National
Report finds limited difficulty in lifting ‘Don’t Ask’
Gates urges Congress to repeal ban by year’s end


Defense Secretary Robert Gates has renewed his call for Congress to repeal "Don't Ask, Don't Tell" by the year's end. (Blade photo by Michael Key)
The Pentagon on Tuesday released its long-awaited “Don’t Ask, Don’t Tell” report — which foundĀ open service can be implemented in the armed forces with limited disruption to the military — as Defense Secretary Robert Gates renewed his call for Congress to repeal the gay ban by the year’s end.
“Now that we have completed this review, I strongly urge the Senate to pass this legislation and send it to the president for his signature before the end of this year,” Gates said during a news conference.
GatesĀ continued that legislative repeal of “Don’t Ask, Don’t Tell” is a “matter of some urgency” because of pending litigation that could strike down the statute.
“It is only a matter of time before the federal courts are drawn once more into the fray with the very real possibility that this change would be imposed immediately by judicial fiat — by far the most disruptive and damaging scenario I can imagine,” Gates said.
Still,Ā the defense secretaryĀ also said the military would need some time to prepare for open service even after Congress repeals the statute.Ā Gates noted that pending legislation before Congress wouldĀ endĀ “Don’t Ask, Don’t Tell” only after he, the president and the chairman of the Joint Chiefs of Staff certify that the U.S. military is ready for repeal.
“I believe it would be unwise to push ahead with full implementation of repeal before more can be done to prepare the force — in particular, those ground combat specialties and units for what could be a disruptive and disorientating change,” Gates said.
Gates said he doesn’t know how long it would take for the U.S. military to make the changes necessary before he can certify that open service can happen in the military. Still, Gates said if Congress enacts repeal, President Obama would be “watching very closely that we don’t dawdle or try to slow-ball this.”
“I think his expectation would be that we prepare as quickly as we properly and comprehensively could, and then we’d be in a position to move toward certification,” Gates said. “But how long it would take, I don’tĀ know.”
For the first time, Gates also expressed his personal opposition to “Don’t Ask, Don’t Tell” because the law comprises the integrity of gay service members.
“One of the things that is mostĀ important to me is personal integrity,” Gates said. “A policy or a law that in effect requires people to lie gives me a problem.”
Majority of troops don’t care about gays in military
The defense secretaryĀ made his remarks as part of his endorsement of the Pentagon report, which found little potential disruption in lifting the military’s gay ban should Congress repeal “Don’t Ask, Don’t Tell.”
Gates said the findings of theĀ report “reflect nearly ten months of research and analysis along several lines of study” and “represent the most thorough andĀ objective review ever of this difficult policy issue and its impact on theĀ American military.”
Chairman of the Joint Chiefs Adm. Mike Mullen, who also took part in the news conference, said he also fully backs the report. Mullen has already testified before the Senate that supports open service in the U.S. military.
“For the first time, the chiefs and I have more than just anecdotal evidence and hearsay to inform the advice we give our civilian leaders,” Mullen said.
In the executive summary for the 256-pageĀ report, the “Don’t Ask, Don’t Tell” working group co-chairs Jeh Johnson, the Pentagon’s general counsel, and Army Gen. Carter Ham, commander of U.S. Army Europe, write that based on their findings, the risk of repeal “to overall military effectiveness is low.”
“We conclude that, while a repeal of Don’t Ask, Don’t Tell will likely, in the short term, bring about some limited and isolated disruption to unit cohesion and retention, we do not believe this disruption will be widespread or long-lasting, and can be adequately addressed by the recommendations we offer below,” Johnson and Ham write.
The report includes the results of a survey sent to 400,000 service members over the summer to solicit their views of gays serving openly in the military. According to the report, more than 115,000 of the surveys, or about 28 percent, were returned.
As earlier reported in November by the Washington Post, 70 percent of service membersĀ said alongsideĀ an openly gay personĀ wouldĀ haveĀ positive, mixed or no effect onĀ their unit’s ability to getĀ the job done.
The survey also found that 69 percent of respondents believe they have served alongside someone they believed to be gay. Of these respondents, 92 percent said their unit’s ability to work together was either very good, good or neither good nor poor.
Still, theĀ survey found a significant minorityĀ who predicted negativeĀ consequences as a result of repeal — most notably in the Marine Corps.
