US May Lift Entry Ban on HIV Patients
For more than two decades, anybody who is HIV positive has been prevented from entering the United States. But with President Barack Obama’s support, the ban will likely expire soon, with the Centers for Disease Control and Prevention (CDC) taking public comments until August 17. The department of Health and Human Services (HHS) will then make the final decision. “We’re trying to end the stigma and the discriminatory practice for a disease that doesn’t warrant exclusion for coming into this country,” said the director of the CDC’s division of global migration and quarantine, Dr. Martin Cetron. “We have to appreciate this is not a threat we face from abroad.” He acknowledged that “HIV is clearly a public health disease of significance,” but added that simply letting somebody with HIV into the country does not “immediately pose a risk to the public.”
The proposal could allow an average of about 5,000 HIV-infected people into the United States each year. And according to a CDC estimate published in the federal register, the lifetime medical costs of those admitted in just the first year would total almost $100 million. The United States is one of about 15 countries that prevent entry of HIV-positive patients, though it is possible to obtain a waiver under certain conditions. See US May Lift Entry Ban on HIV Patients
The New American
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Ancient India didn’t think homosexuality was against nature
NEW DELHI: Was Indian society tolerant of homosexuality before the colonial administration proscribed it in 1860? The government has taken conflicting positions on this within the country and outside.
On a petition pending before the Delhi high court seeking to decriminalize homosexuality, the government said in its counter affidavit that that there were “no convincing reports to indicate that homosexuality or other offences against the order of nature mentioned in Section 377 IPC were acceptable in the Indian society prior to colonial rule.�
But when it was being reviewed by the UN Human Rights Council last year for the first time ever, India distanced itself from that provision when Sweden, arguably the most gay-friendly country in the world, questioned its record in ensuring equality irrespective of a person’s sexual orientation.
This is how Goolam Vahanvati, who was then solicitor-general and is now attorney-general, tried to save India’s face before the council as part of its official delegation. “Around the early 19th Century, you probably know that in England they frowned on homosexuality, and therefore there are historical reports that various people came to India to take advantage of its more liberal atmosphere with regard to different kinds of sexual conduct.
“As a result, in 1860 when we got the Indian Penal Code, which was drafted by Lord Macaulay, they inserted Section 377 which brought in the concept of ‘sexual offences against the order of nature’.
Now in India we didn’t have this concept of something being ‘against the order of nature’. It was essentially a Western concept, which has remained over the years. Now homosexuality as such is not defined in the IPC, and it will be a matter of great argument whether it is ‘against the order of nature.”
Vahanvati’s admission on the international forum that the ban on homosexuality was a western import and its relevance was debatable flies in the face of the government’s unabashed efforts before the Delhi high court to retain Section 377, complete with its colonial baggage and archaic notion of unnatural offences.
Whatever the politics behind this glaring contradiction, there is ample evidence placed before the high court by petitioner Naz Foundation substantiating in effect Vahanvati’s view that in the centuries prior to the enactment of section 377, India was rather accommodating of homosexuals. See Ancient India didn’t think homosexuality was against nature
Times of India
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Texas official admits mistakes in raid of gay bar
A raid on a Fort Worth gay bar by the Texas Alcoholic Beverage Commission that left one man seriously injured was done in violation of several of the agency’s policies, according to TABC Administrator Alan Steen. “I don’t think you have to dig very deep to figure out that TABC has violated some of their policies,” Steen said. “We know that, and I apologize for that.” Meanwhile, the city is requesting that federal prosecutors take on additional oversight responsibilities for the investigation of what transpired at the Rainbow Lounge. Dallas Voice (7/16) , Fort Worth Star-Telegram (Texas)
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Congressional Race in California Draws a High-Profile Cast
WALNUT CREEK, Calif. — With competitive races in Congress a rarity in California, the unexpected availability of a seat here has set off a sudden and furious chase, with at least a dozen candidates and a mélange of political styles and personal storylines.
California’s 10th Congressional District, a sprawling inkblot made up of a collection of suburbs east of San Francisco, has been represented since 1997 by Ellen O. Tauscher, a Democrat who resigned after being confirmed on June 25 to a top post in the State Department.
