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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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Hungary

Vance speaks at Orbán rally in Hungary

Anti-LGBTQ prime minister trailing ahead of April 12 vote

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Vice President JD Vance speaks over the phone with President Donald Trump during a rally for Hungarian Prime Minister Viktor Orbán in Budapest, Hungary on April 7, 2026, (Screen capture via Fox News/X

Vice President JD Vance on Tuesday urged Hungarians to support Prime Minister Viktor Orbán in the country’s April 12 elections.

“We have got to get Viktor Orbán re-elected as prime minister of Hungary,” Vance told Orbán supporters who gathered at Budapest’s MTK Sportpark.

Vance and Orbán on Tuesday met before they held a press conference in Budapest. Orbán also spoke at the rally.

Sándor Palace, the Hungarian president’s office in Budapest, welcomes U.S. Vice President JD Vance to the country. (Courtesy photo)

The U.S. vice president after he took to the stage called President Donald Trump, who told the crowd he is “a big fan of Viktor” and is “with him all the way.” Vance, as he did during Tuesday’s press conference with Orbán, criticized the European Union.

“We want you to make a decision about your future with no outside forces pressuring you or telling you what to do. I’m not telling you exactly who to vote for, but what I am telling you is that the bureaucrats in Brussels, those people should not be listened to,” said Vance. “Listen to your hearts, listen to your souls, and listen to the sovereignty of the Hungarian people.”

Vance in his speech noted “across the West, we’ve got a small band of radicals” who, among other things, “condemn children to mutilization and sterilization in the name of gender care.” Vance also criticized a “far-left ideology given quarter in university circles, in the media, and in our entertainment industry, and increasingly among bureaucrats on both sides of the Atlantic.”

Vice President JD Vance speaks at MTK Sportpark in Budapest, Hungary, on April 7, 2026

Orbán has been in office since 2010. He and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

A Hungarian activist with whom the Washington Blade previously spoke said it is “impossible to change your gender legally in Hungary” because of a 2020 law that “banned legal gender recognition of transgender and intersex people.” Hungarian MPs the same year effectively prohibited same-sex couples from adopting children and defined marriage in the country’s constitution as between a man and a woman.

The European Commission in 2022 sued Hungary, which is a member of the EU, over the country’s anti-LGBTQ propaganda law.

Hungarian lawmakers in March 2025 passed a bill that banned Pride events and allowed authorities to use facial recognition technology to identify those who participate in them. MPs later amended the Hungarian constitution to ban public LGBTQ events.

Upwards of 100,000 people last June defied the ban and marched in Budapest’s annual Pride parade.

Polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party ahead of the April 12 election. Vance at Tuesday’s rally told Orbán supporters that he and Trump “want you to make a decision about your future with no outside forces pressuring you or telling you what to do.”

“I’m not telling you exactly who to vote for, but what I am telling you is that the bureaucrats in Brussels, those people should not be listened to,” said Vance. “Listen to your hearts, listen to your souls, and listen to the sovereignty of the Hungarian people.”

“Unlike some of the leadership of Brussels, I’m not threatening you or telling you that we’re going to withhold funds to which you’re legally entitled,” he added. “You will make the decision about Hungary’s future.”

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The White House

White House ends protections for trans students in multiple school districts

Cape Henlopen School District in Delaware among administration’s targets

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The U.S. Department of Education building in D.C. becomes the latest battleground for transgender rights. (Public domain photo)

The Department of Education has terminated agreements with five school districts and a college aimed at protecting the rights of transgender students, backtracking requirements made in prior administrations, according to the Associated Press.

Allowing the reversal of these federal obligations removes formerly mandatory measures, including faculty training on responding to a student’s preferred name and pronouns, and policies allowing trans children to use bathrooms that align with their gender identity.

This policy change is a major shift from past democratic-led administrations, and will impact Delaware Valley School District in Pennsylvania, Sacramento City Unified School District in California, Cape Henlopen School District in Delaware, Fife School District in Washington, and La Mesa-Spring Valley School District, as well as Taft College in California.

