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Vote nears on Boy Scouts gay ban

National Council expected to weigh in next week

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Zach Wahls, gay news, Washington Blade, Boy Scouts of America
Zach Wahls, gay news, Washington Blade, Boy Scouts of America

Zach Wahls is a leading voice against the Boy Scouts’ gay ban (Photo courtesy of Change.org)

All eyes will be on the Boy Scouts of America next week when members of the National Council vote on whether to partially lift a ban that LGBT advocates have sought to remove for at least a decade.

On May 23, 1,400 members of the National Council will gather at the National Annual Meeting in Dallas and take action on the pending resolution, which would allow all youths to participate in the Boy Scouts regardless of sexual orientation.

However, the resolution leaves in place the rule prohibiting openly gay adults from participating as leaders in the Boy Scouts. Further, the proposal maintains youth adhere to a “duty to God” and behavior consistent with the highest level of good conduct.

Zach Wahls, a 21-year-old activist and Eagle Scout — who gained notoriety for speaking on behalf of his lesbian parents before the Iowa Legislature — is the leading voice for a group called Scouts for Equality that is urging the Boy Scouts to adopt the change.

“The resolution that the Scouts are voting on clearly is not fully adequate,” Wahls said. “It still sends, I think, potentially harmful messages to the youth — both gay and straight — about discrimination being OK. That being said, I think it’s absolutely a step in the right direction, which is going to get started going down their path of evolution, as it were. And we all kind of know where evolution goes.”

Wahls said Scouts for Equality for the last two-and-a-half months has been mobilizing grassroots supporters across the country to talk with parents, scout leaders and scout masters about support for changing the gay ban.

“That really can only happen within the scouting community,” Wahls said. “It was through those conversations our incredible grassroots volunteers on the ground that we were able to identify and have conversations indirectly with huge amounts of voting members.”

In February, amid heightened calls for the organization to end its gay ban, the Boy Scouts started a review process to consider the impact of a change. Part of the review consisted of a questionnaire sent to members asking them if they’re OK with certain hypothetical scenarios involving gay scouts and whether they support or oppose lifting the ban.

The decision to partially lift the gay ban in the Boy Scouts may be an attempt to mollify religious groups affiliated with the Boy Scouts. According to the organization’s website, seven in 10 units in the Boy Scouts are chartered to faith-based organizations.

In response to a request for comment from the Washington Blade, the Boy Scouts provided an organizational statement maintaining the issue of allowing openly gay scouts to participate in the organization is a complex one.

“Scouting’s review confirmed that this remains among the most complex and challenging issues facing the BSA and society today,” the response reads. “Even with the wide range of input, it is extremely difficult to accurately quantify the potential impact of maintaining or changing the current policy. While perspectives and opinions vary significantly, parents, adults in the Scouting community, and teens alike tend to agree that youth should not be denied the benefits of Scouting.”

According to recent polls, a majority of the American public wants the Boy Scouts to lift its gay ban. A Washington Post/ABC News poll published on May 9 found that 63 percent back the idea of allowing gay youth to participate while 56 percent oppose the continued ban on participation from gay adults.

Asked whether he’s confident the resolution will be approved, Wahls replied, “As a Boy Scout, our motto is ‘Be Prepared.’ So we’re prepared for any kind of outcome, but we are feeling really, really good about where we are.”

But anti-gay activists are also at work urging the Boy Scouts to maintain its policy prohibiting out youths from participating. An organization called On My Honor is leading these efforts. It didn’t respond to the Washington Blade’s request for comment.

Ending the gay ban in the Boy Scouts is a goal that the LGBT community has long pursued. In 2000, a case known as Dale v. Boy Scouts was argued before the U.S. Supreme Court by Evan Wolfson, now president of Freedom to Marry. He maintained New Jersey’s enforcement of its non-discrimination law to prohibit the Boy Scouts, as a place of accommodation, from banning gay scouts wasn’t a violation of the First Amendment. However, the court determined in a 5-4 decision that current policy for the organization was constitutional.

Texas Gov. Rick Perry (R) has emerged as one of the most high-profile voices in opposition to lifting the gay ban. Last week, as reported by Right Wing Watch, the former Republican presidential candidate appeared on a Family Research Council webcast urging the Boy Scouts to resist the “flavor of the month” by changing its policy.

“The fact is, this is a private organization,” Perry said. “Their values and principles have worked for a century now, and for pop culture to come in and try to tear that up because it just happens to be the flavor of the month, so to speak, and to tear apart one of the great organizations that have served millions of young men — to help them become men and become great fathers — that is just not appropriate.”

Wahls responded to Perry’s position by saying the Texas governor is entitled to his views, but they’re at odds with the American people.

“It’s a free country,” Wahls said. “Gov. Perry can offer his opinion. It doesn’t change the fact that a strong majority of Americans want to lift the ban, and keeping the ban in place is highly detrimental to the future of scouting.”

CORRECTION: An initial version of this article mischaracterized attorney Evan Wolfson’s attorney argument against the Boy Scouts gay ban in 2000. The Blade regrets the error.

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National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

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.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

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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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

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.”

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