National
Gay troops seek reinstatement through ‘Don’t Ask’ lawsuit
Lawsuit challenges constitutionality of gay ban


Mike Almy, a former Air Force officer, is among the plaintiffs seeking reinstatement in the military through a new 'Don't Ask' lawsuit. (Blade photo by Michael Key)
Three service members who are seeking a return to the U.S. armed forces after beingĀ discharged under āDonāt Ask, Donāt Tellā are the focus of a new lawsuit filed in a California federal court challenging the constitutionality of the militaryās gay ban.
The lawsuit was filed Monday at the U.S. District Court for the Northern District of CaliforniaĀ by Servicemembers Legal Defense Network, among the groups leading the fight to end āDonāt Ask, Donāt Tell,ā and Morrison & Foerster LLP, a legal firm based in San Diego, Calif.
The three plaintiffs are gay former service members who were expelled from the U.S. armed forces under the militaryās gay ban: Mike Almy, an Air Force communications officer who was discharged in 2006; Anthony Loverde, an Air Force technician who was discharged in 2008; and Jason Knight, a Navy translator who was discharged in 2007.
In a Blade interview, Almy said heās seeking reinstatement into the Air Force because he loves the armed forces and āspent his whole career serving the militaryā before being discharged after 13 years.
āI obviously donāt miss āDonāt Ask, Donāt Tell,ā but that aspect aside, I greatly love and miss the military and just canāt wait to go back in as an officer and a leader,ā he said.
The litigation asks the court to employ the Witt standard established by the U.S. Ninth Circuit Court of Appeals as the basis for reinstating the three discharged service members.
The Witt standard came into being in 2008 after the Ninth Circuit ruled in the case of Witt v. Air Force that the U.S. government must show the presence of a gay service member in the armed forces is detrimental to unit cohesion before discharging him or her.
Additionally, the lawsuit asks the California federal court to strike down āDonāt Ask, Donāt Tellā on the grounds that the 1993 law violates gay service membersā freedom of speech and due process rights under the First and Fifth Amendments to the U.S. Constitution. In this respect, the litigation is similar to another lawsuit currently pending before the Ninth Circuit challenging āDonāt Ask, Donāt Tellā: Log Cabin Republicans v. United States.
Now that the litigation has been filed, the U.S. Justice Department has 60 days to respond to the complaint. The Obama administration has previously defended āDonāt Ask, Donāt Tellā in the courts and is expected to continue defending the statute against this lawsuit.
M. Andrew Woodmansee, a partner at Morrison & Foerster, said a case management conference for the litigation before a district court judge should take place in March. He said heās not expecting a trial for this lawsuit, but instead, a ruling by summary judgment in summer 2011.
Woodmansee said itās āvirtually impossibleā to predict whether the legislation would succeed at the district court level ā or even the appellate court or U.S. Supreme Court level ā but said he believes the lawsuit has a āvery strongā chance of succeeding based on the strong military records of the plaintiffs seeking reinstatement.
āThere are a lot of factors to consider, but I think this case is very strong because itās also very simple in that sense we are looking at three individual service members who want nothing more than to go back and serve their country,ā he said.
Repeal advocates have filed the lawsuit as legislation remains pending before the U.S. Senate that would lead to repeal of āDonāt Ask, Donāt Tell.ā The legislation, sponsored by Sen. Joseph Lieberman (I-Conn.), as of Monday had 40 co-sponsors, according to the Human Rights Campaign, and is expected to come up for a vote during the lame duck session of Congress.
In a statement, Aubrey Sarvis, SLDNās executive director, said the lawsuit is part of āan aggressive, far-reaching litigation strategyā that his organization is planning if Congress fails to repeal āDonāt Ask, Donāt Tellā this month.
āThis dispute can be resolved by Congress or by the courts.ā Sarvis said. āWith this filing we put Congress on notice that a cadre of service members and our national legal team stand ready to litigate strategically around the country.ā
If Congress doesnāt repeal āDonāt Ask, Donāt Tell,ā Sarvis said SLDN plans to file another lawsuit early next year on behalf of young people who want to enter military service, but canāt because of the militaryās gay ban, and a lawsuit for discharged service members who want to serve in the National Guard or the reserves.
While repeal advocates pursue both litigation and legislation as avenues to end āDonāt Ask, Donāt Tell,ā the Obama administration has emphasized that congressional action and not action from the courts is the preferred way to the end the law. Defense Secretary Robert Gates has said a legislative end to āDonāt Ask, Donāt Tellā would provide adequate training time to implement open service in the U.S. armed forces.
On Monday, White House Press Secretary Robert Gibbs reiterated the point that the legislative route is the preferred way to end āDonāt Ask, Donāt Tellā in response to a question from the Washington Blade on the new lawsuit.
āOne of the two entities ā either Congress or the courts ā is going to repeal or do away with āDonāt Ask, Donāt Tell,āā Gibbs said. āThe best way to do it would be to do it through Congress. The House has passed that legislation, and it is clear that well more than a majority of U.S. senators believe that thatās the case as well.ā
Woodmansee said he thinks legislative action should be taken on āDonāt Ask, Donāt Tell,ā but added litigation remains an option should Congress be unable to finish the job.
āThroughout this countryās history, the courts stand ready to act when Congress doesnāt, and thatās what weāve done here,ā Woodmansee said. āWeāve been trying to effect a deal through the legislature, and if they wonāt act, then we have no choice ⦠but to go the courts and ask them to do their job, and that is provide a check as the third branch of government.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.
Federal Government
White House sues Maine for refusing to comply with trans athlete ban
Lawsuit follows months-long conflict over school sports in state

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.
DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.
āWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to āhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.
Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā
According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.
Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.
Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.
Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools ā which, likewise, concerned their inclusion of trans student-athletes in competitive sports ā was referred to DOJ.
Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.
A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from āterminating, freezing, or otherwise interfering with the stateās access to federal funds based on alleged Title IX violations without following the process required by federal statute.āĀ
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