Trans woman appointed by Obama

Amanda Simpson, an Arizona transgender activist, was appointed as a senior tech adviser.

In UK, New initiative launched to tackle homelessness among LGBT youth

Four leading LGBT charities have announced the launch of a new initiative to reduce homelessness among young LGBT people.

The initiative, known as ‘Jigsaw’, brings together the legal advisers Stonewall Housing, youth homelessness and support charity the Albert Kennedy Trust, the mental health organisation PACE and Galop, which supports victims of homophobic crime.

A joint statement from the groups said: “Despite the greater legal recognition of LGBT people, social acceptance is far from universal.

“Even in London today, many young LGBT people face rejection from their own family, persecution from their own communities, and even physical attack.

“Furthermore, most offenders of homophobic hate crime are aged between 16 and 20″.

Michael Nastari, the co-ordinator of Jigsaw, and a director of LGBT Youth Homelessness Prevention Network, commented: “The effects of homophobia and transphobia on young people’s lives can be devastating. As a result, they can fail to succeed in education, miss out on employment and training, and suffer a range of mental health issues.

See New initiative launched to tackle homelessness among LGBT youth

PinkNews.co.uk

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New Study Says Obama Can Halt Gay Discharges With Executive Order

Military Law Experts Chart Course to End 16-Year Ban

SANTA BARBARA, Calif. — A study released today by a team of military law experts shows that the president has the legal authority to end gay discharges with a single order. The idea of ending the ban by executive order has gained momentum in the wake of news that mission-critical personnel, including Arabic language speaker Dan Choi, continue to be fired under the Obama administration because they’re gay. Congressman Rush Holt endorsed an executive order to end the ban on Saturday and National Security Adviser James Jones was asked about it by George Stephanopoulos on Sunday morning. The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” is sponsored by the Palm Center at the University of California, Santa Barbara.

Many have argued that only Congress can lift the ban on service by openly gay troops. But according to the study, Congressional approval is not needed. Dr. Aaron Belkin, Director of the Palm Center and a study co-author, said “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House. This study provides a recipe for breaking through the political deadlock, as well as a roadmap for military leaders once the civilians give the green light.”

There are three legal bases to the president’s authority, the report says. First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under 10 U.S.C. 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.” Under the law, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”

The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.” Finally, the law calls for the discharge of service members if a finding of homosexuality is made, but it does not require that such a finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”

Diane H. Mazur, Professor of Law at the University of Florida College of Law and another study co-author, said the presidential authority to stop firing gay troops, known as “stop-loss,” is different from the highly unpopular stop-loss policy that the Army recently announced it would phase out. “That use of stop-loss forcibly extends service by those who wish to leave the military,” she said, “whereas suspending discharges for homosexuality would do the opposite: allow ongoing service by those who wish to remain in uniform.” The study says the provisions of the stop-loss law, which are granted by Congress, are “sensible because they give the President authority to suspend laws relating to separation when a national emergency has strained personnel requirements.”

The other four authors of the study in addition to Mazur and Belkin are Dr. Nathaniel Frank, a Palm researcher and author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America”; Dr. Gregory M. Herek, Professor of Psychology at the University of California, Davis; Dr. Elizabeth L. Hillman, Professor of Law at the University of California Hastings College of the Law; and Bridget J. Wilson, who practices law at Rosenstein Wilson & Dean in San Diego. The report will also be published in a forthcoming book, “Department of Defense Social Policy Perspectives 2010,” edited by James Parco, David Levy and Fred Blass.

