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Lesbian officer discharged under ‘Don’t Ask’ settles with Air Force

Witt to retire from Air Force with full benefits

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The high-profile case of a lesbian Air Force officer who was discharged under “Don’t Ask, Don’t Tell” and seeking reinstatement in the U.S. military has resulted in a settlement allowing her to retire with full benefits.

On Tuesday, the American Civil Liberties Union of Washington announced that Maj. Margaret Witt, a flight nurse separated in 2007 under ā€œDonā€™t Ask, Donā€™t Tell,” reached an agreement with the U.S. government in litigation challenging her discharge. The ACLU of Washington represented Witt since 2006 in a lawsuit known as Witt v. Air Force.

According to the ACLU, Witt will retire with full benefits, the unlawful discharge will be removed from her military service record and the U.S. government will drop the appeal of the district court ruling in her favor.

In a statement, Witt said rulings and appeals over the course of litigation in the Ninth Circuit contributed to discussion on “Don’t Ask, Don’t Tell” that led to passage of legislation allowing for repeal of the law. She was present during the signing ceremony of the repeal legislation in December.

ā€œI am proud to have played a role in bringing about the repeal of ā€˜Donā€™t Ask, Donā€™t Tell,ā€™” Witt said. “I am so pleased that the tens of thousands of lesbians and gays who have served their country honorably will be able to serve openly.”

In November, the Obama administration appealed to U.S. Ninth Circuit of Appeals a decision from U.S. District Court Judge Ronald Leighton ordering that Witt be reinstated into the Air Force. Following his ruling in September, Witt became the first gay person discharged under ā€œDonā€™t Ask, Donā€™t Tellā€ to be reinstated by court order.

ā€œFor the past seven years, I have been fighting for my rights and the rights of other lesbians and gays in the military,” Witt said. “I wish I could have spent that time serving with my peers. Now, with the lawsuit completed, Iā€™m ready to start a new chapter in my life.”

Witt, who had served in the Air Force for 18 years, has begun a doctorate program and serves as rehab coordinator at the Veterans Administration hospital in Spokane, Wash, according to the ACLU.

Sarah Dunne, legal director for ACLU of Washington, responded to the settlement by commending the U.S. military for moving toward repeal of “Don’t Ask, Don’t Tell.”

“As weā€™ve seen over the past six months, the military is now in the process of successfully integrating openly lesbian and gay soldiers,” Dunne said. “ā€˜Donā€™t Ask, Donā€™t Tellā€™ was a failed policy that perpetuated unlawful discrimination for far too long. We are pleased that gay and lesbian U.S. service members no longer have to hide their sexual orientation and compromise their integrity.ā€

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, commended Witt for reaching a settlement with the U.S. government.

“Her case established a new rule of law in the Ninth Circuit, and her voice and story were pivotal in building support for the repeal of ā€˜Donā€™t Ask, Donā€™t Tell,'” Sarvis said. “This is not just a victory for Maj. Witt ā€” itā€™s a victory for justice and for service members everywhere.ā€

In 2008, the U.S. Ninth Circuit Court of Appeals ruled that the Air Force had to prove that discharging Witt was needed for purposes of military readiness. Additionally, the court ruled that before separating a service member under “Don’t Ask, Don’t Tell,” the military had to prove that his or her presence undermines unit cohesion. This requirement became known as the ā€œWitt Standard” and was used in subsequent litigation against the military’s gay ban.

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

ā€˜Biden administration is flat wrong on thisā€™

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

ā€œHealth care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

ā€œThe Biden administration is flat wrong on this. Itā€™s wrong on the science and wrong on the substance. Itā€™s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patientsā€”where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitationā€”the entire community is watching.” 

ā€œNo parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,ā€ she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

ā€œThis is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,ā€ said Scott.

ā€œLetā€™s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patientsā€™ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youthā€™s access to the very same care that many cisgender youth receive every year ā€” thatā€™s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.ā€ 

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Congress

Members of Congress introduce resolution to condemn Uganda’s Anti-Homosexuality Act

U.S. Reps. Mark Takano (D-Calif.) and Joyce Beatty spearheaded condemnation

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

More than 20 members of Congress on Thursday introduced a resolution that condemns Uganda’s Anti-Homosexuality Act.

Gay California Congressman Mark Takano and U.S. Rep. Joyce Beatty (D-Ohio) spearheaded the resolution that U.S. Reps. Becca Balint (D-Vt.), Lloyd Doggett (D-Texas), Adriano Espaillat (D-N.Y.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Josh Gottheimer (D-N.J.), RaĆŗl Grijalva (D-Ariz.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Gwen Moore (D-Wis.), Seth Moulton (D-Mass.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Mark Pocan (D-Wash.), Delia Ramirez (D-Ill), Linda SĆ”nchez (D-Calif.), Jan Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Rashida Tlaib (D-Mich.), Ritchie Torres (D-N.Y.), and Debbie Wasserman Schultz (D-Fla.) co-sponsored.