While 30 percent of survey respondents overall had negative views on open service, around 40 to 60 percent ofĀ respondentsĀ in the Marine Corps and others in various combat arms specialties expressed concerns about serving alongside openly gay people.
During the briefing, Gates said this discontent with repeal among these groups has made the service chiefs of the Army, Air Force, Navy and Marine Corps “less sanguine” about the prospects on open service. Each of these service chiefs were set to testify on Friday before the Senate on the views on the report.
Still, Gates said the views on the combat troops on implementing open service “do not present an insurmountable barrier” to repeal of “Don’t Ask, Don’t Tell.”
“However, these findings do lead me to conclude that an abundance of care and preparation is required if we are to avoid a disruptive and potentially dangerous impact on the performance of those serving at the tip of the spear in America’s wars,” Gates said.
Implementing open service
Accompanying the larger report is an 87-page support plan to guide implementation of open service in the U.S. military. The guide emphasizes that the key implementation message for successful repeal is “leadership-professionalism-respect.”
For leadership, the guide states that leaders in the chain of command must set the example for open service. For professionalism, the guide advises leaders to remind service members of their obligations and oath to defend the U.S. Constitution. For respect, the guide states that unit strength derives from treating other service members with respect.
The report also notably states the building separate rooming quarters for gay and straight service members won’t be appropriate for implementing open service.
“Building separate facilities would create divisions within units and inappropriately isolate a portion of the force,” the support plan states.
In March, former Marine Corps Commandant Gen. James Conway has raised the idea of separate quarters when he saidĀ they might be necessary in his service as a result of open service. TheĀ MarineĀ CorpsĀ is unique among other services becauseĀ Marines bunk together on baseĀ in the same room.
Despite the recommendation against building separate quarters, Johnson said during the Tuesday news conference that commanding officers may be able to make different housing arrangements from service members as result of open service in some circumstances.
“We’re noting that commanders should retain the discretion on an individualized case-by-case basis to address concerns, particular concerns about privacy,” Johnson said.Ā “And this is discretion they have right now.Ā If a service member has a particular concern about an issue with privacy or can’t get along with someone with whom he’s been assigned a room, a commander has discretion to deal with that.”
The guide also makes recommendations for partner benefits for gays serving in the military. Ham saidĀ if “Don’t Ask, Don’t Tell” isĀ repealed,Ā the U.S. military would only to continue toĀ observe federally recognized marriages, which would be in accordance with the Defense of Marriage Act.
Still, Ham said a repeal of “Don’t Ask, Don’t Tell” would mean the same-sex partners of service members would be entitled to hospital visitation rightsĀ and death benefits.
“With regard to the hospital visits and death gratuities and the like, if the law is repealed, then we believe that are a number of benefits to which servicemembers are entitled that are servicemember-designated,”Ā Ham said.Ā “And we believe that the examples that you offer would likely fall into that category.”
U.S. Federal Courts
Federal judge blocks Trump passport executive order
State Department can no longer issue travel documents with ‘X’ gender markers

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”
“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though todayās court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.
Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
āThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
āBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations ā OUT LGBT Well-being and Access Chapter 2 ā that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

U.S. Military/Pentagon
Pentagon urged to reverse Naval Academy book ban
Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.
Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.
These included “I Know Why the Caged Bird Singsā by Maya Angelou, āStone Fruitā by Lee Lai,Ā āThe Hate U Giveā by Angie Thomas, āLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā by James W. Loewen, āGender Queer: A Memoirā by Maia Kobabe, and āDemocracy in Black: How Race Still Enslaves the American Soulā by Eddie S. Glaude, Jr.Ā
The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.
In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”
“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.
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