The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu * Tags = gay men gay news lesbian news transgender bisexual

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Time To Repeal Don’t Ask Don’t Tell

During his campaign for the White House, President Obama pledged that he would push to repeal “Don’t Ask Don’t Tell” (DADT) — the military’s policy that bars gay men and women from serving openly. Since taking office, however, Obama and other officials serving in his administration have pushed the issue to the back burner. When asked about addressing DADT in March, Defense Secretary Robert Gates said, “I feel like we’ve got a lot on our plates right now and let’s push that one down the road a little bit.” Ret. Gen. Jim Jones, Obama’s national security adviser, told the President recently “not to add another controversy to his already-full plate.” On ABC’s This Week, host George Stephanopolous asked Jones if the policy would be overturned. “I don’t know,” he replied. In fact, the White House website recently watered down language on repealing the policy, replacing the administration’s commitment to “repealing” DADT with a commitment to simply “changing Don’t Ask Don’t Tell in a sensible way.” (The more definitive “repeal” language has since been reinserted.) At the same time, Obama has indicated that he remains committed to repealing the policy. Sandy Tsao, an Army officer who told her superiors last January that she is gay, wrote to Obama urging him to act on repealing DADT. Last week, Obama personally responded to Tsao, writing, “I committed to changing our current policy. Although it will take some time to complete. … I intend to fulfill my commitment!”

DADT STILL CLAIMING CASUALTIES: DADT continues to weaken our nation’s military. Last week, the Army sent National Guard Lt. Daniel Choi — a West Point graduate who served in Iraq and is fluent in Arabic — a letter informing him that he is no longer welcome in the U.S. military because he is gay. The Army said it was dismissing Choi for “moral or professional dereliction,” specifically for admitting “publicly that you are a homosexual, which constitutes homosexual conduct. Your actions negatively affected the good order and discipline of the New York Army National Guard.” Choi is one of more than 13,000 U.S. military personnel to be discharged because of DADT. This number includes those with special skills deemed “mission critical,” such as pilots, combat engineers, and linguists like Choi. The Government Accountability Office found in 2005 that the cost of discharging and replacing servicemembers fired because of their sexual orientation during the policy’s first 10 years totaled at least $190.5 million — roughly $20,000 per discharged service member. While DADT cannot be repealed without congressional action, University of California associate professor Aaron Belkin notes that as president, Obama has the authority to suspend enforcement of the policy. Though it is unclear whether Obama will take this route (especially based on Jones’s advice), Choi said on MSNBC last week that he plans to “fully fight” his dismissal “tooth and nail.” “I believe that ‘Don’t Ask, Don’t Tell’ is wrong, and what we really need to be encouraging soldiers to do is to don’t lie, don’t hide, don’t discriminate, and don’t weaken the military. That’s what we need to be promoting,” he said.

REPEAL DADT: Supporters of the discriminatory DADT often argue that repealing it would weaken the military (despite the fact that Arabic-linguists who are in short supply have been discharged because of it) and fragment unit cohesion. However, a bipartisan study commissioned by the Palm Center at the University of California last year found that “the presence of gays in the military is unlikely to undermine the ability to fight and win.” Choi said that “the biggest thing” he is “angry about” is that the Army claims that his unit suffered “good order and discipline” because he is gay. “That’s a big insult to my unit,” he said. After he came out as gay and before he was discharged, Choi said that “so many people came up to me, my peers, my subordinates, people that outranked me, folks that have been in the Army — and this is an infantry unit, infantry men that — coming up to me and saying, ‘Hey, sir, hey, Lieutenant Choi, we know, and we don’t care. What we care about is that you can contribute to the team.’” Indeed, a December 2006 survey of servicemembers who had served in Iraq or Afghanistan found that 73 percent of those polled were “comfortable with lesbians and gays.” Moreover, the American public doesn’t care either. According to a recent Quinnipiac poll, nearly two-thirds disagreed with the argument that “allowing openly gay men and women to serve in the military would be divisive for the troops and hurt their ability to fight effectively.” Ret. Marine Corps Brig. Gen. Hugh Aitken, who participated in the Palm Center’s study, has criticized Obama’s plans to allow the Pentagon to review the policy before deciding to act on any repeal. “There’s been enough studying throughout the years,” he said. “Creating a new study will not change the facts.”