The field to succeed her includes the lieutenant governor, two state lawmakers, a decorated Iraqi war veteran who is openly gay and a former newspaper reporter. And that does not even include the Republican candidates in this Democratic-leaning district.
The crush of hopefuls, said Henry Brady, a professor and dean of the public policy school at University of California, Berkeley, might stem in part from the diversity of the district, which extends from the liberal Bay Area to more conservative territory inland.
“These seats don’t come available very much, and the reason is very simple: geography,” Dr. Brady said. “The Democrats are primarily on the coast, and the Republicans are in the Central Valley and the mountains, so it’s very hard to build a competitive district. But this has the potential to be one.”
The lieutenant governor, John Garamendi, is considered the early favorite to replace Ms. Tauscher. Mr. Garamendi, a Democrat who had considered running for governor next year, said he opted instead for Congress in large part because of the abbreviated campaign. A primary, followed by a special election, to complete Ms. Tauscher’s term must be held within 126 days of the governor setting the date. Gov. Arnold Schwarzenegger issued a proclamation Friday declaring Nov. 3 the date for the special election.
“I thought, How am I going to spend two valuable years of my life?” said Mr. Garamendi, 64, who previously served as the deputy secretary of interior in the Clinton administration as well as the California’s first elected insurance commissioner. “Am I going spend two years dialing for dollars, or am I going to spend four months out ringing doorbells and campaigning person to person and the other 20 months working on issues?”
Mr. Garamendi’s principal challengers among the Democrats, some polls show, are State Senator Mark James DeSaulnier and Assemblywoman Joan Buchanan. Both were elected to their current posts last fall.
Mr. DeSaulnier, 57, is a former mayor, city councilman and assemblyman, who says his career comes in spite a devastating personal experience with politics: a scandal involving his father, Judge Edward J. DeSaulnier Jr., who was removed from the bench of the Massachusetts Superior Court and disbarred in 1972 after being accused of rigging a sentence for the Mafia. The older Mr. DeSaulnier was never charged with a crime but was disgraced nonetheless and committed suicide in 1989.
“I’ve been very affected by my father’s journey,” said Mr. DeSaulnier, who worked as a restaurateur before running for office. “And I’ve loved my public life.”
The rest of the Democratic field is not as well known, though one candidate has attracted some national attention: Anthony Woods, a 28-year-old graduate of the United States Military Academy at West Point and a veteran of the Iraq war who was awarded the Bronze Star for two tours of duty. Shortly after his return from combat, while at Harvard working toward his master’s degree, Captain Woods told military superiors that he is gay, resulting in an honorable discharge.
While considered a long shot for the Congressional seat, Mr. Woods would be the first openly gay black man in Congress, though he has been careful on the campaign trail to trumpet more than his sexuality.
“The first thing I talk to voters about is their priorities, universal health care and economic security,” he said. “I’m not hiding who I am, but they’re just as interested in talking about the issues as I am.”
See Congressional Race in California Draws a High-Profile Cast
New York Times
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Rep. Sally Kern says ‘debauched’ gay marriage caused bad economy
Rep. Sally Kern of Oklahoma, who has called being gay a “deadly lifestyle”, has released what she calls a “Proclamation for Morality”, which reads more like a manifesto against homosexuality. Kern, who apparently is unfamiliar with the fact that the United States was founded on the principle of separation of church and State, consistently uses religion as a basis for her arguments.
The New Civil Rights Movement published Kern’s “proclamation”, in which she says gay marriage is a form of “debauchery” like “abortion, pornography, sex trafficking, divorce, illegitimate births, and child abuse.” She blames the bad state of the economy on this so-called “debauchery”:
“WHEREAS, we believe our economic woes are consequences of our greater national
moral crisis; and
WHEREAS, this nation has become a world leader in promoting abortion,
pornography, same sex marriage, sex trafficking, divorce, illegitimate births, child abuse, and
many other forms of debauchery; and
WHEREAS, alarmed that the Government of the United States of America is forsaking
the rich Christian heritage upon which this nation was built; and
WHEREAS, grieved that the Office of the president of these United States has refused
to uphold the long held tradition of past presidents in giving recognition to our National Day of
Prayer; and
WHEREAS, deeply disturbed that the Office of the president of these United States
disregards the biblical admonitions to live clean and pure lives by proclaiming an entire month to
an immoral behavior”
Tulsa World called the reading and signing of Kern’s proclamation “circus-like”. About 200 supporters stood with her inside the State Capitol gathering signatures, while Kern was repeatedly interrupted by protesters.