“The House of Representatives condemns the government of Ugandaā€™s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ā€˜’promotion of homosexuality,ā€™” reads the resolution.

The resolution, among other things, also calls upon the Ugandan government to repeal the law.

ā€œIt is difficult to overstate the gross inhumanity of Ugandaā€™s Anti-Homosexuality Act,ā€ said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court in April refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists appealed the ruling.

ā€œInstead of focusing on rooting out corruption or ending extrajudicial killings, the Ugandan Parliament, president, and Constitutional Court have chosen to mark LGBTQ+ Ugandans as less than human,” said Takano. “Congress must not be silent in the face of such systematic, state-sponsored discrimination.”

“To all those LGBTQ+ people and your allies in Uganda ā€” we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.ā€ 

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LGBTQ issues absent from Trump-Biden debate

Advocacy groups hoped candidates would address queer topics

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Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

At their televised debate in Atlanta on June 27, President Joe Biden and former President Donald Trump traded barbs on issues from abortion and election integrity to immigration and foreign policy. The 81 and 78-year-old candidates even argued over who is a better golfer.

Absent from the discussion, however, were matters of LGBTQ rights that have animated national politics in this election cycle with the presumptive Republican nominee promising to weaponize the federal government against queer and trans Americans as the president pledges to build on his record of expanding their freedoms and protections.

CNN hosted Thursday’s debate, with the network’s anchors Dana Bash and Jake Tapper moderating. ABC News will run the second debate scheduled for September 10.

The president’s performance was widely criticized as halting and shaky, with White House reporter Peter Baker of The New York Times writing that Democratic Party leaders are calling for him to be replaced at the top of the ticket.

Also setting the tone early into the program was Trump’s repetition of the lie that Democrats are so “radical” on matters of abortion that they “will take the life of a child in the eighth month, the ninth month, and even after birth.”

Biden, meanwhile, laid the blame at his opponent’s feet for appointing three U.S. Supreme Court justices during his term in office who overturned Roe v. Wade’s 51-year-old constitutional protections for abortion.

He also referenced the fallout from that ruling and the extreme restrictions passed by conservative legislators in its wake, arguing that Trump would not veto a federal abortion ban if Republican majorities in Congress were to pass one.

Trump also repeated falsehoods about the 2020 presidential election.

“Will you pledge tonight that once all legal challenges have been exhausted, that you will accept the results of this election,” Bash asked him, “regardless of who wins, and you will say right now that political violence in any form is unacceptable?”

The Republican frontrunner first responded by denying he was responsible for his supporters’ violent ransacking of the U.S. Capitol Building on Jan. 6 2021.

After the CNN anchor pressed him twice to answer the first part of her question, Trump said, “if it’s a fair and legal and good election, absolutely” but “the fraud and everything else was ridiculous.”

“You appealed and appealed to courts all across the country,” Biden responded. “Not one single court in America said any of your claims had any merit, state or local, none. But you continue to provoke this lie about somehow, there’s all this misrepresentation, all this stealing ā€” there is no evidence of that at all.”

The president continued, “And I tell you what, I doubt whether you’ll accept it, because you’re such a whiner.”

Advocacy groups hoped the debate would address LGBTQ issues

Leading up to the debate, advocacy groups urged the candidates to defend their records on and policy proposals concerning LGBTQ rights, with some arguing the discussion would advantage President Joe Biden’s campaign, as reported by The Hill’s Brooke Migdon.

As the community celebrated Pride this month, the Biden-Harris 2024 team made significant investments in paid media and the Out for Biden national organizing effort to court LGBTQ voters, who are expected to comprise a larger share of the electorate than ever before.

ā€œThis will be an enormous slight to our community if LGBTQ questions are not asked during this debate,ā€ GLAAD President Sarah Kate Ellis said. ā€œOur community is deeply affected by where these candidates stand.ā€Ā 

ā€œThe safety and freedom of LGBTQ people depends on your engagement with the candidates and ability to inform voters about their records and proposals,ā€ she said.

Annise Parker, the outgoing president and CEO of the LGBTQ+ Victory Fund, said ā€œI certainly hope that the moderators bring up the LGBTQ community and LGBTQ issues, because there is a stark contrast between the two candidates.”

ā€œI hope we see a substantive conversation on the records of these two men for the fight for a more equal society,ā€ said Brandon Wolf, national press secretary at the Human Rights Campaign.

ā€œA vast majority of people in this country support an America that treats people with dignity and respect; they support an America that prevents people from experiencing discrimination and harm simply because of who they are,ā€ he said.

ā€œThat is where the American people largely are, and I hope we get an opportunity on that stage to see the contrast between these two candidates.ā€Ā 

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