secretary Robert Gibbs expounded on Obama’s commitment to legislative repeal of “Don’t Ask, Don’t Tell” as he acknowledged that the president hasn’t yet reached out to senators to lobby them on the issue.

Asked whether Obama had made any phone calls to “swayable senators” such as Susan Collins (R-Maine), who voted “no” on moving forward with the defense authorization bill in September, Gibbs replied that he doesn’t believe the president has spoken to the Maine senator on the issue.

But Gibbs said he’d put passage of the defense authorization bill in the “same category” for passage as other items he mentioned that Obama wants to see in lame duck, resolving a tax cut issue and ratification of the START Treaty, a nuclear arms reduction agreement with Russia.

“The president believes that this can be done in a way, and should be done, as you heard Secretary Gates and others say, in the next few weeks,” Gibbs said.

Amid doubts about whether the White House would push aggressively for “Don’t Ask, Don’t Tell” repeal this year, Senate leaders are reportedly considering dropping the repeal language from the defense authorization bill to move forward.

Senate Armed Services Committee Chair Carl Levin (D-Mich.) reportedly acknowledged to reporters on Tuesday that taking the repeal provision out of the defense bill is on the table.

“I’m trying to get the bill through Congress,” Levin was quoted as saying. “I’m the committee chairman for a 900-page bill. ‘Don’t Ask, Don’t Tell’ is two pages of 900 pages. My focus is different from the media focus. I’m just trying to get a bill passed.”

Levin maintained that he wants get both passage of the defense authorization bill and repeal of “Don’t Ask, Don’t Tell,” but added “if I can’t get both done, I want to get one of them done.”

The White House issued a statement last week saying it opposed stripping the defense authorization legislation of its repeal language. Gibbs reiterated that position during the press conference.

“We ought to keep this in the defense authorization bill, we ought to pass this in the defense authorization bill, and we ought to end the policy that the courts are rapidly getting close to ending on a timetable that those in the bureaucracy might not [like],” Gibbs said.

Additionally, activists continued to pressure Senate Majority Leader Harry Reid (D-Nev.), who’s responsible for the legislative calendar in the chamber, to bring up the defense authorization bill with the repeal language.

On Monday, the staff for Senate Majority Leader Harry Reid (D-Nev.) offered non-answers to LGBT activists and veterans pressing for a commitment from the senator to bring “Don’t Ask, Don’t Tell” repeal to a vote in the lame duck session of Congress.

A group of about 20 activists affiliated with GetEQUAL — including nine LGBT veterans led by Choi — came to Reid’s Senate office in the Hart Office Building to demand answers on when the Nevada senator would move forward with major defense budget legislation containing repeal of the military’s gay ban.

“We’re here to essentially ask a very important question,” Choi said. “When is Sen. Harry Reid going to put the [fiscal year 2011 defense authorization bill] to a vote that’s inclusive of ‘Don’t Ask, Don’t Tell?’”

But the staffers offered no definitive answers to the inquiries on the defense bill, which is currently pending before the Senate, and said Reid is planning to meet with Senate Minority Leader Mitch McConnell (R-Ky.) later this week to discuss which legislative items would come up before lawmakers adjourn for the year.

A deputy chief of staff for Reid, who didn’t offer his name during the meeting, referred activists to a congressional military fellow and member of the U.S. Army in Reid’s office, who took activists’ questions and said he’d obtain responses for them. Reid’s office didn’t immediately respond to the Blade’s request to identify the staffers.

The source said he couldn’t give a date for when Reid intends to schedule the defense authorization bill for a vote.

“If I told you it’s Tuesday and it doesn’t come up until Wednesday — they’ve got three other cloture votes that they’ve got to get through this week,” the source said. “There are other things that are going on this week.”

The source maintained that passage of the defense authorization bill is “one of the bills that has to be done this year” because the legislation provides funding for the Pentagon and operations in Iraq and Afghanistan.

Still, activists insisted that Senate passage of the defense authorization bill with “Don’t Ask, Don’t Tell” repeal be done before the end of the year and pressed staffers on whether that would happen before Thanksgiving recess.

Most repeal supporters anticipate that the Senate would need two weeks to debate and vote on the defense authorization bill and that scheduling the vote early in lame duck is important.

Asked whether he could say whether the vote would come up before Thanksgiving, the Reid source replied, “I cannot.”

In a statement to the Blade, Jim Manley, a Reid spokesperson, said there’s “nothing new yet” with regard to scheduling decisions on the defense authorization bill.

In addition to questions about scheduling, the LGBT advocates also sought assurances that Reid wouldn’t strip the defense authorization bill of its “Don’t Ask, Don’t Tell” repeal provision before bringing it to the floor.

The Reid source said he “couldn’t tell you one way or another” whether the option of passing the defense authorization bill without the “Don’t Ask, Don’t Tell” repeal language is on the table.

“I honestly don’t know,” he said. “Because I am a fellow that’s one of the things that — I can look into it.”

Additionally, activists inquired about what Reid had done with Choi’s West Point graduate ring, which the Iraq veteran had given to the senator at the Netroots Nation conference in the summer to remind Reid of his commitment to repeal the 1993 law.

McGehee asked whether Reid was keeping the ring in a shoebox or in his desk and whether he has “forgotten that he made a promise in July.”

The fellow said he would look into the whereabouts of Choi’s ring.

At one point, McGehee called the fellow a “token military person” that Reid’s staff brought out to “act like” he knows LGBT issues.

“In my opinion, Sen. Reid has had the time to show the leadership, my parents are constituents of his state, and I feel like he’s failed not only them as constituents, but Lt. Choi, as a promise that he made in July,” McGehee said.

McGehee’s remarks riled the deputy chief of staff, who insisted the fellow wasn’t a token and that he was brought out because staffers thought he was the most appropriate person to answer questions.

In response, McGehee maintained activists weren’t shooting the messenger, but said if Reid wouldn’t give a commitment that “Don’t Ask, Don’t Tell” would come up before the Senate by the end of the year, activists would be back.

“It’s in his hands now,” she said.

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

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.

“Suicide 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 Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”

“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.”

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.

“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”

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 agency’s chronic disease programs.”

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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

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re 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.”

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 Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  “Ensuring 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.”

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.

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U.S. Supreme Court

LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP

Kennedy v. Braidwood oral arguments heard Monday

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HHS Secretary Robert F. Kennedy, Jr. (Washington Blade photo by Michael Key)

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.”

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 Law’s 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 “Ending the HIV Epidemic” begun under Trump’s first term will be continued.

“Today’s 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.”

Lambda Legal HIV Project Director Jose Abrigo said, “The Braidwood case is about whether science or politics will guide our nation’s 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, “What’s 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 group’s rights is an attack on all.”

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.”

“Today’s 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 — 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 Act’s 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.”

“We 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 plaintiffs’ arguments today were cloaked in esoteric legal language, at it’s heart, this case revolves around the Christian Right’s 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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