National
House GOP urges delay in ‘Don’t Ask’ repeal certification
Letter says Congress needs time to review new guidance
Rep. Duncan Hunter was among the signers of the letter to Obama (Blade file photo by Michael Key)
A group of 23 Republican members of the U.S. House wrote President Obama on Thursday asking him to hold off on certification of “Don’t Ask, Don’t Tell” repeal until Congress can review the Defense Department’s policy changes that would lead to open service.
“Given the necessity for congressional review, which has been limited to this point, we respectfully request that you refrain from transmitting certification until Congress has had sufficient time to review pending legislative matters of policy and law,” the letter states.
Leading the group of U.S. House members who signed the letter is Rep. Duncan Hunter (R-Calif.), who amended pending defense budget legislation to expand the certification requirement needed for “Don’t Ask, Don’t Tell” repeal and potentially disrupt the implementation of open service.
Others among the 23 signers of the letter are Rep. Joe Wilson (R-S.C.), chair of the House Armed Services personnel subcommittee, as well as Reps. Steven Palazzo (R-Miss.), W. Todd Akin (R-Mo.) and Vicky Hartzler (R-Mo.).
Under the repeal law signed in December, “Don’t Ask, Don’t Tell” won’t be off the books until the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready for open service. Training has been underway in the armed forces since February to prepare the military for “Don’t Ask, Don’t Tell” repeal.
Pentagon officials have testified that certification for “Don’t Ask, Don’t Tell” repeal could happen in mid-summer. Defense Secretary Robert Gates has said he’s open to issuing certification this month before his retirement if the service chiefs thinks moving forward is appropriate.
Part of the repeal law states that open service shouldn’t go forward until the Pentagon has “prepared the necessary policies and regulations” for open service. The GOP letter to Obama states Congress should have the opportunity to review the new regulations before the president and defense leaders give the OK for “Don’t Ask, Don’t Tell” repeal.
“Merely providing ‘training and educational’ briefs to our service members is not enough to justify moving forward with certification when consequential policy and regulatory changes associated with implementation must be reviewed by Congress under its oversight function,” the letter states. “Until those policy changes have been delivered and reviewed by Congress, it would be irresponsible to proceed with the certification process.”
Additionally, the letter states that certification at this time would be premature because of “apparent confusion” at the Defense Department in creating new policies for open service.
In April, the Navy issued guidance stating military facilities could be used for same-sex marriages in states where it’s legal and chaplains could officiate over these ceremonies, if they so chose, in their official capacities. The Navy has since rescinded this guidance and said further review is necessary.
“This planned policy change is a violation of the federal Defense of Marriage Act,” the letter states. “The training revision also departed from prior assurances given to Congress with regard to Defense Department enforcement of the law and intent of the Defense of Marriage Act.”
LGBT advocates have said the Navy guidance didn’t violate DOMA because the statute as it stands says nothing about military facilities.
However, the House version of the fiscal year 2012 defense authorization bill has language — inserted as an amendment by Akin — that would prohibit military bases from being used for same-sex marriage ceremonies and military chaplains from presiding over these celebrations. LGBT rights advocates say this language would expand DOMA beyond its current restrictions that prevent the federal government from recognizing same-sex marriage.
Shin Inouye, a White House spokesperson, said in response to the letter that certification will happen when “the standards set forth in the [repeal] bill are met” as has been previously stated.
“The president continues to work with the secretary of defense and the chairman of the Joint Chiefs to certify that implementation of the new policies and regulations written by the department is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the armed forces,” Inouye said. “That process is moving forward quickly and efficiently.”
Inouye said he won’t comment directly on letters that members of Congress have sent to the president, but recalled Obama “has been clear” certification will happen before the end of the year.
Those who worked to pass legislation allowing for “Don’t Ask, Don’t Tell” repeal last year dismissed the letter as merely Hunter and other House Republicans seeking obtain media attention.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the letter is an instance of Hunter “grandstanding” as he seeks to disrupt “Don’t Ask, Don’t Tell” repeal.
“Mr. Hunter knows very well that Congress has acted and the chiefs, Secretary Gates, and [Chair of the Joint Chiefs of Staff Adm, Mike] Mullen are moving toward the final stages of certification,” Sarvis said. “This is all about Mr. Hunter — not about our troops, who have moved on.”
Alex Nicholson, executive director of Servicemembers United, said the White House and Pentagon “are smarter than” withholding certification because of the concerns expressed in the letter.
“This is just the latest in Congressman Hunter’s circus sideshow about ‘Don’t Ask, Don’t Tell’ while the rest of the Congress is trying to deal with serious issues like wars and budgets,” Nicholson said. “If the administration let’s this letter distract from the progress made towards certification, then we’ve got bigger problems on our hands.”
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 today’s 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 “X” 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.
“This 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,” said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
“By 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.”
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 President’s Emergency Plan for AIDS relief and other “life-saving humanitarian assistance” 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 — OUT LGBT Well-being and Access Chapter 2 — 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 Sings” by Maya Angelou, “Stone Fruit” by Lee Lai, “The Hate U Give” by Angie Thomas, “Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong” by James W. Loewen, “Gender Queer: A Memoir” by Maia Kobabe, and “Democracy in Black: How Race Still Enslaves the American Soul” by Eddie S. Glaude, Jr.
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,” Lambda Legal Chief Legal Officer Jennifer C. Pizer and LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.
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