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Discharged gay troops ready to re-enlist

‘That’s the life I was destined to lead’

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Thomas Cook

For Thomas Cook, deciding whether or not to re-enlist in the U.S. military after “Don’t Ask, Don’t Tell” is off the books is a no-brainer.

Cook, a Houston resident who was discharged in 2004 under the anti-gay law, said he “absolutely” plans to rejoin the armed forces on the day that the military’s gay ban is lifted.

“That’s the life I was destined to lead,” Cook said. “I think military service is in my blood and my past experience in the military ā€” I absolutely loved it. I wouldn’t have changed anything about it. I come from a family of military people, and I’m looking forward to going back into the military as soon as I can ā€” Sept. 20.”

Cook, now 29, said he doesn’t intend to enter the same field in the military that he held upon his discharge, nor will he enter the same branch of service. He served in military intelligence in the Army prior to his separation, but Cook said he plans to join the Air Force nursing field to make use of the education he has since received in that area.

On July 22, President Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chief of Staff Adm. Mike Mullen certified that the U.S. military is ready for open service in accordance with the repeal law signed in December, starting the 60-day period for when “Don’t Ask, Don’t Tell” will be a thing of the past on Sept. 20.

Gay service members discharged under “Don’t Ask, Don’t Tell” will be able to re-enter the armed forces from that point forward. Some service members whose separations received media attention said their affinity for military service leaves no doubt in their mind that they’ll re-enter the military as soon as possible.

Cook, who first joined the Army in 2001, said he feels compelled to continue military service even though he was kicked out after he declared his sexual orientation.Ā In 2003, the team leader in Cook’s company said during a training exercise he’d kill anyone in his crew whom he found out was gay. Cook reported the team leader’s remarks to his battalion commander and said the threat alarmed him because he is gay. The confession started Cook’s discharge proceedings, and he was ultimately separated from the Army under “Don’t Ask, Don’t Tell” on Jan. 20, 2004.

Seeking to rejoin the military, Cook was lead plaintiff in Cook v. Gates, a lawsuit challenging “Don’t Ask, Don’t Tell” that was filed by Servicemembers Legal Defense Network. However, the U.S. District Court in Massachusetts and the U.S. First Circuit Court of Appeals upheld the constitutionality of “Don’t Ask, Don’t Tell” in response to the challenge, forcing Cook to wait for legislative repeal before he could re-enter the military.

Cook said he bears no ill-will toward the military even though he was expelled from his position simply for stating his sexual orientation and was unable to reclaim his role through the litigation in which he was lead plaintiff.

“The organization itself has the policy in place, but the people I worked with didn’t necessarily believe in the policy,” Cook said. “I worked with people and the other soldiers that believe the same things I believed, which is anyone and everyone that is eligible to serve and is capable of serving should be allowed.”

Other service members whose discharges received prominent attention also said they intend to rejoin the armed forces after the gay ban is lifted ā€” but aren’t feeling the same need to re-enlist on Sept. 20 as soon as “Don’t Ask, Don’t Tell” is off the books.

Alex Nicholson (Washington Blade file photo by Michael Key)

Alex Nicholson, executive director of Servicemembers United, is planning to re-enter the military as a member of the Reserves and, after obtaining a law degree, pursue a career as a military lawyer in the Judge Advocate General’s Corps.

“It’s still a lifestyle and a set of people that I am comfortable around and I’ve always had an affinity for,” Nicholson said. “It’s hard to explain the phenomenon and the fraternity that it is.”

Like Cook, Nicholson plans to take a different position than his previous role. Nicholson was an Army intelligence officer prior to his separation at the age of 20 under “Don’t Ask, Don’t Tell” in 2002. A fellow service member outed him to his unit after she read a letter he had written in Portuguese to a man he dated before he joined the Army.

After forming Servicemembers United in 2005, Nicholson became active in the discussion with the White House and Congress that led to legislative repeal of “Don’t Ask, Don’t Tell.” Nicholson was also the sole named plaintiff in the lawsuit Log Cabin Republicans v. United States, which led the U.S. Ninth Circuit Court of Appeals to institute an injunction this year barring further discharges under “Don’t Ask, Don’t Tell.”