See Rep. Sally Kern says ‘debauched’ gay marriage caused bad economy …
Examiner.com -
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Gay soldier may be discharged
Syracuse – A military administrative board recommended on Tuesday that a National Guard officer who publicly announced he was gay should be discharged for violating the military’s policy against homosexual conduct.
Lieutenant Dan Choi would be the first New York National Guard member discharged for violating the so-called “don’t ask, don’t tell” policy, Lieutenant Colonel Paul Fanning, a spokesperson for the New York Army National Guard, said.
Choi, 28, appeared here before a Federal Recognition Board, a panel of four military officers, which deliberated for four hours before deciding to recommend the army no longer recognise him as an officer.
Choi, a combat veteran who on Sunday was a celebrity grand marshal in San Francisco’s Gay Pride Parade, said it amounted to firing him “for nothing more than telling the truth about who I am”. See Gay soldier may be discharged
Independent Online
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Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban
Whatever Chief U.S. District Judge Vaughn Walker winds up deciding on Proposition 8, it’s clear he wants an airtight trial record to support it.
Holding his first hearing Thursday on the controversial measure that outlawed same-sex marriage, Walker repeatedly stressed the importance of establishing a record that will stand the test of time.
He told a packed courtroom that he was “reasonably sure” that the challenge launched by two high-profile litigators is “only touching down in this court” and merely a “prelude” for things to come.
“How we do things here,” Walker said, “is more important than what we do.”
He noted that other courts have rendered decisions on same-sex marriage without holding full trials, which he suggested was a “problem.”
Perry v. Schwarzenegger, 09-CV-2292, was filed in May by Theodore Olson, who represented George W. Bush in the landmark Bush v. Gore case, and David Boies, who represented Al Gore. Boies wasn’t present on Thursday. The suit attacks Prop 8 on equal protection and due process grounds.
Walker had already issued a tentative order allowing Prop 8 proponents to intervene and denying a preliminary injunction (pdf). He stood by both orders during Thursday’s 50-minute session.
Olson, a partner in Gibson, Dunn & Crutcher’s Washington, D.C., office who has argued before the U.S. Supreme Court 55 times, nonetheless made a fleeting attempt to persuade Walker to change his mind on the injunction.
“Every day that Prop 8 is enforced perpetuates a tragic injustice” on gays and lesbians, he argued, saying it “brands” them as “second-class citizens, unworthy and different.”
“The Supreme Court,” Olson argued, “has held again and again and again that the right to marry is the most important relationship in life.”
Representing the Prop 8 proponents, Washington attorney Charles Cooper, who was a top Justice Department lawyer during the Reagan administration, warned that the lawsuit could “sweep away” not only Prop 8, but the definition of marriage in 43 states and the federal government.
The Cooper & Kirk partner also argued that marriage has by tradition always been the union of a man and a woman, and said that every Supreme Court case that describes marriage has noted that its central purpose is procreation.
See Federal Judge Stresses Trial Record on Calif. Gay-Marriage Ban Above the Law
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Obama urges lesbian, gay patience overturning ‘unjust laws’
THE PRESIDENT: Hello, everybody. Hello, hello, hello. (Applause.) Hey! Good to see you. (Applause.) I’m waiting for FLOTUS here. FLOTUS always politics more than POTUS.
MRS. OBAMA: No, you move too slow. (Laughter.)