Delaware Valley School District received notice from the Trump-Vance administration in February and has since voted to roll back anti-discrimination protections. Other schools, like Sacramento City Unified School District, said the change in minimum protections a district must offer will not affect their policies because it “remains committed to the support of our LGBTQ+ students and staff.”

This is part of a wider wave of anti-trans actions taken by the Trump-Vance administration. This White House has penalized schools attempting to accommodate students’ gender identity, filed lawsuits in California and Minnesota over state policies allowing trans students to participate in interscholastic sports, and opened civil rights investigations into multiple schools and universities over their policies on trans students.

Kimberly Richey, the Department of Education’s Assistant Secretary for Civil Rights, said the action underscored the administration’s efforts to prevent trans students from participating in girls’ and women’s sports teams and accessing shared locker rooms.

“Today, the Trump administration is removing the unnecessary and unlawful burdens that prior administrations imposed on schools in its relentless pursuit of a radical transgender agenda,” she said in a written statement.

According to the AP, this is just one instance of the administration rescinding civil rights protections in education. Last year, the Department of Education terminated two agreements: one involving the removal of books from a school library in Georgia, and another addressing harsh discipline and unequal education opportunities for Native students in the Rapid City Area School District in South Dakota.

Shiwali Patel, the senior director of education justice at the National Women’s Law Center, issued a statement in response to the removal of protections for trans students, saying the rollback will negatively impact all students — not just trans ones.

“There is absolutely no basis for what the Department of Education is doing, and it is unimaginably cruel. Title IX exists to ensure that students are protected from discrimination and treated with dignity so that they can learn and thrive in our schools,” Patel said. “It’s what students, families, lawmakers, and advocates fought for when Title IX was passed decades ago. But the Trump administration’s Department of Education has spent its limited resources to strip Title IX of that very purpose.”

She continued, highlighting the issues that will arise from the agreement removals in schools.

“Real complaints of discrimination and sexual assault are going unanswered by the Department of Education while conservative lawmakers continue to escalate their attacks on a small minority of students,” the nationally recognized Title IX expert and advocacy leader for gender-based harassment added. “Parents, teachers, and students need the Department to focus on addressing real harms on campuses instead of rolling back policies that keep all students safe.”

The schools that had their agreements terminated vary, but stem from the same issue: treating trans students with the same protections from harassment as their cisgender peers.

In 2023, Taft College, a community college in California’s Central Valley, became one of the few schools to settle a case with the Department of Education’s Civil Rights Office after a student accused faculty of discrimination, including refusing to use the student’s preferred pronouns. The college agreed to faculty training on Title IX protections and revised its policies to clarify that refusing to use a person’s preferred name and pronoun can constitute harassment.

The now-canceled agreement with Sacramento City Unified School District stemmed from a 2022 complaint brought by a student after a teacher refused to use the student’s preferred pronouns and/or refused to allow the male-identifying student to work in a boys’ group for a class activity. The 2024 resolution agreement had mandated training for employees on civil rights law, sexual harassment, and how to handle formal complaints.

Under a settlement the Delaware Valley School District reached with the Obama-Biden administration, the district was required to permit students to use bathrooms aligned with their gender identity. In February, the Trump-Vance administration sent the district a letter rescinding the settlement and requiring the rollback of antidiscrimination protections for trans students. The school board voted in late March to change its policies accordingly.

This move is part of a broader pattern of anti-trans actions from the White House since Trump returned to office.

In addition to restricting protections in federally funded education spaces, the administration has attempted to end trans girls’ and women’s participation in sports competitions and has sued states that have not complied. It has also blocked trans and nonbinary people from choosing sex markers on passports and attempted to stop those under 19 from receiving gender-affirming medical care.

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.

Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.

At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.

In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.

Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.

According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.

Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.

As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.

WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.

“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”

“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”

WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.

The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.

“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.

He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.

South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.

Truett remains in jail as of publication.

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