Despite his plan to rejoin the military, Nicholson, now 30, said he plans to hold off on re-enlisting for about two or three years as he continues his advocacy work because he doesn’t believe being in the military while acting as a watchdog for gay troops is appropriate.

“I just don’t feel like I would be able to continue to do the job that I do by doing that,” Nicholson said. “That’s going to add a whole additional layer of complexity to the political work, or the watchdog work that we do, if I were to do something like that.”

Also planning to re-enlist is Mike Almy, a former Air Force communications officer who was discharged under “Don’t Ask, Don’t Tell” in 2006. He said he wants back in the armed forces because he has an affinity for it.

“It’s what I’ve done for 13 years,” Almy said. “I miss it, the people, the camaraderie, the mission and want to finish my career.”

After a fellow service member read a private e-mail revealing his sexual orientation and reported the information to his commander,Ā Almy was discharged under “Don’t Ask, Don’t Tell.” He never made a public statement that he was gay, but was nonetheless separated.

Almy, 40, received significant attention as a service member discharged under “Don’t Ask, Don’t Tell” after testifying before the Senate Armed Services Committee last year against theĀ military’sĀ gay ban and taking on tough questioning from Sen. John McCain (R-Ariz.).

The best path that Almy said he sees for re-entering the armed forces is the resolution of the lawsuit in which he is lead plaintiff, Almy v. United States. The case, filed by SLDN and pending before the U.S. District Court of Northern California, seeks to reinstate him and other plaintiffs in the armed forces.

The case, Almy said, represents his best chance to return to the Air Force as an officer because of difficulties in the path ahead if he were to re-enlist at a recruiting station.

“It’s very difficult as an officer to go back on active duty, and that has absolutely nothing to do with ‘Don’t Ask, Don’t Tell,’ but just the fact that being separated and out for a couple years ā€” coupled with the fact that there’s a drawdown ā€” so that’s why we got the lawsuit in the works,” Almy said.

Mike Almy (Washington Blade file photo by Michael Key)

Almy added he’s expecting a resolution to the lawsuit in a couple of months and not theĀ exact same position he held upon discharge, but a position that is comparable and the same rank.

Upon his discharge under “Don’t Ask, Don’t Tell,” Almy lost all the benefits he would have had if he had been allowed to retire on his own accord. His reinstatement in the armed forces would enable him to reclaim those benefits.

“I have none whatsoever,” Almy said. “That’s what we’re trying to get as well. Assuming we’re successful in the lawsuit and win, and get reinstatement, then we’ll pick up where we left off basically, so I’ll get those benefits, go on to finish my career and ultimately retire.”

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U.S. Military/Pentagon

Pentagon urged to reverse Naval Academy book ban

Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

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U.S. Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

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, ā€œStone Fruitā€ by Lee Lai,Ā ā€œThe Hate U Giveā€ by Angie Thomas, ā€œLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā€ by James W. Loewen, ā€œGender Queer: A Memoirā€ by Maia Kobabe, and ā€œDemocracy 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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Federal Government

White House sues Maine for refusing to comply with trans athlete ban

Lawsuit follows months-long conflict over school sports in state

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U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

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.

ā€œWe 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 ā€œhave 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 ā€œterminating, freezing, or otherwise interfering with the stateā€™s access to federal funds based on alleged Title IX violations without following the process required by federal statute.ā€Ā 

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Federal Government

Expert warns Trump’s drastic cuts to HHS will have far-reaching consequences

HRC’s HIV and LGBTQ health policy advocate shared his concerns with the Blade

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HHS Secretary Robert F. Kennedy Jr. (Washington Blade photo by Michael Key)

Ten years ago, as the opioid epidemic ripped through communities across the United States, the recreational use of oxymorphone with contaminated needles led to an explosion of new HIV infections in southern Indiana’s Scott County.

In places like Austin, a city with about 4,000 residents, the rate of diagnoses quickly ballooned to levels seen in some of the hardest-hit nations of sub-Saharan Africa, more than 50 times higher than the national average.

Thankfully, by 2020, NPR reported that the area was rebounding from what was the most devastating drug-fueled HIV epidemic that rural America had ever experienced, with three-quarters of patients managing the disease so well with antiretroviral therapies that their viral loads were undetectable.