THE PRESIDENT: It is great to see everybody here today and they’re just — I’ve got a lot of friends in the room, but there are some people I want to especially acknowledge. First of all, somebody who helped ensure that we are in the White House, Steve Hildebrand. Please give Steve a big round of applause. (Applause.) Where’s Steve? He’s around here somewhere. (Applause.)
The new chair of the Export-Import Bank, Fred Hochberg. (Applause.) Where’s Fred? There’s Fred. Good to see you, Fred. Our Director of the Institute of Education Sciences at DOE, John Easton. Where’s John? (Applause.) A couple of special friends — Bishop Gene Robinson. Where’s Gene? (Applause.) Hey, Gene. Ambassador Michael Guest is here. (Applause.) Ambassador Jim Hormel is here. (Applause.) Oregon Secretary of State Kate Brown is here. (Applause.) All of you are here. (Laughter and applause.) Welcome to your White House. (Applause.) So.
AUDIENCE MEMBER: (Inaudible.) (Laughter.)
THE PRESIDENT: Somebody asked from the Lincoln Bedroom here. (Laughter.) You knew I was from Chicago too. (Laughter.)
It’s good to see so many friends and familiar faces, and I deeply appreciate the support I’ve received from so many of you. Michelle appreciates it and I want you to know that you have our support as well. (Applause.) And you have my thanks for the work you do every day in pursuit of …
… equality on behalf of the millions of people in this country who work hard and care about their communities — and who are gay, lesbian, bisexual, or transgender. (Applause.)
Now this struggle, I don’t need to tell you, is incredibly difficult, although I think it’s important to consider the extraordinary progress that we have made. There are unjust laws to overturn and unfair practices to stop. And though we’ve made progress, there are still fellow citizens, perhaps neighbors or even family members and loved ones, who still hold fast to worn arguments and old attitudes; who fail to see your families like their families; and who would deny you the rights that most Americans take for granted. And I know this is painful and I know it can be heartbreaking.
And yet all of you continue, leading by the force of the arguments you make but also by the power of the example that you set in your own lives — as parents and friends, as PTA members and leaders in the community. And that’s important, and I’m glad that so many LGBT families could join us today. (Applause.) For we know that progress depends not only on changing laws but also changing hearts. And that real, transformative change never begins in Washington (cellphone “quacks”). Whose duck is back there? (Laughter.)
MRS. OBAMA: It’s a duck.
THE PRESIDENT: There’s a duck quacking in there somewhere. (Laughter.) Where do you guys get these ring tones, by the way? (Laughter.) I’m just curious. (Laughter.)
Indeed, that’s the story of the movement for fairness and equality — not just for those who are gay, but for all those in our history who’ve been denied the rights and responsibilities of citizenship; who’ve been told that the full blessings and opportunities of this country were closed to them. It’s the story of progress sought by those who started off with little influence or power; by men and women who brought about change through quiet, personal acts of compassion and courage and sometimes defiance wherever and whenever they could.
That’s the story of a civil rights pioneer who’s here today, Frank Kameny, who was fired — (applause.) Frank was fired from his job as an astronomer for the federal government simply because he was gay. And in 1965, he led a protest outside the White House, which was at the time both an act of conscience but also an act of extraordinary courage. And so we are proud of you, Frank, and we are grateful to you for your leadership. (Applause.)
It’s the story of the Stonewall protests, which took place 40 years ago this week, when a group of citizens — with few options and fewer supporters — decided they’d had enough and refused to accept a policy of wanton discrimination. And two men who were at those protests are here today. Imagine the journey that they’ve traveled.
It’s the story of an epidemic that decimated a community — and the gay men and women who came to support one another and save one another; and who continue to fight this scourge; and who demonstrated before the world that different kinds of families can show the same compassion and support in a time of need — that we all share the capacity to love.
So this story, this struggle, continues today — for even as we face extraordinary challenges as a nation, we cannot — and will not — put aside issues of basic equality. (Applause.) We seek an America in which no one feels the pain of discrimination based on who you are or who you love.
And I know that many in this room don’t believe that progress has come fast enough, and I understand that. It’s not for me to tell you to be patient, any more than it was for others to counsel patience to African Americans who were petitioning for equal rights a half-century ago.
