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GOP in last ditch effort to block ‘Don’t Ask’ repeal?

McCain denies dropping START support over gay ban

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Gay rights supporters continue to express optimism that the Senate is on its way to repealing “Don’t Ask, Don’t Tell” as Republican senators have reportedly threatened to withdraw support from a nuclear arms reduction treaty if a vote on the miltary’s gay ban proceeds as planned.

According to Congressional Quarterly, Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) have said they would no longer support the START Treaty if Senate Majority Leader Harry Reid (D-Nev.) proceeds with a vote on “Don’t Ask, Don’t Tell” and the DREAM Act, an immigration-related bill.

Reid on Thursday night filed cloture on the “Don’t Ask, Don’t Tell” repeal legislation as well as the DREAM Act. The vote on “Don’t Ask, Don’t Tell” could come as soon as Saturday if the Senate fails to invoke cloture first on the DREAM Act.

On the Senate floor, Sen. Bob Corker (R-Tenn.) predicted the treaty’s failure if the chamber moves onto what he called “partisan, political, issues, brought forth to basically accommodate activist groups around this country,” presumably referring to “Don’t Ask, Don’t Tell” and immigration.

“I’m hoping that those will be taken down or else I don’t think the future of the START treaty over the next several days is going to be successful, based on what I’m watching,” Corker said.

On the Senate floor, McCain seemed to distance himself from Corker and dispute the reporting that he and Graham were basing their support for the START Treaty on other measures that were coming to the floor.

“There continues to swirl allegations that there is going to be a vote for it or against it because of another piece of legislation or for other reasons — for other political reasons,” McCain said. “I reject that allegation.”

Brooke Buchanan, a McCain spokesperson, said via e-mail to the Washington Blade, that the assertions that McCain is threatening to withdraw support from the START Treaty over “Don’t Ask, Don’t Tell” are “not true.”

“McCain will base his support on START on the merits of the Treaty and if his concerns regarding Missile Defense have been addressed,” Buchanan said.

Graham’s office didn’t respond on short notice to the Blade’s request for comment on the issue.

An informed source said Congressional Quarterly is standing by its reporting in the article.

The START Treaty has been a priority for the White House in the lame duck session of Congress and support from McCain and Graham is seen as essential to reaching the 67-vote threshold necessary to ratify the treaty.

The reported ultimatum offered by Republicans senator could put the White House and Democratic leadership in the difficult position of having to choose between the two agenda items.

Still, the plan seems to be to continue with “Don’t Ask, Don’t Tell” repeal as planned. Regan Lachapelle, a Reid spokesperson, said Senate leadership intends to hold a vote Saturday as announced Thursday.

A White House spokesperson didn’t respond on short notice to a request for comment on whether the reported threats from Republicans would disrupt plans for “Don’t Ask, Don’t Tell.”

Optimism over ‘Don’t Ask’ vote

Amid these reported threats, supporters of “Don’t Ask, Don’t Tell” repeal said prospects look good for the Senate vote and pledged to keep up the pressure until Congress finishes the job.

Sen. Joseph Lieberman (I-Conn.), the sponsor of the stand-alone bill, said he’s “very optimistic” the legislation will pass the Senate and noted the bill currently has more than 50 co-sponsors.

“But we know it ain’t over till it’s over and until all the votes are counted,” Lieberman said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, also predicted the Senate will vote to repeal “Don’t Ask, Don’t Tell” on Saturday.

“I believe senators will do that,” Sarvis said. “I think we’re going to have a good weekend, and I just want to say we are delighted to be here after 17 years having this historic opporunity. I believe we’re on the brink of victory in the next day or two.”

To increase pressure on the Senate, gay troops who were discharged under “Don’t Ask, Don’t Tell” and who are affiliated with SLDN are pledging to sit in the Senate gallery until the “Don’t Ask, Don’t Tell” repeal vote is taken.

Sarvis said these service members have come to the Senate to say they’re going to stay here until the Senate repeals “‘Don’t Ask, Don’t Tell.”

“So between now and adjournment, these service members and others like them — somewhere between two and 10 each hour — will be in the Senate galleries until the Senate acts,” Sarvis said.

Anthony Woods, an Army Iraq war veteran who was discharged in 2008, said during the news conference that implementation of open service in the U.S. military would have no impact on battle effectiveness.

