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Justice Dept. objects to ‘Don’t Ask’ injunction

Obama administration calls proposal ‘untenable’

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The U.S. Justice Department on Thursday issued an objection to a proposed judgment seeking to bar enforcement of “Don’t Ask, Don’t Tell” on the basis that a military-wide injunction of the statute is “untenable.”

The Obama administration issued the 19-page objection in the wake of the California federal court ruling in the case of Log Cabin Republicans v. United States that found “Don’t Ask, Don’t Tell” is unconstitutional.

Plaintiffs in the case had sought an injunction against the enforcement of “Don’t Ask, Don’t Tell” as a result of their victory, but the Justice Department this week urged U.S. District Court Judge Virginia Phillips not to issue that order.

Instead, the Justice Department asks the court to limit the injunction to members of the Log Cabin Republicans who serve in the armed forces.

The next step in the process is for Phillips to determine what judgment she will enter in the case. The Obama administration will then have 60 days to make an appeal to the U.S. Ninth Circuit Court of Appeals.

In a statement, White House Press Secretary Robert Gibbs maintained President Obama is committed to legislatively repealing “Don’t Ask, Don’t Tell” even though his administration filed the objection.

“This filing in no way diminishes the president’s firm commitment to achieve a legislative repeal of [‘Don’t Ask, Don’t Tell’] — indeed, it clearly shows why Congress must act to end this misguided policy,” Gibbs said,

But advocates working for “Don’t Ask, Don’t Tell” repeal are expressing indignation over the Obama administration’s objection to the injunction.

Executive director of Servicemembers United, Alex Nicholson (Blade photo by Michael Key)

Alex Nicholson, executive director of Servicemembers United and sole named plaintiff in the lawsuit, said Obama is “certainly taking his so-called ‘duty to defend’ this anti-gay military as far as he possibly can.”

“Two blows from the White House in one week is a bit much,” Nicholson said. “First, the president cannot find the time to make any phone calls to senators to help us avoid a crushing loss on Tuesday, although he does manage to find the time to call the WNBA national champions to congratulate them on their victory. Then, the president once again goes much farther than he has to in defense of the discriminatory and unconstitutional ‘Don’t Ask, Don’t Tell’ law.”

R. Clarke Cooper, executive director of the National Log Cabin Republicans, also chastised Obama for the Justice Department’s objection.

“We are not surprised by this but we are extremely disappointed with the Obama administration,” Cooper said. “Many times on the campaign trail, President Obama said he would support the repeal of ‘Don’t Ask, Don’t Tell.’ Now that it’s time to step up to the plate, he isn’t even in the ballpark.”

The Justice Department offers various reasons for why Log Cabin’s proposed judgment is untenable. One justification that the administration offers is that a military-wide injunction against “Don’t Ask, Don’t Tell” would interfere with higher court rulings and foreclose the possibility of litigation in other courts.

“If this court were to enjoin all discharges under [‘Don’t Ask, Don’t Tell’] throughout the world, it would not only effectively overrule the decisions of numerous other circuits that have upheld [‘Don’t Ask, Don’t Tell’], but also preclude consideration of similar challenges by courts in other circuits that have not addressed the issue (not to mention other district judges in the Central District of California) prior to any decision by the Ninth Circuit,” the administration states.

The Justice Department argues that Log Cabin’s proposed judgment would be at odds with the Ninth Circuit Court of Appeals ruling in Witt v. Air Force, which allows the opportunity for the U.S. military to prove a gay service member undermines unit cohesion before discharging them.

Additionally, the Justice Department says an injunction would interfere with legislative efforts to repeal “Don’t Ask, Don’t Tell” as well as the Pentagon working group’s efforts to develop a plan to implement repeal.

“Entering an injunction with immediate effect would frustrate the ability of the Department of Defense to develop necessary policies, regulations, and training and guidance to accommodate a change in the [‘Don’t Ask, Don’t Tell] law and policy,” the administration states. “An injunction with immediate effect will put [Defense Department] in the position where it must implement ad hoc potentially inadequate policies at a time when the military is in the midst of active combat operations.”

Dan Woods, an attorney at White & Case representing plaintiffs in the case, said the objections from the Justice Department suggest that it doesn’t realize it’s the losing party in the lawsuit.

