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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 ā€œDon’t Ask, Don’t Tellā€ on the basis that a military-wide injunction of the statute is ā€œuntenable.ā€

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 ā€œDon’t Ask, Don’t Tellā€ is unconstitutional.

Plaintiffs in the case had sought an injunction against the enforcement of ā€œDon’t Ask, Don’t Tellā€ 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 ā€œDon’t Ask, Don’t Tellā€ even though his administration filed the objection.

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

But advocates working for ā€œDon’t Ask, Don’t Tellā€ 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 ā€œcertainly taking his so-called ‘duty to defend’ this anti-gay military as far as he possibly can.ā€

ā€œTwo blows from the White House in one week is a bit much,ā€ Nicholson said. ā€œFirst, 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.ā€

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,ā€ Cooper said. ā€œMany 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 ā€œDon’t Ask, Don’t Tellā€ would interfere with higher court rulings and foreclose the possibility of litigation in other courts.

ā€œIf 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,ā€ 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 ā€œDon’t Ask, Don’t Tellā€ as well as the Pentagon working group’s efforts to develop a plan to implement repeal.

ā€œEntering 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,ā€ the administration states. ā€œAn 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.ā€

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.

ā€œThe Justice Department’s objections fail to recognize the implications of the government’s defeat at the trial,ā€ Woods said. ā€œIt is as if the South announced that it won the Civil War.ā€

Woods notes that the court previously dismissed the administration’s requests for a stay in the case on three prior occasions and ā€œnothing has changed to suggest that a stay is now appropriate.ā€

ā€œWhat 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,ā€ Woods said. ā€œThat is the saddest, most disappointing, and, in light of the president’s position, most hypocritical part of the objections.ā€

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National

TransTech Social removing barriers to trans success

ā€˜Technology was the key to my freedomā€™

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From left, TransTech members B Hawk Snipes, E.C. Pizarro III, Ang R Bennett, and Adrian Elim. (Photo by Lexi Webster Photography)

It is common knowledge that women earn 84% of the average worker. Less common knowledge? Trans women earn 60% of the average worker. Trans men and non-binary people come in at around 70%, while 16% of all trans people make less than $10,000 annually.Ā 

E.C. Pizarro was lucky, and he knew it. He had a BFA in graphic design and had taught himself how to code. As a stealth trans man in a corporate job, he had access to a stable wage and good benefits. ā€œPeople that do not have experiences in corporate America or with equitable employment don’t realize [these things] are privileges that a lot of people don’t have access to.ā€ 

He wanted to give back and was gearing up to bring more volunteer work into his life by participating in a fraternity for trans men. When he went to a TransTech event and learned about the educational and career resources for trans people who face barriers to entering the workforce, he knew he had found his place. 

At the event he met, Angelica Ross. Yes, that Angelica Ross, of ā€œPoseā€ and ā€œAmerican Horror Story.ā€

Before she was Candy, Ross was a self-taught coder. She went from posing for an adult website to doing its back-end coding to teaching her trans siblings how to succeed in tech.Ā 

ā€œTechnology was the key to my freedom,ā€ Ross said in an interview with The Plug. ā€œTechnology took me from being exploited on someoneā€™s website to building my own websites and to building websites for other people and getting paid to do so.ā€

Pizarro was impressed and wanted to help. ā€œI went up to Angelica and I was like ā€˜Hey, I’m a trans man. These are my skills. I’m down to volunteer and do any type of workā€”the one caveat is that I’m stealth. You can’t tell anybody that I’m trans.ā€™ā€

For four years, Pizarro helped from mostly behind the scenes, sometimes getting side-eyed since people thought he was a cis man in trans spaces. ā€œI was still stealth as the Director of Social Media and Communications for the National Trans Visibility March in 2019,ā€ Pizarro says, chuckling a little.

But by that point, Ross ā€” who headlined the 2019 march ā€” was overextended trying to balance being a world-famous actress, advocate, and businesswoman. 

She needed someone to step in as executive director of TransTech and looked to the group of dedicated volunteers. Pizarro was elected by his peers to take the reins of the organization. 

This was a turning point for Pizarro. ā€œI’m very passionate about tech and for me a small sacrifice of being open with my trans experience to liberate other trans people,ā€ he said. ā€œI felt like if that’s something I got to do, then I’m gonna do it.ā€

And he did it. The infrastructure Ross put together worked: with mentorship, education, community, and networking with trans-accepting employers, trans people were gaining financial security and independence. 

So, Pizarro focused on expanding TransTech as widely as possible. ā€œWe have grown exponentially over the last three years,ā€ he says. ā€œWhen I took over in 2021, we had about 800 members based in the United States. Now we support over 6,700 members across 50 countries.ā€

TransTech is filling a demonstrated need within specifically the trans community. New research from LGBT Tech found that 68% of transgender adults use the internet to find LGBTQ-friendly employment (compared to 38% of cisgender LGBTQ+ adults). More than 70% of all LGBTQ adults use the Internet to access educational content.

Accessibility is central to the TransTech programming. Despite the growth, everything remains free. ā€œThereā€™s no membership fee. All of our programming is free. All of the certifications and educational resources are free,ā€ Pizarro says. 

