On Thursday, the Government Accountability Office ( in terms of lost personnel and cost to the government from 2004-09. The report underlines the importance of the actions Congress and President Obama took in the closing days of 2010 in voting to repeal this ugly relic of history and signing the repeal legislation into law.
that 3,664 service members were discharged under DADT between fiscal years 2004-2009. Of those, 1,458 were determined to have held a critical occupation or an important foreign language skill. Additionally, GAO calculated that it cost the Department of Defense about $193.3 million ($52,800 per discharged service member) to both discharge and replace these 3,664 service members.
It simply boggles the imagination as to why such an obviously harmful and destructive law managed to survive for 17 years. Thankfully, it will soon take its rightful place in the dustbin of history thanks to the .
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Press ReleaseNov 2025
LGBTQ Rights
Supreme Court Allows Trump Administration To Enforce Discriminatory Passport Policy. Explore Press Release.Supreme Court Allows Trump Administration To Enforce Discriminatory Passport Policy
WASHINGTON–The Supreme Court of the United States today granted a request from the Trump administration to stay a preliminary injunction in Orr v. Trump, allowing the government to enforce a discriminatory passport policy against transgender, nonbinary, and intersex people while the Ƶ’s challenge to the policy continues. Jon Davidson, Senior Counsel for the Ƶ’s LGBTQ & HIV Project, said “This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights. Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.” “This decision will cause immediate, widespread, and irreparable harm to all those who are being denied accurate identity documents,” said Jessie Rossman, legal director of the Ƶ of Massachusetts. “The Trump administration's policy is an unlawful attempt to dehumanize, humiliate, and endanger transgender, nonbinary, and intersex Americans, and we will continue to seek its ultimate reversal in the courts.” The Ƶ and its nationwide affiliate network have helped transgender, nonbinary, and intersex people around the country secure accurate passports since the preliminary injunction was put in place. Now that the policy will be enforced, anyone who applies for a new, corrected, or replacement passport or for a passport renewal is at risk of having their passport issued bearing the sex they were assigned at birth. We will work to update those at risk of being impacted by today’s order from the Court as we learn more from the State Department. On his first day in office in January 2025, Trump signed an executive order attempting to mandate discrimination against transgender people across the federal government and government programs. This included a directive to the Departments of State and Homeland Security “to require that government-issued identification documents, including passports, visas, and Global Entry cards” reflect a person’s sex “at conception.” Within 48 hours, the State Department paused the processing of some passport applications submitted by transgender, intersex, and nonbinary people and returned others with a newly-issued passport marked with their sex assigned at birth. Over 214,000 public comments in opposition to the State Department’s new policy were collected by the Ƶ and Advocates for Transgender Equality. In February 2025, Orr v. Trump was filed by the Ƶ, the Ƶ of Massachusetts, and Covington and Burling LLP, on behalf of seven people who had not been able to obtain passports that match who they are because of the State Department’s new Passport Policy or were likely to be impacted by the new policy upon their next renewal. The complaint was filed in the federal District Court for the District of Massachusetts. The complaint was subsequently amended to add five additional transgender, nonbinary, and intersex plaintiffs and to seek to represent a class of transgender, nonbinary, and intersex passport holders. All twelve individual plaintiffs were appointed as class representatives. In April, the court granted a preliminary injunction requiring the State Department to allow six transgender and nonbinary plaintiffs in Orr v. Trump to obtain passports with sex designations consistent with their gender identity or with an “X” sex designation while the lawsuit proceeds. In June, the court granted a class certification request and expanded the scope of the preliminary injunction. After the First Circuit Court of Appeals unanimously denied the government’s request to stay the preliminary injunction, the Trump administration filed a stay request to the Supreme Court of the United States. Justice Jackson issued a dissent to today’s order, joined by Justices Sotomayor and Kagan. The full order from the Court is available here.Court Case: Orr v. TrumpAffiliate: Massachusetts -
News & CommentaryOct 2025
Privacy & Technology
+2 Issues
Biometric Bracelets For Prisoners. Explore News & Commentary.Biometric bracelets for prisoners
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Press ReleaseOct 2025
Free Speech
LGBTQ Rights
Journalists Argue Against Puerto Rico's Covid-era “fake News” Law In Federal Appeals Court. Explore Press Release.Journalists Argue Against Puerto Rico's COVID-era “Fake News” Law in Federal Appeals Court
