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Sen. Ensign to support ‘Don’t Ask’ repeal: source (UPDATED)

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UPDATE: In a statement, Jennifer Cooper, an Ensign spokesperson, said the senator is awaiting the upcoming Pentagon working group report on “Don’t Ask, Don’t Tell” and testimony from military service chiefs before making a decision on the issue. Additionally, she said Ensign intends to examine “all the merits” of the defense authorization bill before committing to a vote one way or another and is hoping for a “fully open amendment process.”

The complete statement follows:

“Senator Ensign is waiting on the report from the Pentagon and the testimony of the military chiefs to see if any changes to this policy can or should be done in a way so as not to harm the readiness or war fighting capabilities of our troops. Also, he plans to review all of the merits of the Defense Authorization bill before voting one way or another; hopefully it will be a fully open amendment process.”

Additionally, the Blade obtained a copy of Ensign’s constituent letter on “Don’t Ask, Don’t Tell.” Notably, the letter states that the senator believes that Americans “regardless of the sexual orientation” should be able to “fight and risk their lives in defense of this great nation.”

Still, the letter states that “major changes to personnel structure” during a time of war “could be a major distraction” to the troops’ ability to complete their mission.

The complete letter follows:

Thank you for contacting me regarding the policy of “Don’t Ask, Don’t Tell.” I value the opinions of every Nevadan and am always grateful to those who take the time to inform me of their views.

As you may be aware, during the Clinton Administration, Congress enacted new laws and regulations regarding homosexuals and service in the U.S. military. This compromise, commonly known as “don’t ask, don’t tell,” holds that service members are not to be asked about nor allowed to discuss their sexual orientation. The law also states that any uniformed individual is subject to discharge for engaging in, attempting to engage in, or soliciting prohibited conduct.

It is my firm belief that Americans, regardless of their sexual orientation, should be able to fight and risk their lives in defense of this great nation. As a nation currently engaged in combat in Afghanistan and Iraq, the focus of all decisions affecting military readiness, recruiting and retention, and unit cohesion should be to maximize the success of ongoing operations. Major changes to personnel structure while forces are undergoing intense training and being deployed to combat operations could be a major distraction and could degrade our troops’ ability to successfully complete the mission.

On February 2, Secretary of Defense Robert Gates called for a Department of Defense review of the policy. That review is expected to be completed in December of this year. I believe completing that review is necessary before further action is taken so that the concerns of our service members can be fully understood and addressed. All four of the military service chiefs have requested that the results of the review be in hand before legislative action is taken. As you may know, a federal judge in California recently attempted to supersede this process and ruled in court that the military must stop enforcing “don’t ask, don’t tell.” The Department of Justice has stated that it will appeal this ruling. I strongly oppose over-reaching by activist judges and believe that, once the DoD review is complete, the future of the military policy must be carefully considered by the Congress.

The National Defense Authorization Act (NDAA) for 2011 contains a provision repealing the policy and was recently submitted for consideration by the Senate. The NDAA is traditionally a piece of legislation to which defense-related amendments can be offered, and each provision is extensively debated and considered. Had the NDAA come to the floor, the Senate then would have been able to debate the “don’t ask, don’t tell” policy. Unfortunately, Democrats attempted to use this year’s NDAA as a vehicle for non-defense-related provisions and refused to allow an open and fair bipartisan amendment process. As a result, I voted against consideration of the bill and it did not come to the Senate floor. The NDAA can still be brought to the floor during the lame duck session this year, but Democrats have announced their top three priorities for legislation after the elections and national defense did not make the list.

As a former member of the Senate Armed Service Committee and Ranking Member of its Readiness and Management Support Subcommittee, I assure you that I have the utmost respect for those men and women of our nation who choose to serve in the Armed Forces. I believe it is important to weigh competence, courage, and willingness to serve above all for those enlisting in the military. Please rest assured that I will keep your concerns, and the concerns of all Nevadans, in mind. Thank you, again, for sharing your thoughts with me. Please feel free to contact me in the future on matters of importance to you. Should you have any other questions or comments, please do not hesitate to either write or e-mail me via my website at http://ensign.senate.gov.