But I say this: We have made progress and we will make more. And I want you to know that I expect and hope to be judged not by words, not by promises I’ve made, but by the promises that my administration keeps. And by the time you receive — (applause.) We’ve been in office six months now. I suspect that by the time this administration is over, I think you guys will have pretty good feelings about the Obama administration. (Applause.)
Now while there is much more work to do, we can point to important changes we’ve already put in place since coming into office. I’ve signed a memorandum requiring all agencies to extend as many federal benefits as possible to LGBT families as current law allows.
And these are benefits that will make a real difference for federal employees and Foreign Service Officers, who are so often treated as if their families don’t exist. And I’d like to note that one of the key voices in helping us develop this policy is John Berry, our director of the Office of Personnel Management, who is here today. And I want to thank John Berry. (Applause.)
I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination — (applause) — to help end discrimination against same-sex couples in this country. Now I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I’ve made that clear.
I’m also urging Congress to pass the Domestic Partners Benefits and Obligations Act, which will guarantee the full range of benefits, including healthcare, to LGBT couples and their children. (Applause.) My administration is also working hard to pass an employee nondiscrimination bill and hate-crimes bill, and we’re making progress on both fronts. (Applause.) Judy and Dennis Shepard, as well as their son Logan, are here today. I met with Judy in the Oval Office in May — (applause) — and I assured her and I assured all of you that we are going to pass an inclusive hate-crimes bill into law, a bill named for their son Matthew. (Applause.)
In addition, my administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. (Applause.) The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step toward ending this policy.
And we all know that HIV/AIDS continues to be a public health threat in many communities, including right here in the District of Columbia. And that’s why this past Saturday, on National HIV Testing Day, I was proud once again to encourage all Americans to know their status and get tested the way Michelle and I know our status and got tested. (Applause.)
And finally, I want to say a word about “don’t ask, don’t tell.” As I said before — I’ll say it again — I believe “don’t ask, don’t tell” doesn’t contribute to our national security. (Applause.) In fact, I believe preventing patriotic Americans from serving their country weakens our national security. (Applause.)
Now, my administration is already working with the Pentagon and members of the House and the Senate on how we’ll go about ending this policy, which will require an act of Congress.
Someday, I’m confident, we’ll look back at this transition and ask why it generated such angst, but as commander in chief, in a time of war, I do have a responsibility to see that this change is administered in a practical way and a way that takes over the long term. That’s why I’ve asked the secretary of Defense and the chairman of the Joint Chiefs of Staff to develop a plan for how to thoroughly implement a repeal.
I know that every day that passes without a resolution is a deep disappointment to those men and women who continue to be discharged under this policy — patriots who often possess critical language skills and years of training and who’ve served this country well. But what I hope is that these cases underscore the urgency of reversing this policy not just because it’s the right thing to do, but because it is essential for our national security.
Now even as we take these steps, we must recognize that real progress depends not only on the laws we change but, as I said before, on the hearts we open. For if we’re honest with ourselves, we’ll acknowledge that there are good and decent people in this country who don’t yet fully embrace their gay brothers and sisters — not yet.
That’s why I’ve spoken about these issues not just in front of you, but in front of unlikely audiences — in front of African American church members, in front of other audiences that have traditionally resisted these changes. And that’s what I’ll continue to do so. That’s how we’ll shift attitudes. That’s how we’ll honor the legacy of leaders like Frank and many others who have refused to accept anything less than full and equal citizenship.
Now 40 years ago, in the heart of New York City at a place called the Stonewall Inn, a group of citizens, including a few who are here today, as I said, defied an unjust policy and awakened a nascent movement.
It was the middle of the night. The police stormed the bar, which was known for being one of the few spots where it was safe to be gay in New York. Now raids like this were entirely ordinary. Because it was considered obscene and illegal to be gay, no establishments for gays and lesbians could get licenses to operate. The nature of these businesses, combined with the vulnerability of the gay community itself, meant places like Stonewall, and the patrons inside, were often the victims of corruption and blackmail.