Five years after officials called a public health emergency over the outbreak in Scott County, Austin had opened new addiction treatment centers, support groups, and syringe exchanges. 

Initially, Indianaā€™s response was sluggish. The stateā€™s governor at the time, Mike Pence, opposed clean needle exchanges for 29 days before ultimately signing an executive order allowing for a state-supervised program. 

The administration in which he would go on to serve as vice president, however, launched an ambitious initiative designed around the objective of ending the HIV epidemic in the U.S. by the end of the decade, using proven public health strategies including syringe exchanges. 

NPR further noted ā€œthe administrationā€™s HIV goals were championedā€ by Pence along with Trumpā€™s U.S. Surgeon General, Jerome Adamsthe, who was Indianaā€™s health commissioner during the outbreak in Austin. 

Still, the news service warned, the Centers for Disease Control and Prevention determined that 220 U.S. counties were vulnerable to outbreaks of HIV and other blood borne infectious diseases like hepatitis C. 

“When you have these outbreaks, they affect other states and counties. It’s a domino effect,” Dr. Rupa Patel, an HIV prevention researcher at Washington University in St. Louis, told NPR. “We have to learn from them. Once you fall behind, you can’t catch up.”

Trumpā€™s approach to public health, including efforts to prevent, detect, mitigate, and treat  outbreaks of infectious diseases, looks radically different in his second term.   

ā€˜I donā€™t know why they hate public health so muchā€™

The Washington Blade spoke with Matthew Rose, senior public policy advocate for the Human Rights Campaign, during a recent interview about the the administrationā€™s dramatic cuts and mass layoffs that will totally reshape the way Americaā€™s health agencies are run under Trumpā€™s secretary of the U.S. Department of Health and Human Services, Robert F. Kennedy, Jr.  

ā€œTheyā€™re dismantling all the things aroundā€ the first Trump administrationā€™s Ending the HIV Epidemic in the U.S. effort, he said, eliminating key positions and offices within Americaā€™s health agencies that support this effort, including by tracking progress toward ā€” or movement away from ā€” the 2030 goalposts. 

Rose said there is no evidence to suggest the initiatives combatting HIV that were begun when Trump was in office the first time were ineffective,  either in terms of whether their long term cost-savings justified the investment of government resources to administer them or with respect to data showing measurable progress toward ending the epidemic within the decade. 

Therefore and in the absence of an alternative explanation,, Rose said he is left with the impression that the Trump-Vance administration does not care about Americansā€™ public health, especially when it comes to efforts focused on disfavored populations, such as programs supporting access to PrEP to reduce the risk of HIV transmission through sex. 

The outbreak in Scott County ā€œcan happen over and over again, if we don’t have CDC surveillance,ā€ he warned. ā€œWe’re still having a fentanyl crisis in the country that we don’t seem to really want to deal with, but you end up with outbreaks that bloom and bloom very quick and very fast.ā€ 

Rose added, ā€œThe really crazy thing is that they got rid of disease intervention and branch and response,ā€ referring  to the CDC’s National Center for HIV, Viral Hepatitis, STD, and Tuberculosis Prevention, specifically its Division of HIV Prevention, and the various branches within that division that are responsible for different aspects of HIV prevention, care, and research. They include HIV Research, Behavioral and Clinical Surveillance, and Detection and Response. 

ā€œThese are literally the disease detectives that chase down outbreaks,ā€ Rose added. ā€œWhen there’s a syphilis outbreak in an area, when COVID came along and we had to trace COVID outbreaks, like, those folks are the folks who do this.ā€

If (or perhaps when) communities experience an outbreak, ā€œWe wouldn’t truly know what’s going on until probably 10 years later, when those folks’ CD4 counts finally crash to an AIDS diagnosis level,ā€ he said, at which point ā€œthey’re very, very sick.ā€

ā€œTheyā€™ll start looking like we havenā€™t seen people look since probably 30, 40 years ago,ā€ Rose said, a time well before the advent of highly effective medicines that from the perspective of many patients turned HIV from a death sentence to a manageable disease.Ā Ā Ā 

Additionally, ā€œevery person that we lose to follow up and care, if they don’t know their status, that’s where the majority of new diagnoses come from,ā€ he said, noting that without the CDCā€™s work ā€œbringing people back into care,ā€ there is ā€œno way of tracking that.ā€ HIV positive people will continue to potentially transmit the disease to others as ā€œtheir own health deteriorates at levels that it doesnā€™t need to deteriorate at,ā€ Rose said, ā€œso, we make it worse.ā€ 

Along with the breakthroughs in drug discovery that led to the introduction of highly efficacious and well tolerated antiretrovirals, the use of PrEP by those who are HIV-negative to drastically reduce the risk that they may contract the virus through sex has put the goal of eliminating the epidemic within reach. 