“The Justice Department’s objections fail to recognize the implications of the government’s defeat at the trial,” Woods said. “It is as if the South announced that it won the Civil War.”

Woods notes that the court previously dismissed the administration’s requests for a stay in the case on three prior occasions and “nothing has changed to suggest that a stay is now appropriate.”

“What is most troubling is that the government’s request for a stay ignores the harm that Don’t Ask, Don’t Tell causes to current and potential members of our Armed Forces,” Woods said. “That is the saddest, most disappointing, and, in light of the president’s position, most hypocritical part of the objections.”

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Trump ends direct HIV prevention funding to community groups

Advocates say transfer of funds to states may disrupt local programs

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The Trump administration will discontinue direct federal funding of community-based organizations that provide HIV prevention services. (Washington Blade file photo by Michael Key)

A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.

 News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.

Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.

Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.

Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.

A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.

 Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.

“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.” 

Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.  

 Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.

“They could still qualify as a sub-grantee from a state,”  Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.

Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.

In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.  

 “Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.

It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end. 

“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.

“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes. 

Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.

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National

At Alliance Defending Freedom’s summit, church and state are one

House Speaker Mike Johnson (R-La.) among speakers

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House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

Uncloseted Media published this article on July 23.

By SPENCER MACNAUGHTON | Earlier this month, hundreds of people filled a conference room in San Diego. These included Speaker of the House Mike Johnson, Assistant Secretary of Health Admiral Brian Christine, OpenAI executive Dean Ball, and the attorneys general of West Virginia and Idaho.

They all came together for Alliance Defending Freedom’s 2026 Summit. The Christian legal group, also a Southern Poverty Law Center-designated anti-LGBTQ hate group, described the event as a “gathering of leaders from many different spheres, including law, public policy, media, business, education, and Christian leadership.”

Johnson — who has said that “homosexual relationships are inherently unnatural and … society cannot give its stamp of approval to such a dangerous lifestyle” — was a featured speaker.

In his speech, he seemed unconcerned with the separation of church and state: “It is so encouraging to Kelly and I to be among friends and fellow warriors for this cause and people who understand that God is not done with America yet. … ADF’s on the very tip of the spear, front line, defending those very truths and keeping the door open for the spread of the Gospel. This is our moment. I’m telling you, I believe the next season … is going to be the greatest season of this ministry since its inception.”

That ministry is one that has espoused aggressively anti-LGBTQ views since its inception in the early 1990s. It was co-founded by a group of evangelical men, including Alan Sears, who co-authored a book called “The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today.” Since then, ADF has opposed gay marriage and supported bans on gay sex and on gender-affirming care for minors.

After helping overturn Roe v. Wade, ADF lawyers have led key victories at the Supreme Court. In 303 Creative v. Elenis, SCOTUS ruled that a website designer could refuse service to gay weddings. And this year they convinced the Court to overturn Colorado’s ban on conversion therapy and to uphold state laws in West Virginia and Idaho that ban trans girls from playing on girls’ sports teams.

At the summit, ADF President Kristen Waggoner, who has promoted conversion therapists and consistently misgenders trans people, interviewed these states’ attorneys general.

“The lawyers who were defending women’s sports were among the best I’ve ever seen in my entire life,” West Virginia Attorney General JB McCuskey told Waggoner.

Similar to Johnson, Trump’s Assistant Secretary of Health Christine showed his commitment to governing based on conservative Christianity. He gave a Bible-thumping speech against gender transition and trans healthcare, saying that it “contradicts … the deeper moral order that is woven into creation itself. For Genesis 1:27 informs us that God created man in his own image. … Male and female” He also said the “complementary relationship between man and woman is divine” and advocated for youth with gender dysphoria to receive care from a pastor.

All of these remarks from politicians made me think of the interview I published earlier this week with Pete Hegseth’s pastor, Doug Wilson. He wants a Christian theocracy in America and told me that: both the perpetrator and the victim should be disciplined in some cases of marital rape; that transgender people are “sad;” that execution is justifiable for certain homosexual acts; and that gay sex should be illegal.

The ADF Summit is glossy and polished. And while its messaging may be less explicit than Pastor Wilson’s, the track record of the organizations shows they have the exact same desires. They’re just deeply strategic in what they say and when and how they say it.

