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Pelosi foresees ‘Don’t Ask’ end by year’s end

Speaker wants Obama to end policy administratively

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House Speaker Nancy Pelosi spoke at the Gay & Lesbian Victory Fund Awards Gala (Blade photo by Michael Key)

U.S. House Speaker Nancy Pelosi (D-Calif.) on Wednesday reiterated her prediction that “Don’t Ask, Don’t Tell” would be a memory by the year’s end — despite the failure of the Senate last week to move forward with repeal legislation — as she maintained the president has the ability to stop troop discharges without a change in law.

Asked by a reporter whether she’s spoken with Senate Majority Leader Harry Reid (D-Nev.) about the Senate taking another shot at “Don’t Ask, Don’t Tell,” Pelosi replied, “That will be gone by executive — that will happen with or without Congress.”

“I don’t think it has to depend on whether it passes the Senate,” she continued. “The process will work its way through and the president will make his pronouncement.”

The speaker spoke to reporters after she gave a speech at the Gay & Lesbian Leadership Awards at the W Hotel, which was hosted by the Gay & Lesbian Victory Fund.

During her speech, Pelosi made similar assurances and promised that “Don’t Ask, Don’t Tell” will be “gone by the end of the year.”

“Some are here tonight who serve in the military,” she said. “God bless you for your courage and your patriotism. … But because of courage of some of them, this will be gone by the end of the year.”

Pelosi previously predicted in May that “Don’t Ask, Don’t Tell” would be “a memory” by the end of this year during an interview with the Hill newspaper.

Speaking to reporters, Pelosi said Congress got the ball rolling on repealing “Don’t Ask, Don’t Tell” to get lawmakers on record on the issue and so the change would be “in statute and all of that.”

The House in May passed an amendment that would repeal “Don’t Ask, Don’t Tell” as part of the fiscal year 2011 defense authorization bill.

“But even the bill that we passed said that it was contingent upon the recommendation of the president’s … review,” she said. “The only difference would be statute versus the president [making a policy change.]”

Pressed on whether she thinks the executive branch would ultimately be responsible for ending “Don’t Ask, Don’t Tell,” Pelosi replied, “That’s where it was anyway.”

“Others wanted to have more, so we tried to do more,” she said. “We’ll work very closely to try to see what happens after the election.”

Pelosi has previously said President Obama can issue an executive order to stop discharges under “Don’t Ask, Don’t Tell” without action from Congress.

Supporters of “Don’t Ask, Don’t Tell” repeal have been calling on Obama since the beginning of his administration to issue an order to stop the discharges under the law, but the president hasn’t taken such action.

Asked whether she would call on Obama to issue an order to end “Don’t Ask, Don’t Tell,” Pelosi replied, “That is the unfolding that we will see.”

“I’m very pleased with the course that the president’s on, but I think that they we shouldn’t be discharging people until that happens — so that, we have a little separation of — in terms of policy on that,” Pelosi said.

Pelosi added House members who support “Don’t Ask, Don’t Tell” repeal were “very disappointed” the Senate didn’t have sufficient votes to end a filibuster on moving forward with legislation that would end the law.

“In the Senate, the Republicans held up the bill entirely so it couldn’t even be considered, so it was very disappointing,” she said. “They went really out of their way to try to block this.”

Pelosi also reiterated her position that the Employment Non-Discrimination Act wouldn’t see a House vote until legislative action is complete on repealing the 1993 law barring open service in the U.S. military.

“I told everyone that right from the start — that if we want to go down the ‘Don’t Ask, Don’t Tell’ route, then we’d have to put ENDA in a different place,” she said.

Pelosi said initial plans for the 111th Congress were to take on hate crimes protections legislation followed by ENDA and then “Don’t Ask, Don’t Tell.” But she said the House ended up acting on “Don’t Ask, Don’t Tell” first before ENDA because there was “a lot of enthusiasm about changing the order.”

During her speech, Pelosi maintained the importance of the mid-term elections and said “the fabric of our middle class and strength of our democracy” is at stake.

Pelosi added that the election results will also “accelerate the pace of passing ENDA or set us back.”

The speaker said she believes the votes are in the U.S. House to pass ENDA, but expressed concern about a motion to recommit that could derail the bill.

The motion to recommit is a legislative manuever that opponents of ENDA could use to scuttle the bill when it comes to the House floor.

“I think we have the votes for it, but we have to resist the motion to recommit,” Pelosi said. “We can’t pass the bill unless we can resist all of the bad things that they could do to the bill along the way.”

Also speaking at the event were gay Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.).

During his speech, Frank emphasized the importance of keeping a Democratic majority in the next Congress and questioned those who would criticize lawmakers who support LGBT rights for the lack of progress on pro-LGBT bills.

“I understand people being unhappy about that,” he said. “What I do not understand is people who think that the way to respond to the fact that we weren’t able to get things done is further to empower the people who kept us from getting them done.”

Frank urged attendees to “bitch and fight” all the way to the polls to re-elect a Democratic majority in the U.S. House because Pelosi has been such a strong supporter of LGBT rights.

“Neither Tammy, nor I, nor anybody else has ever had to ask for her to support us,” Frank said. “We take that for granted and she has been the been the single most important public official in the history of the United States to be fully committed to our agenda not just as a matter of support, but as matter of her own personal involvement.”

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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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