ā€œOne of the things we learned from things like the PROUD study,ā€ Rose said, referring to randomized placebo-controlled HIV trials conducted in the U.K. in  2016 ā€œ is that if you can get to the highest impacted folks, the most vulnerable folks, for every one person you get on PrEP, you’re getting anywhere from 16 to 23 infections averted.ā€ 

Disparities in health outcomes are likely to worsen 

Rose noted that ā€œweā€™re finally starting to stabilizeā€ the disproportionately high rate of new infections among gay and bisexual Black men who have sex with men thanks in large part to the federal governmentā€™s work by employees and divisions that were cut by Kennedyā€™s restructuring of HHS, initiatives like culturally competent public health messaging campaigns for vulnerable populations, addressing subjects like PrEP, other prevention methods, the importance of regular HIV/STI screenings, and the availability of treatments for HIV and other sexually transmitted infections. 

There is no way of knowing if any intervention was effective in the absence of “surveillance unitsā€ to monitor the diseaseā€™s spread through communities and track mitigation efforts, he said, adding that the gutting of these positions comes as ā€œLatin men have actually been catching [up to] Black men in terms of new diagnosesā€ while rates among Black and Latina trans women remain high. 

Along with NCHHSTPā€™s Prevention Communication Branch, the health secretaryā€™s near 20 percent cut to CDC staff also eliminated the centerā€™s  Division of Behavioral & Clinical Surveillance Branch, its Capacity Development Branch, its Quantitative Sciences Branch, and its HIV Research Branch. 

As a result, Rose said ā€œYouā€™re going to see these populations get hit hardest again,ā€ communities that have long suffered disproportionately from the HIV epidemic due to factors like racial or income-based disparities in access to testing and treatment. 

Broadly, the CDC is distinguished from other agencies because the Atlanta-based agencyā€™s remit is focused to a significant extent on the population level implementation of public health interventions, endeavoring to change health outcomes, he explained. With respect to PrEP, for example, once the drug was shown safe and effective in clinical research and the evidence supported its use as a critical tool in the federal governmentā€™s effort to stop the epidemic, the CDC is responsible for work like making sure at-risk populations who are disinclined to use condoms can stick with (or are sticking with) the medication regimen.  

The administrationā€™s cuts encompass programs on the research side as well as the implementation side, Rose said. For example, he pointed to the ā€œdecimationā€ of divisions within the National Institutes of Healthā€™s National Institute of Allergy and Infectious Diseases, which conducts studies on HIV interventions from the preclinical basic science stage to double blind clinical trials such as those that led to the introduction of injectable PrEP, which can be administered once every other month after the first two doses. 

In fact, Rose said he worked alongside Dr. Jeanne Marrazzo, who succeeded Dr. Anthony Fauci as head of NIAID, on the Microbicide Trials Network board looking for behaviorally congruent HIV prevention products for populations that might not wish to take an oral or injectable formulation of PrEP. He added that she is a ā€œbrilliant scientistā€ who helped him better understand the vaginal microbiome as well as the ways in which ā€œwe fall short on womenā€™s health and womenā€™s sexual health, and what that means in the context of HIV prevention.ā€ 

Together with other top officials like Dr. Jonathan (ā€œJonoā€)  Mermin, who led the NCHHSTP, on or around April 1, Marrazzo was reportedly offered the chance to either be placed on administrative leave or relocate to Indian Health Service outposts in rural American Indian or Native Alaskan communities located in states like Montana, Oklahoma, and Alaska. 

Rose stressed the risks presented by the  administrationā€™s decision to shutter divisions within NCHHSTP that were responsible for communications, education and behavioral studies around tuberculosis, especially provided how the disease is underdiscussed as a public health issue within U.S, borders ā€” where rates of infection are elevated in certain communities, like unhoused and incarcerated populations, where queer folks are disproportionately represented. 