“My soldiers didn’t care about anyone’s sexual orientation,” Woods said. “I was an armor officer, so we were on tanks in some of the toughest of parts of Iraq and it didn’t matter one bit what someone’s sexual orientation was.”

During the news conference, other lawmakers who have worked to repeal “Don’t Ask, Don’t Tell” railed against the gay ban as they called for an end to the law.

Sen. Kirsten Gillibrand (D-N.Y.) said she thinks “Don’t Ask, Don’t Tell” is “unconstiutional” as she commended gay service members for serving under “difficult circumstances.”

“I want to thank you for your dedication and commitment despite such difficulties and despite such requirements that, I think, fundamentally, are not only unfair and unconstitutional, but in violation of who we are as Americans,” Gillibrand said.

Many gay rights advocates have been calling on President Obama to declare “Don’t Ask, Don’t Tell” unconstitutional so he could discontinue enforcement of the law.

A vote for final passage normally takes place 30 hours after the Senate invokes cloture on a bill, but Lieberman said a final vote could take place on the same day if cloture is invoked and the Senate has unanimous consent to move forward ahead of time.

“I hope that we may reason together and decide to yield back some time and perhaps get to final passage tomorrow before the end of the day.”

If all 57 senators who voted in favor of the motion to proceed last week on the fiscal year 2011 defense authorization bill vote to invoke cloture on the “Don’t Ask, Don’t Tell” legislation, only three more votes would be needed to reach the 60-vote threshold necessary to move forward with the bill.

Lieberman has said Sen. Blanche Lincoln (D-Ark.), who didn’t vote this month on the defense authorization bill, would vote in favor of the “Don’t Ask, Don’t Tell” stand-alone bill. Sens. Scott Brown (R-Mass.), Lisa Murkowski (R-Alaska) and Olympia Snowe (R-Maine) have also indicated they would support the stand-alone bill, which should bring the vote tally up to 61.

Still, SLDN has included Sen. Kent Conrad (D-N.D.) on its list of senators whom repeal supporters need to pressure before the “Don’t Ask, Don’t Tell” vote. If Conrad votes “no” or takes a walk, his action could put the repeal bill right at the 60-vote threshold neeeded to go forward — or even below that threshold if there are any surprises.

During the news conference, Lieberman declined to elaborate on what he believed Conrad’s position was on “Don’t Ask, Don’t Tell” and said he’d let the North Dakota senator speak for himself.

“I think you’ll have to talk to him,” Lieberman said. “Let’s say for now, I’m confident that got more than 60 votes.”

Conrad’s office didn’t respond on short notice to a request to comment on how the senator would vote on “Don’t Ask, Don’t Tell.”

Amendments not an issue for ‘Don’t Ask’ bill

Debate over amendments had previously been an issue with the fiscal year 2011 defense authorization bill to which “Don’t Ask, Don’t Tell” was attached, which failed to pass in the Senate earlier this month, but that doesn’t seem to be a factor in the vote on the standalone repeal legislation.

Many Republican senators said they voted “no” on the defense authorization bill because they didn’t feel the amendment process for the legislation was fair to the minority party.

For the “Don’t Ask, Don’t Tell” legislation, Reid has “filled the tree” and is not permitting amendments on the bill to ensure that the legislation the Senate approves will be identical to the measure passed earlier this week by the House.

Lachapelle said the cloture vote on “Don’t Ask, Don’t Tell” is “an opportunity for senators to show where they stand on the issue.”

“Amendments at this point would only serve to kill the bill,” she said.

Even though senators who expressed support for “Don’t Ask, Don’t Tell” have previously voted “no” on the defense authorization bill based on concerns on the amendment process, Lieberman said no senators who have been supportive said they would vote “no” based on amendment on the standalone bill.

In fact, Lieberman said two senators — Sens. Susan Collins (R-Maine) and Lisa Murkowksi (R-Alaska) — confirmed they would vote in favor of the “Don’t Ask, Don’t Tell” bill even with no amendments.”

“Although both of them wanted their to be a number of amendments allowed on the defense authorization bill, they said that was very different because it was a big bill, 900 pages — there ought to be a free and reasonable debate,” Lieberman said. “The repeal of “Don’t Ask, Don’t Tell,” I think, at this point is four or five pages.”

Lieberman said both Collins and Murkowski indicated that opponents of repeal “will have full opportunity to speak against it, but we ought not to give people the opportunity to delay it further or try to pass an amemdment that effectively kill the bill.”

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National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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