They know the financial burden the trans community faces ā€” 29% of trans adults live in poverty. ā€œIf weā€™re asking anyone to up-skill [for a cost] and these are the things they are going through, we are asking them to invest in their future versus their meal today.ā€Ā 

Pizarro believes that accessibility is more than just making the training free. He wants the community to understand that tech work is something they are innately capable of doing. 

ā€œTransTech was built on the foundation of nontraditional tech. It’s not always coding. It’s graphic design. It’s social media. It’s video editing. It’s anything that uses a piece of technology and nowadays almost everything uses a piece of technology,ā€ says Pizarro.

He emphasizes to participants: ā€œYou’re in tech and you don’t even know it,ā€ pointing out how many already utilize tech skills like marketing and monetization with their social media accounts.

Some people involved in the programming are nervous about entering the ā€œtech worldā€ because of headlines about tech layoffs. He makes sure to emphasize that unlike in some other jobs, tech companies often pay generous severance packages, which gives employees ā€œbreathing room.ā€ Pizzaro explains that ā€œonce you have experience with one tech company, you can go someplace else and make a substantial amount of money as well.ā€ 

While TransTech is designed for the gender-diverse community, the programming is open to everyone Pizarro explains. ā€œWe just ask that you don’t be transphobic.ā€ (Or any of the other -phobics too, he says, listing them off.) He also emphasizes that this allows trans members who are not out to comfortably participate. 

Pizarro wants everyone to understand that they donā€™t just belong in tech, but they make tech better. ā€œTech is most profitable when you have diverse people building the tech and using the tech,ā€ Pizarro says. ā€œThere is an intentional funding as well as support to diversity tech because they understand how that impacts the product.ā€

He also reminds participants that they have developed transferrable skills in every part of their lives. ā€œI like to tell people if you can manage your life as a trans person in the United States or anywhere you can manage a project.ā€

Angelica Ross was a self-taught coder before she hit it big with ā€˜Pose.ā€™ (Washington Blade file photo by Linus Berggren)
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District of Columbia

Fire by arson forced temporary shutdown of Glorious Health Club

Spa and art gallery catering to gay
men expects to reopen in August

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(Photo from Glorious Health Club's Facebook page)

In a little noticed development, D.C.ā€™s Glorious Health Club, which bills itself as a spa, art gallery, and community center catering to gay men, was forced to close on May 19 after one or more unidentified suspects ignited a fire inside the club that D.C. fire department officials have ruled an act of arson. 

Robert Siegel, the clubā€™s owner, told the Washington Blade that he and investigators with the D.C. Fire and Emergency Medical Services Department believe one or more yet unidentified suspects broke into the kitchen of the former warehouse building where the club is located at 2120 West Virginia Ave., N.E.  

According to Siegel, investigators with the fire departmentā€™s arson squad believe a flammable liquid was used to start the fire in the kitchen and in two other locations within the building.

ā€œThree separate fires were started,ā€ Siegel said. ā€œThey started one on a staircase and one on the upstairs storage area,ā€ he said in addition to the one in the kitchen. He said about 40 patrons were in the club at the time the fire started, and all were able to leave without injury. 

Siegel said the fire caused $500,000 worth of damage to his building, with some of the damage caused ā€” understandably he said ā€” by fire fighters who had to rip open doors and break through the roof to gain access to the flames that engulfed parts of the interior of the building. He said he arranged for repair work to begin after the fire was extinguished.

ā€œI expect weā€™ll be reopening in about a month from now,ā€ he said. ā€œAnd weā€™ll be a bigger and better place.ā€

Fortunately, Siegel said, most of the artwork and art exhibits located in the club were not damaged.

ā€œIt was basically the kitchen, patio, and the roof,ā€ he said, adding that much of the solar panels he had on the roof were destroyed by the fire or by firefighters seeking to gain access to the building. 

ā€œAnd the fire was so hot it did structural damage to the roof,ā€ he said. ā€œIt actually melted steel. Weā€™re talking about 50-foot steel beams that have to be replaced,ā€ he told the Blade. ā€œThatā€™s $100,000 right there.ā€Ā 

Vito Maggiolo, a spokesperson for the D.C. Fire and Emergency Medical Services Department, said the fire was ā€œruled incendiary/arsonā€ and isĀ ā€œunder active investigation.ā€Ā 

It could not immediately be determined if one or more people responsible for the fire targeted the Glorious Health Club because itā€™s a gay community establishment. 

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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ā€˜Ending HIV Epidemicā€™ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommitteeā€™s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Preventionā€™s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretaryā€™s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal governmentā€™s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 ā€œInstead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,ā€ said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

ā€œWhile we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,ā€ Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as ā€œpolicy ridersā€ that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would ā€œblock the Biden administrationā€™s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.ā€™  The statement says another policy rider would ā€œprevent policies or programs intended to promote diversity, equality, or inclusion.ā€

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommitteeā€™s bill and its proposed spending cuts. ā€œThe bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,ā€ he said.

ā€œImportantly, the bill pushes back on the Biden administrationā€™s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,ā€ Cole said in his statement. ā€œIt also preserves long standing bipartisan policy provisions protecting the right to life.ā€

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