—————–

Sen. John Ensign (R-Nev.) wants to repeal “Don’t Ask, Don’t Tell” and intends to vote in favor of moving forward with defense budget legislation containing a provision that would end the law, according to the Stonewall Democratic Club of Southern Nevada.

Laura Martin, communications director for the club, said she and other activists on Thursday met with Margot Allen, Ensign’s regional representative on military issues, who informed the group of Ensign’s opposition to “Don’t Ask, Don’t Tell” and intention to vote for the fiscal year 2011 defense authorization bill, which contains repeal language.

“The first question was about ‘Don’t Ask, Don’t Tell’ and his staffer said he supports repeal,” Martin said. “We asked her to clarify three times and she said he will vote in the affirmative on the defense authorization with ‘Don’t Ask, Don’t Tell’ repeal in it.”

Martin said the question they asked was based on the condition that the vote would come up in December after the Pentagon working group completes its report on implementing repeal of “Don’t Ask, Don’t Tell.”

“We said after Dec. 1, when that report is out, and the defense authorization act is up for a vote with the repeal of ‘Don’t Ask, Don’t Tell,’ will the senator vote in the affirmative to pass it?” Martin said. “And she said, ‘He will.’ And we asked her to clarify that two more times and she said, ‘Yes, he wants it repealed.'”

Calls to Ensign’s office weren’t returned on short notice.

Ensign voted against the cloture vote on the motion to proceed to the defense authorization bill in September. During the summer, the Nevada senator told the Washington Blade in a brief exchange on Capitol Hill that he has “concern” about repealing “Don’t Ask, Don’t Tell.” However, Ensign said this concern was based on Congress acting before the Pentagon working group report was complete.

“The problem is you can’t go out and say to the military chiefs, ‘We’re going to survey you and see what you all think,’ and then you pass the bill to repeal it,” Ensign said at the time. “So the study should come first and then you can talk about the repeal or not of [‘Don’t Ask, Don’t Tell’]. So, yes, it is a concern simply because the study’s not done.”

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Congress

Goodlander endorses Pappas’s Senate bid

Announcement puts gay congressman on the path to securing his party’s nomination

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U.S. Rep. Chris Pappas (D-N.H.) (Washington Blade photo by Michael Key)

U.S. Rep. Maggie Goodlander (D-N.H.) on Thursday announced she will not run to represent her state in the U.S. Senate, endorsing gay U.S. Rep. Chris Pappas’s (D-N.H.) bid for the seat of retiring U.S. Sen. Jeanne Shaheen, putting him on the path to secure the Democratic nomination.

“We are in the fight of our lifetimes right now, of a moment of real crisis and challenge,” she said. “I feel humbled and grateful to so many people across our state who have encouraged me to take a look at the U.S. Senate, and after a lot of thought and conversations with people I love and people I respect and people who I had never met before, who I work for in this role right now, I’ve decided that I’m running for re election in the House of Representatives.”

When asked by a reporter from the ABC affiliate station in New Hampshire whether she would endorse Pappas, Goodlander said, “Yes. Chris Pappas has been amazing partner to me in this work and for many years. And I really admire him. I have a lot of confidence in him.”

She continued, “He and I come to this work, I think with a similar set of values, we also have really similar family stories. Our families both came to New Hampshire over 100 years ago from the very same part of northern Greece. And the values that he brings to this work are ones that that I really, really admire. So I’m proud to support him, and I’m really excited to be working with him right now because we’ve got a lot of work to do.”

“Maggie Goodlander has dedicated her career to service, and we can always count on her to stand up to powerful interests and put people first,” Pappas said in a post on X. “I’m so grateful to call her my friend and teammate, and I’m proud to support her re-election and stand with her in the fights ahead.”

Earlier this month, former New Hampshire Gov. Chris Sununu, a Republican, announced he would not enter the Senate race, strengthening the odds that Democrats will retain control of Shaheen’s seat.

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Congress

EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.

Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.” 

Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.

In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.  

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.