I believe the political power players who attended this year’s summit know this. They know they are endorsing an organization whose members have essentially called for the illegalization of most — if not all ‚ forms of queer behavior and presentation.

In the last few years, these perspectives have become increasingly embedded in the highest rooms of the federal government and they have been effective in stripping away LGBTQ rights. Wilson, who just installed a full-time pastor in Washington to lead services, says there are 10 to 20 government officials who align with his church’s ideology.

It is vital for Americans to keep their eyes wide open to the ultimate goal of groups like ADF: to create a United States that leaves LGBTQ people without rights and that pushes us back in the closet.

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Puerto Rico

LGBTQ ‘human rights crisis is unfolding in Puerto Rico’

Activist spoke at Congressional Hispanic Caucus briefing in D.C. on July 15

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(Washington Blade photo by Michael K. Lavers)

An activist from Puerto Rico who spoke at a Congressional Hispanic Caucus briefing last week in D.C. said anti-LGBTQ laws and policies have left the LGBTQ community in the U.S. commonwealth even more vulnerable.

“A human rights crisis is unfolding in Puerto Rico — one that disproportionately affects LGBT+ people, particularly transgender and nonbinary Puerto Ricans,” said True Self Foundation Executive Director Miguel Vázquez-Rivera.

The True Self Foundation and LatinoJustice PRLDEF participated in the briefing that took place on July 15.

Vázquez-Rivera during the briefing highlighted several anti-LGBTQ laws and policies that have been implemented since Gov. Jenniffer González took office in January 2025. These include Law 63-2025, which prohibits gender-affirming healthcare for anyone under 21, and Law 26-2026, which prohibits the University of Puerto Rico and other “government facilities” from installing “mixed or gender-neutral multi-occupancy restrooms.”

“The legislation aims to strengthen public safety standards while ensuring that no individual is subjected to unlawful discrimination,” noted the Puerto Rico Federal Affairs Administration on Feb. 25 in a press release after González signed it.

González, a Republican who is a member of the pro-statehood New Progressive Party, was Puerto Rico’s resident commissioner in the U.S. House of Representatives before she became governor. González supports President Donald Trump.

Vázquez-Rivera during the briefing highlighted anti-LGBTQ measures that have been introduced in the Puerto Rico Legislative Assembly. These include House Bill 164, which would prohibit transgender athletes from school sports teams that correspond with their gender identity, and House Bill 131, which would allow faith-based adoption agencies to deny services to same-sex couples.

“The overwhelming scientific evidence is clear: children raised by same-sex parents do just as well as those raised by different-sex parents,” said Vázquez-Rivera. “What matters is not the gender or the sexual orientation of the parents; but the presence of love, stability, and support.”

Trump upon taking office for a second time on Jan. 20, 2025, signed his “Defending Women from Gender Identity Extremism and Restoring Biological Truth to the Federal Government” executive order. Among its provisions is the federal government’s recognition of two genders: male and female.

Vázquez-Rivera noted “other proposals” in Puerto Rico “would recognize only ‘biological sex’ in government documents, prohibit inclusive language throughout public institutions, continue challenging recognition of nonbinary identities, and reverse protections for LGBT+ students previously adopted by the University of Puerto Rico.”

“The challenges facing LGBT+ Puerto Ricans cannot be viewed as isolated debates about healthcare, sports, bathrooms, or language,” said Vázquez-Rivera. “They are part of a much larger picture.”

“Puerto Rico is already confronting poverty, disaster recovery, healthcare shortages, and economic instability,” he added. “When discrimination is added to these realities, existing inequities become even deeper. Mental health worsens. Families are displaced. Communities become more vulnerable.”

Vázquez-Rivera further stressed “these issues are interconnected, and our response must be as well.” He also urged the LGBTQ rights movement to do more to support — and fund — advocacy efforts in Puerto Rico.

“Ultimately, this is not about granting special rights,” said Vázquez-Rivera. “It is about ensuring that more than three million American citizens living in Puerto Rico have the same opportunity to live healthy, safe, and dignified lives as every other American.”

The Puerto Rican government has not responded to the Washington Blade’s request for comment.

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