The restructuring of NCHHSTP and NIAID also raises the chances of outbreaks of viral and bacterial infections spread through sex that these public health workers could have prevented or better contained, Rose said. 

Instead, ā€œfor some reason, someone thought it was a good idea to get rid of labs at the Division of STIs,ā€ at a time when ā€œwe’ve had increases in STIs for the last, like, six years,ā€ including rising rates of congenital syphilis, ā€œthe one that kills babiesā€ and increased diagnoses of the disease among gay men.

Additionally, Rose noted disparities in health outcomes for people living with hepatitis C are likely to worsen by the cessation of federal government initiatives to slow the spread of the disease  ā€” which co-infects one of every four patients with HIV and can be fatal if untreated because the virus can cause cirrhosis, cancer, failure of the liver ā€” because direct acting antivirals that cure 95 percent of all cases are covered by most insurance plans only when the policyholder has already sustained severe liver damage. 

Broadly, ā€œthe fact that we’re like, getting rid of the labs to test people means that we’re literally choosing to go backwards, stick our heads in the sand, and hope that no one has the ability to want to say anything,ā€ he added. 

Even populations who are less susceptible to infection with diseases like HIV stand to benefit from basic and clinical science research into the disease, Rose said. 

He pointed to such examples as the drug discovery studies targeting a vaccine for HIV that ultimately led to the identification of combinations of antivirals that were capable of curing most cases of hepatitis C, the inclusion of participants with HIV in clinical trials that led to the introduction of Ebola vaccines, and breakthroughs in the biomedical understanding of aging that were reached through research into why patients with untreated HIV age more rapidly. 

ā€œWe continuously find new scientific endeavors that are able to help the general population, but also able to help the LGBTQ population,ā€ Rose said, as ā€œthe things that happen in the HIV space spill over to other places.ā€

ā€œFrom the LGBTQ health perspective, and especially from the research side,ā€ he said, ā€œwe have just, in the last decade, started to really think about what interventions those populations need ā€” not just [with respect to] HIV, but [other health issues like] smoking, alcohol and substance use and abuse,ā€ including ā€œcrystal meth, which is always the number two drug in most major cities.ā€ 

Likewise, as large swaths of Americaā€™s public health infrastructure are unraveled under the direction of the president and his health secretary, the dissolution of each position or each division should not be considered in isolation given (1) the interdisciplinary nature of the work in which these individuals and entities are engaged and (2) the administrationā€™s efforts elsewhere to restrict access to healthcare, especially for disfavored populations like trans and gender-diverse communities. 

ā€œThere’s first the attack on the research pipeline,ā€ Rose said, such as the HIV Vaccine Trials Networkā€™s identification of an urgent or unmet need (behaviorally congruent methods of HIV prevention for women) and its discovery of a new intervention through research and clinical trials (a ring worn inside the vagina that releases an antiretroviral drug to stop the virus from entering the body during sex). 

ā€œThen there’s the destruction of key health interventions,ā€ he said. For example, ā€œSTI testing is a public health intervention. It keeps people healthy, and we’re able to reduce the amount of STI floating in populationsā€ through regular testing and monitoring of new diagnoses. ā€œGetting rid of programs that look at and support these [efforts] is really, really bad,ā€ Rose said. 

He noted that the administration has endeavored to restrict healthcare access along a variety of fronts, especially when it comes to transgender medicine for youth, Rose said, from working to pass regulations circumscribing the scope of the ACAā€™s coverage mandate to gutting the HHS Office of Civil Rights such that vulnerable populations have less recourse when they are denied access to care or experience unlawful discrimination in healthcare settings, and conditioning the governmentā€™s federal funding for providers and hospital systems on their agreement not to administer guideline directed, evidence based interventions for the treatment of gender dysphoria in youth. 

ā€œLast year, CDC documented that we had reduced new HIV infections by 6% and by 23% and 26% in counties that were in the Ending the Epidemic jurisdictions,ā€ Rose said.  

In the face of these challenges shortly into the presidentā€™s second term, he said, ā€œwe will stand up to a scientific rigorous process every time, because we’ve done it every time, and every time we’ve done it, the world has been better for it.ā€

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