National
Pentagon issues moratorium on ‘Don’t Ask’ discharges
Letter tells military services to comply with court injunction
Undersecretary of Defense for Personnel & Readiness Clifford Stanley (Blade photo by Michael Key)
A top Pentagon official issued a moratorium on discharges under “Don’t Ask, Don’t Tell” on Friday in the wake of a federal appellate court decision barring enforcement of the anti-gay law.
In a letter dated July 8, Under Secretary of Defense for Personnel & Readiness Clifford Stanley writes that the military service secretaries must comply with an injunction against enforcing military’s gay ban that was reinstated Wednesday by a three-judge panel on the U.S. Ninth Circuit Court of Appeals. The institution of this moratorium was first reported by the Army Times.
“The reinstatement of that injunction … is effective immediately,” Stanley writes. “The secretaries of the military departments shall ensure immediate compliance with the injunction and this memorandum.”
An injunction on “Don’t Ask, Don’t Tell” had already been put in place last year by U.S. District Judge Virginia Phillips after she determined the law was unconstitutional in the case of Log Cabin Republicans v. United States. However, the moratorium against enforcing “Don’t Ask, Don’t Tell” lasted only eight days. The Ninth Circuit placed a stay on the injunction in November upon request from the U.S. government.
The decision of the Ninth Circuit panel on Wednesday reverses that decision and allows gay service members to serve in the U.S. military without fear of dismissal. Additionally, openly gay people will be allowed to enlist in the armed forces.
“It remains the policy of the Department of Defense not to ask service members or applicants about their sexual orientation, to treat all members with dignity and respect, and to ensure maintenance of good order and discipline,” Stanley writes. “Further, because the injunction is once again in effect, the department will process applications for enlistment or appointment without regard to sexual orientation.”
The Obama administration can appeal the Ninth Circuit panel’s decision to either the full Ninth Circuit or the Supreme Court. In response via email to a Washington Blade question on whether a decision has been made on whether or not to appeal, Pentagon spokesperson Cynthia Smith replied, “We are studying the ruling with the Department of Justice.”
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization welcomes the temporary suspension of “Don’t Ask, Don’t Tell” discharges, but wants further action from the Pentagon.
“We urge the Pentagon to go further by suspending all investigations of service members that are currently ongoing, and confirm that the Department of Defense and Department of Justice are not preparing to appeal the court’s ruling,” Sarvis said. “It’s imperative for service members, gay and straight, who have been living with ambiguity for far too long as this process has languished unnecessarily. The time for clarity and finality is long overdue.”
Expulsions under “Don’t Ask, Don’t Tell” have been few in number since the Pentagon instituted new guidance in October raising the discharge authority to the military service secretaries “in coordination” with the under secretary of defense for personnel and readiness and the Pentagon general counsel. Four discharges have reportedly taken place since the October guidance was put in place.
The injunction comes after legislation was signed in December allowing for repeal of “Don’t Ask, Don’t Tell.” Under the repeal law, “Don’t Ask, Don’t Tell” will be off the books after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff. The Pentagon has instituted training for troops on handling open service, but certification hasn’t yet happened.
Smith said the Pentagon still plans certification for ending for “Don’t Ask, Don’t Tell” and said implementation “is proceeding smoothly, is well underway, and certification is just weeks away.”
National
Queen Jean is Tony’s first transgender winner
Designer/activist wins for work on ‘Cats: The Jellicle Ball’
It was a historic night at the 79th annual Tony Awards on Sunday as Queen Jean won the award for Best Costume Design of a Musical, making her the first out transgender person to win a Tony.
“This experience has been monumental. We are here for the legacy of queer people, trans people,” she said. “We are taking up space in ways we have to take up space. We have to shift the paradigm. So I just want to say, thank you all so much for this incredible honor. The world right now is deeply, deeply combating so many ailments, and we know as a society that when we come together, we can make real, permanent change.”
She won the award for her work on “Cats: The Jellicle Ball” and was also nominated for best costume design of a play for “Liberation.”
In addition to her stage work, Queen Jean is the founder of Black Trans Liberation, an organization that supports trans and gender-nonconforming people in New York City.
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.
National
Gallup finds LGBTQ support among Americans is dropping
Marriage equality support lowest since 2016
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.
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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