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Congress

House Republicans advance two anti-trans education bills

Congresswoman Jahana Hayes, LGBTQ groups slammed the effort

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U.S. Rep. Tim Walberg (R-Mich.) chair of the House Education and Workforce Committee (Photo public domain)

Republicans members of the House Education and Workforce Committee advanced two anti-transgender bills on Wednesday, one that would forcibly out students in public elementary and middle schools to their parents and a second covering grades K-12 that critics have dubbed a “don’t say trans” bill.

More specifically, under the PROTECT Kids Act, changes to “a minor’s gender markers, pronouns, or preferred name on any school form or sex-based accommodations, including locker rooms or bathrooms” could not be made without parental consent, while the Say No to Indoctrination Act would prohibit schools from teaching or advancing “gender ideology” as defined by President Donald Trump’s anti-trans Jan. 20 executive order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.

U.S. Rep. Jahana Hayes (D-Conn.), who was named national teacher of the year before her election to Congress, rose to speak out against the bills during the committee’s convening on Wednesday.

“Curriculum does not include teaching students to be something else. Curriculum does not include indoctrinating students to identify as gay or LGBTQ or other or anything. But federal law mandates that all students have civil rights protections,” she said.

The congresswoman continued, “I don’t really understand what the members of this committee think happens in schools, but my question is, what do we do with these children? The children who you are saying, on this committee, don’t exist, the children who are struggling with their identity and often times confide in their teachers and ask for support and help.”

“What we’re doing in this committee is focusing on a small population of students who are at a point in their life where they are struggling and school may, for many of them, feel like the only safe place or the only place where they can get support, or the only place where they can speak to a counselor,” Hayes said.

“And as a teacher, I don’t care if it was just one student that I had to reassure that they were important and they were valued and they belonged here,” she said. “I’m going to do it, and anyone who has dedicated their life to this profession will do the same. So the idea that you all feel okay with arbitrarily erasing, disappearing people, making them think that they they don’t exist, or they don’t have a place in schools, or the curriculum should not include them, or whatever they’re feeling should not be valued, considered, Incorporated, is just wrong.”

“So I will not be supporting this piece of legislation, as if that was not already evident, and I will be using all of my time, my agency, my energy, my advocacy, to ensure that every student,” Hayes said, “feels valued, respected, important and included in the work that I engage in on this committee.”

The congresswoman concluded, “when you are in a classroom and you are a teacher, and that door closes and a student falls in your arms and says to you, I am struggling, and I can’t go home with this information, and I need Help, you have a moral responsibility to help that child or you are in the wrong profession. I yield back.”

The Congressional Equality Caucus slammed the bills in an emailed statement from the chair, U.S. Rep. Mark Takano (D-Calif.), who noted that the legislation comes as “Donald Trump is illegally trying to dismantle the Department of Education and pass tax cuts for billionaires.”

“Extreme Republicans in Congress are trying to distract Americans by advancing cruel, anti-trans legislation,” said the congressman, who is gay. “School districts, teachers, and staff best understand how to draft age-appropriate, inclusive curriculums and craft policies that both respect the important role parents play in children’s education and the importance of students’ safety.”

“Yet, Republicans’ Don’t Say Trans Act would cut critical funding for schools if their teachers teach lessons or include materials that simply acknowledge the reality of trans peoples’ existence,” Takano added. “Republicans’ forced outing bill would put kids in danger by requiring schools that want to take certain steps to affirm a transgender student’s identity to forcibly out them to their parents — even if the school knows this will put the student’s safety at risk.”

The caucus also slammed the bills in a series of posts on X.

The Human Rights Campaign also issued a statement on Wednesday by the organization’s communications director, Laurel Powell:

“Instead of putting our dangerous President in check and tackling the American economy’s free fall, House Republicans showed where their priorities lie — giving airtime to junk science and trying to pass more anti-LGBTQ+ legislation.

“Forcing teachers to ‘out’ trans youth rather than supporting them in coming out to their families and demanding that schools ignore the trans students who sit in their classrooms is a craven attempt to distract people from economic disaster by vilifying children.

“Even as they fire people whose jobs were to make sure schools have the resources they need, the Trump administration and their allies in Congress continue to attack vulnerable young people to score points with the far right.”

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