National
Despite apology, LGBT concerns persist over Hagel
Advocates seek plan on partner benefits for gay troops, openly trans service

New LGBT concerns are emerging over the potential nomination of Chuck Hagel as defense secretary (public domain photo by Lance Cpl. Casey Jones)
Concerns are emerging in some circles of the LGBT community — now most notably from gay Rep. Barney Frank (D-Mass.) — over the potential nomination of former Sen. Chuck Hagel as defense secretary, despite the apology he issued days ago regarding anti-gay remarks made in 1998.
A handful of advocates who spoke to the Washington Blade are seeking more details over how Hagel would address remaining issues for LGBT service members — such as additional partner benefits for gay troops and the implementation of openly transgender service — beyond what was offered in the statement in which Hagel apologized and said he would be “committed to LGBT military families.”
Richard Socarides, a gay New York-based Democratic advocate, is among those saying Hagel should lay out more specific plan for addressing outstanding LGBT issues at the Pentagon.
“I think that if he is nominated as Defense Secretary, before we as a community agreed to support him, as some groups have already done, it would be important to hear from him what his plan is on implementing ‘Don’t Ask, Don’t Tell’ repeal and on issues like transgender service,” Socarides said. “These kinds of questions would be appropriate for any defense secretary nominee, but they would be particularly appropriate were the nominee Sen. Hagel, who because of his comments would have some convincing to do.”
Hagel is having his name floated for the role at a time when LGBT rights supporters are pushing the Pentagon to grant additional partner benefits to gay service members — such as joint duty assignments, issuance of military IDs, use of the commissary and family housing — through administrative changes as well as the implementation of open service by transgender people. Since the time “Don’t Ask, Don’t Tell” was lifted in September 2011, the Pentagon has said that it was looking into the benefits issue, but no action so far has been taken.
Jim Burroway, editor of Tucson, Ariz., based blog Box Turtle Bulletin, also said on Sunday the LGBT community should know more about Hagel’s evolution on these issues “before rushing to embrace him.”
“I do think there has been an unseemly rush to accept his apology, considering he apologized for being ‘insensitive’ but not quite for being wrong,” Burroway said. “A lot of other Republicans who changed their minds have found opportunities to articulate their new positions. I’m still waiting for Hagel to do the same.”
Prior to his apology, the concern over Hagel among LGBT advocates was largely over a 1998 quote attributed to him in the Omaha World-Herald where he called then-nominee for U.S. ambassador to Luxembourg, Jim Hormel, “openly aggressively gay.”
On Dec. 14, Hagel issued an apology to media outlets saying the remarks were insensitive and he’s “fully supportive of ‘open service’ and committed to LGBT military families.” At the time, LGBT groups such as the Human Rights Campaign and OutServe-SLDN accepted Hagel’s apology.
But Hagel also has an anti-gay record while serving in Congress. From 2001 to 2006, Hagel consistently scored a “0″ on the Human Rights Campaign’s scorecards. Hagel voted for the Federal Marriage Amendment in 2004, but didn’t cast a vote on the measure in 2006.
On Monday, gay Rep. Barney Frank announced he was outright opposed to the Hagel nomination on the grounds that the former senator’s 1998 anti-gay remarks and his congressional record on LGBT issues demonstrated “aggressively bigoted opposition” and that Hagel “voted consistently against fairness for LGBT people.”
Speaking to the Blade, Frank said he waited to put out the statement on Monday because he had been on vacation during the previous week, but had been meaning to make known his opposition to the nomination for some time.
“It is important that gay liberals and Democrats not appear to be giving our side a pass,” Frank said. “There’s no doubt Obama’s been very good on LGBT issues. It’s also the case that I don’t think he knew of this statement. A lot of people didn’t; it came out later. But now that it’s out there, I think we have to hold firm. That really was an awful statement.”
Frank said he though the Hormel apology was “very unpersuasive” and he was “surprised” groups like HRC would have accepted the apology on the day it was issued.
“The fact that he would call Jim Hormel ‘aggressively gay’ seems to me an indication of the depth of his dislike of us,” Frank said. “If he said I was ‘aggressively gay,’ I would have said, “‘Well maybe.’ But HRC, I was surprised. I don’t know why they would do that.”
Socarides, an adviser to former President Clinton on LGBT issues at the time Hormel was seeking confirmation, also took issue with the apology and is skeptical of the regret Hagel intended to convey in his statement.
“He did not call Ambassador Hormel or even try to communicate directly with him by email or letter,” Socarides said. “The apology did not address in any specific way why he made the original comments. As I recall, it was fairly clear to us at the time that the Hagel statement was as a result of pressure on him by right-wing groups who were demanding that Republican Senators oppose the nomination. Had he provided some context in the apology it might have been more persuasive.”