Now ordinarily, the raid would come and the customers would disperse. But on this night, something was different. There are many accounts of what happened, and much has been lost to history, but what we do know is this: People didn’t leave. They stood their ground. And over the course of several nights they declared that they had seen enough injustice in their time.
This was an outpouring against not just what they experienced that night, but what they had experienced their whole lives. And as with so many movements, it was also something more: It was at this defining moment that these folks who had been marginalized rose up to challenge not just how the world saw them, but also how they saw themselves.
As we’ve seen so many times in history, once that spirit takes hold there is little that can stand in its way. (Applause.) And the riots at Stonewall gave way to protests, and protests gave way to a movement, and the movement gave way to a transformation that continues to this day. It continues when a partner fights for her right to sit at the hospital bedside of a woman she loves. It continues when a teenager is called a name for being different and says, “So what if I am?” It continues in your work and in your activism, in your fight to freely live your lives to the fullest.
In one year after the protests, a few hundred gays and lesbians and their supporters gathered at the Stonewall Inn to lead a historic march for equality. But when they reached Central Park, the few hundred that began the march had swelled to 5,000. Something had changed, and it would never change back.
The truth is when these folks protested at Stonewall 40 years ago no one could have imagined that you — or, for that matter, I (laughter) — would be standing here today. (Applause.) So we are all witnesses to monumental changes in this country.
That should give us hope, but we cannot rest. We must continue to do our part to make progress — step by step, law by law, mind by changing mind. And I want you to know that in this task I will not only be your friend, I will continue to be an ally and a champion and a president who fights with you and for you.
Thanks very much, everybody. God bless you. (Applause.) Thank you. It’s a little stuffed in here. We’re going to open — we opened up that door. We’re going to walk this way, and then we’re going to come around and we’ll see some of you over there, all right? (Laughter.) But out there. (Laughter.)
But thank you very much, all, for being here. Enjoy the White House. Thank you. (Applause.) ###
See Obama urges lesbian, gay patience overturning ‘unjust laws’ (text) Los Angeles Times
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The New York Blade Suspends Publication
The New York Blade, one of the two major gay and lesbian newspapers in New York City, has laid off its editor in chief and suspended publication, the chief executive of its publishing company said on Wednesday.
“Everyone was let go, but the people on The Blade know that they may come back if The Blade is coming back,” said the executive, Matthew Bank, of HX Media, which was formed in 2005 by the merger of The Blade and HX Magazine.
The moves came on Tuesday after HX was sold to undisclosed buyers. The Blade, a biweekly paper with a free circulation of 22,000, was left with an uncertain future.
“It doesn’t have an issue scheduled until a week from Friday.” Mr. Bank said. “There are a lot of things that can happen between now and then.”
The decision to suspend publication comes at a particularly active period for journalism concerned with gay issues: the 40th anniversary of the Stonewall riots and the gay pride parade on Sunday, the proposed same-sex marriage bill in the State Senate and discontent over the Obama administration’s performance on gay-rights issues.
“It is an incredibly exciting time for gay journalism,” said Kat Long, who had been editor in chief of The Blade since February. “It’s important that gay papers are around to document it.”
Paul Schindler, editor in chief of Gay City News, the rival New York City gay newspaper, said The Blade had “made good contributions over the years.”
See New York Gay Newspaper Suspends Publication
New York Times -
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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’
SANTA BARBARA, Calif. — In the wake of yesterday’s unexpected Pentagon announcement about gays in the military, experts say the “don’t ask, don’t tell” policy may be on the brink of irreversible change that would speed up its demise. After speaking with President Obama last week, Defense Secretary Robert Gates has asked military lawyers to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The President Monday reiterated his intention to end discrimination against gay troops, saying he is working with Congress and the military to do so.
Christopher Neff, political director of the Palm Center, said the remarks by Secretary Gates marked the first time the Defense Secretary has made clear that the Pentagon is onboard with the President’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that hasn’t been penetrated for fifteen years,” Neff said. “This is a crack in humpty dumpty, and it gets the ball rolling for a political solution since it gives cover to lawmakers who have been waiting for a nod from the Pentagon.”
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