SAN JUAN, Puerto Rico — At a time when the freedom of the press is in growing peril, the U.S. Court of Appeals for the First Circuit heard arguments about Puerto Rico’s “fake news” law, which was struck down by a federal district judge in 2023 for violating the First Amendment. Two journalists challenged the law, saying it chilled their reporting and could endanger any journalism during an emergency that may reflect poorly on the government. “If recent attacks on the freedom of the press have taught us anything, it is that the government cannot be allowed to make themselves the arbiter of public debate,” said Brian Hauss, senior staff attorney with the Ƶ’s Speech, Privacy, and Technology Project. “Prohibiting ‘fake news’ during an emergency gives the government far too much power to chill and criminalize reporting that they don’t like, and it threatens the foundational principle of our Constitution: a free people requires a free press.” The 2020 Puerto Rico law made it a crime to knowingly raise a “false alarm” about impending catastrophes or knowingly convey false information on any topic when doing so results in an imminent risk to safety, health, property; those found in violation of the law could face up to three years in jail and a fine of up to $5,000. “This is a law created to try to control speech and eliminate any dissent, under the threat of criminally prosecuting people who say something the government disagrees with,” said Fermín Arraiza-Navas, legal director of the Ƶ of Puerto Rico. “With this law, the government of Puerto Rico endangers the right to freedom of expression and freedom of the press, especially at a time when we know that freedom of expression is being attacked from multiple angles. This is also an attempt to discourage fair and necessary oversight of the government—precisely during times of emergency. Puerto Rico has plenty of examples showing how, in moments of crisis, the government has failed to provide the public with truthful information, and instead, it has been thanks to journalists and the public that the correct information about these matters has come to light.” Originally filed during the COVID-19 public health crisis, the Ƶ and the Ƶ of Puerto Rico filed the lawsuit on behalf of two journalists, Sandra Rodríguez Cotto and Rafelli González Cotto, who feared that the laws would be used to punish them for their reporting on public emergencies, especially reporting that reflects negatively on the government. On March 31, 2023, the U.S. District Court for the District of Puerto Rico permanently enjoined the law, holding that it violates the First Amendment because it imposes a content-based restriction on protected speech without adequate justification. The court observed that the statute’s exceedingly broad sweep risked politicized prosecutions and chilling protected speech on matters of public concern. As the court put it, “[t]he watchdog function of speech is never more vital than during a large-scale crisis.” For more information about the case, see here.Court Case: Rodríguez-Cotto v. Pierluisi-UrrutiaAffiliate: Puerto Rico -
Press ReleaseOct 2025
Free Speech
LGBTQ Rights
Dodea Must Return Books To Shelves, Judge Rules. Explore Press Release.DoDEA Must Return Books to Shelves, Judge Rules
ALEXANDRIA, Va. — In a victory for free speech, the Department of Defense (DOD) must stop censoring classroom and library materials pertaining to race and gender in DOD-run schools, a judge ruled today. On behalf of six military families with students enrolled in Department of Defense Education Activity (DoDEA) schools, the Ƶ, the Ƶ of Kentucky, and the Ƶ of Virginia filed a motion for preliminary injunction in May seeking to declare DoDEA’s enforcement of executive orders resulting in classroom censorship unconstitutional. DoDEA, whose students lead the United States in math and reading proficiency scores, operates 161 schools across 11 countries, seven states, Guam, and Puerto Rico. “This is an important victory for students in DoDEA schools and anyone who values full libraries and vibrant classrooms,” said Emerson Sykes, senior staff attorney with the Ƶ’s Speech, Privacy, and Technology Project. “The censorship taking place in DoDEA schools as a result of these executive orders was astonishing in its scope and scale, and we couldn’t be more pleased that the court has vindicated the First Amendment rights of the students this has impacted.” The demand for an injunction was filed on behalf of 12 students and their families, ranging from pre-K to 11th grade, who attend DoDEA schools as children of active duty servicemembers stationed in Virginia, Kentucky, Italy, and Japan. Since January, the plaintiffs’ schools have removed books, altered curricula, and canceled events that the Trump administration has accused of promoting “gender ideology” or “divisive equity ideology.” Censored items include materials about slavery, Native American history, women’s history, LGBTQ identities and history, and preventing sexual harassment and abuse, as well as portions of the Advanced Placement (AP) Psychology curriculum. The judge recently ordered the full list of 596 censored book titles to be filed publicly, and it can be viewed here. “We are pleased to see the court agrees with our clients,” said Corey Shapiro, legal director for the Ƶ of Kentucky. “Removing books from school libraries just because this administration doesn’t like the content is censorship, plain and simple. The materials removed are clearly age-appropriate and are only offensive to those who are afraid of a free-thinking population.” The injunction is limited to the five schools attended by plaintiffs, but the message is clear: DoDEA’s censorship of books and curriculum materials is unconstitutional. “By quarantining library books and whitewashing curricula in its civilian schools, the Department of Defense Education Activity violated students’ First Amendment rights,” said Matt Callahan, senior supervising attorney at the Ƶ of Virginia. “Today’s ruling affirms that government can’t scrub references to race and gender from public school libraries and classrooms just because the Trump administration doesn’t like certain viewpoints on those topics.” The Ƶ, the Ƶ of Kentucky, and the Ƶ of Virginia filed suit in April, arguing that DoDEA enforcement of three executive orders signed by President Donald Trump in January 2025 led to widespread violations of students’ First Amendment rights. The suit, and the motion for preliminary injunction, were filed in the U.S. District Court for the Eastern District of Virginia.Court Case: E.K. v. Department of Defense Education ActivityAffiliates: Virginia, Kentucky