Socarides added the apology was “clearly written by someone else, probably by a White House staffer” and “seemed contrived and lacked the kind of context it would need to connote genuine regret.”
The White House didn’t respond to a request to comment on whether it had a role in crafting the Hagel apology or to provide any assurances that the next secretary will address the outstanding issues for LGBT service members in the wake of “Don’t Ask, Don’t Tell” repeal.
Over the weekend, President Obama addressed the potential nomination of Hagel during an interview on NBC’s “Meet the Press,” saying that nothing in Hagel’s record — including his anti-gay remarks — disqualify from the role of defense secretary and that his apology reflects “positive change” in the way the country sees LGBT issues.
“And I think it’s a testimony to what has been a positive change over the last decade in terms of people’s attitudes about gays and lesbians serving our country,” the President said. “That’s something that I’m very proud to have led, and I think the anybody who’s serves in my administration understands my attitude and position on those issues.”
The LGBT community itself is divided on Hagel as defense secretary. Opposition is largely coming from commentators — or in Frank’s case, a lawmaker who soon to leaves Congress — as most LGBT groups have accepted the apology from Hagel.
Mara Keisling, executive director of the National Center for Transgender Equality, is among those saying that the LGBT community shouldn’t view Hagel so harshly considering his apology.
“It was two years after Bill Clinton signed DOMA,” Keisling said. “We’ve forgiven Bill Clinton for something worse than name-calling. The point, largely, of the social justice movement is educating people, and then embracing them when they come over to your side.”
Asked whether LGBT groups should demand a commitment to openly transgender service in exchange for supporting the Hagel nomination, Keisling said those demands are underway and talks have already started at the Pentagon.
“I think we’d like that issue to get raised in confirmation hearings for whomever it is — whether it’s Chuck Hagel or somebody else,” Keisling said. “But the conversations are already starting over at the Pentagon and the next secretary of defense is going to have to be answering to that, regardless of who it is.”
John Aravosis, the gay editor of AMERICAblog often critical of HRC and the Obama administration, was also unprepared to criticize either entity over the Hagel apology or his potential nomination as defense secretary.
Aravosis was critical of the 1998 anti-gay remarks — saying they are along the lines of something the late anti-gay Sen. Jesse Helms would say — but added criticizing LGBT groups like HRC for accepting the apology is tough because what kind of commitments they’ve received offline is unknown.
“Maybe they got massive promises from Hagel directly, saying, ‘I promise I’m going to bend over backwards to work with you on the policy,'” Aravosis said. “Who knows? But that’s also part of the downside of having private conservation, is the rest of us look at it and say, ‘We have no idea why you changed your mind. We’re still uncomfortable.’ That’s the sort of the dynamic we’re in.”
The Human Rights Campaign didn’t respond to a request to comment on whether it had received any private promises in exchange for accepting the Hagel nomination or if they had a role in crafting the apology.
Frank said he thinks the opposition to Hagel is so strong now from both progressive and conservatives that the chances of Obama naming him to the post are nil.
But in the unlikely event Hagel was confirmed as Pentagon chief, Frank said he has no doubt Hagel would implement pro-LGBT policy change if ordered to do so by the White House.
“I believe that he will do whatever the president tells him,” Frank said. “I’m pretty sure if he were appointed, which I don’t think he’s going to be, he would be directed to do the right thing.”
Other high-profile opposition to Hagel has come from Hormel himself, who initially questioned the sincerity of the apology in interviews with the Washington Post and the Blade. However, the former ambassador appeared to reverse himself in a Facebook posting hours later.
Also noteworthy was a full-page ad in the New York Times taken out by the gay Republican group Log Cabin Republicans in opposition to Hagel on the basis of his anti-gay remarks and his earlier stated views on Israel and Iran. Outgoing Log Cabin executive director, R. Clarke Cooper has said they were paid for by Log Cabin members, but has declined to state how much the ad cost or identify these donors.
Socarides was careful to distance his concern about the Hagel nomination from the outright opposition that Log Cabin expressed in its full-page advertisement.
“I would not automatically oppose him, like the Log Cabin Group seems to have done, and certainly would not endorse using someone else’s money to run an advertisement against him based on his foreign policy view,” Socarides said.
Frank said he was unaware Log Cabin put out an advertisement and utterly rejected the notion his opposition against Hagel was along the same lines as the gay GOP group.
“I was hoping I could to talk to you about substance and not stupid things,” Frank responded to the Blade. “I mean, you sound like Joe McCarthy, saying ‘You’re siding with the Communists.’ I didn’t know that Log Cabin had taken that ad until I wrote my statement. … Do you ever write about substance and never about a lot of political bullshit? Why did I do it? Because I don’t think the man should be secretary of defense. I was on vacation, came back and wrote my statement.”
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
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.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
