National
DOD officials: Benefits for gay troops will be examined
DOMA restricts most benefits from going to gay troops with partners


Marine Maj. Gen. Steven Hummer and Virginia "Vee" Penrod, co-chairs of the Repeal Implementation Team (Blade photo by Michael Key)
Possible benefits that could be afforded to service members with same-sex partners will be the “the largest piece” of what the Pentagon intends to examine in the 60 days before “Don’t Ask, Don’t Tell” is off the books, according to DOD officials.
Marine Corps Maj. Gen. Steven Hummer, chief of staff of “Don’t Ask, Don’t Tell” Repeal Implementation Team, identified benefits Friday as among the policies “important to the department and service members” and said they’ll be examined before and after the military’s gay ban has been lifted.
“The department will continue to study existing benefits to determine those, if any, that should be reviewed based on policy, fiscal, legal and feasibility considerations, to give the service member the discretion to designate persons of their own choosing as beneficiaries,” Hummer said.
Hummer made the remarksĀ during a news conference at the Pentagon intended to answer questions about the path forward for the military now that “Don’t Ask, Don’t Tell” repeal has been certified. The president, the defense secretary and the chair of the Joint Chiefs of Staff certified repeal Friday in accordance with the repeal law, which means the military’s gay ban will be off the books on Sept. 20.
Even with “Don’t Ask, Don’t Tell” off the books, gay service members with partners or spouses faced inequities thanks to straight service members in marriages on issues such as living expenses and medical care, travel, housing benefits.Ā Much of this inequity is because of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.
Asked by the Washington Blade whether the Repeal Implementation Team identified any partner benefits that could go to gay service members despite DOMA, Virginia “Vee” Penrod, deputy assistant secretary of defense for military personnel policy and co-chair of the Repeal Implementation Team,Ā said the group determined to hold off on those determinations until after repeal takes effect.
“When we looked at the plan for implementation of the law, our priority was to develop the training and ensure that the force is trained,” Penrod said. “And looking at that priority, we realized the benefits, although very important ā that we would wait until repeal before we decided to look in the benefits; which we will do upon repeal.”
Pressed by the New York Times for an example of a benefit that may be afforded to service members despite DOMA, Penrod said legal counsel may be among them.
“We have, like, legal policy for ā where an individual could come in and would request legal assistance,” Penrod said. “And whether or not is that just for the service member or can I bring in my partner and also have assistance, and so that’s an example. There are just some that are not by law, but it’s by policy.”
Another reporter continued to ask whether the difference in benefits for gay and straight service members “may cause friction” in the armed forces that could disrupt unit cohesion.
Hummer maintained the Pentagon “willĀ continue to follow the law” as mandated by DOMA and leaders are responsible for maintaining good order andĀ discipline “irrespective of sexual orientation.”
In addition to maintaing that an examination of benefits is in the works, Pentagon officials disputed the notion that an executive order would be necessary to provide non-discrimination protections for gay service members. While “Don’t Ask, Don’t Tell” is on its way to being lifted, no new statute has been put in its place to protect gay troops from discrimination.
Some advocates have been calling for an executive order from President Obama that would prohibit discrimination against service members on the basis of sexual orientation or gender identity. The Obama administration hasn’t explicitly said whether or not it would issue such a directive, but Pentagon officials have maintained the current military code within the chain of command is sufficient.
Asked whether an executive order would be needed to address discrimination, Hummer replied, “I believe it does not.”
“All service members, irrespective of their sexual orientation, are entitled to an environment that is free of any bars that would prohibit their full growth to as high a responsibility as they could reach,” Hummer said.
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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