RIGHT WING STILL OPPOSES A REPEAL: The ultra-conservative Center for Military Readiness (CMR), a group that opposes women and gays serving in combat, is leading an effort against repealing DADT and even trying to block gays from serving in the military altogether. The group’s president, Elaine Donnelly, told Congress last year that having gays serve in the military “sexualizes the atmosphere” because they “engage in passive aggressive behavior.” CMR also tries to muddy the waters with “gay horror stories” from the military, despite having acknowledged that such stories are “very difficult to find.” Prominent members of Congress continue to obstruct as well. When asked about DADT last Sunday, Sen. John McCain (R-AZ) offered his support for it. “Right now the military is functioning extremely well in very difficult conditions,” he said, adding that “the policy has been working and I think it’s been working well.” Other members of Congress, such as Rep. Ellen Tauscher (D-CA) and Rep. Joe Sestak (D-PA), disagree. Sestak, himself a retired U.S. Navy rear admiral, said of DADT recently on MSNBC, “We have to correct this. It’s just not right.” “I can remember being out there in command, and someone would come up to you and start to tell you — and you just want to say, no, I don’t want to lose you, you’re too good,” Sestak said.

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A Gay Justice?

Former Stanford Law School dean Kathleen Sullivan is, according to the National Law Journal, one of the 100 most influential lawyers in America. She’s a nationally prominent scholar and teacher of constitutional law, and author of the nation’s leading casebook in constitutional law.
Stanford Law School professor Pamela Karlan clerked for former Supreme Court Justice Harry Blackmun, is founding director of Stanford’s Supreme Court Litigation Clinic, and is a leading expert on voting and the political process.
Sullivan and Karlan are both frequently mentioned as possible Supreme Court nominees for President Obama.
Both women also happen to be openly lesbian. … Peter Sprigg, a senior fellow at the conservative Family Research Council, says that “the real issue would not be the person’s private life but the issue would be would they be imposing their personal ideology upon the court. In this case would they be imposing a pro homosexual ideology, a pro-same sex marriage ideology.”
Sullivan, for instance, joined a friend of the court brief arguing that same sex marriage should be legal even if the “equal protection” clause “would not always have been interpreted by the courts to forbid discrimination against gay people.” Not allowing same sex marriage is a violation of “both due process and equal protection; the former because the right to marry is a form of liberty and the latter because the restriction treats lesbians and gay men differently from straight individuals.”
That she believes that because she’s lesbian, and not because she believes the refusal to allow same sex marriage constitutes unconstitutional discrimination, is another matter.
Either way, discussion about a Justice Sullivan or a Justice Karlan comes at a time when the Obama administration is hearing some impatience voiced by gay and lesbian activists on other issues.
“I think there is some disappointment in the gay community that (President Obama) hasn’t in this initial period spoken more directly and more forcefully about some of the issues he spoke about on the campaign,” Richard Socarides, a former adviser to President Bill Clinton on gay and lesbian issues, told us for Good Morning America today. “Specifically the ‘Don’t ask/Don’t tell’ policy in the military.” See Gay Justice?
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TA Gay Pride parade to swing to the sound of the ‘Wedding March’

The 11th annual Tel Aviv Gay Pride parade this summer will feature an event organizers believe to be the first ever for such an event anywhere in the world and certainly in Israel – two weddings, one of a gay couple and one of a lesbian pair.

A campaign will be launched on the Web site gogay.co.il seeking couples interested in being wed as part of the event to submit their candidacy.

A committee at the city’s gay community center will determine which two couples will participate in the historic event.

“The idea began with the thought that in the framework of the [city's] centennial celebrations, we wanted to do something substantive and deep to advance the community’s agenda,” said Yaniv Weizman, the adviser to Tel Aviv-Jaffa Mayor Ron Huldai on gay affairs and a Rov Ha’ir city council member.

“The idea is to wed both a gay and lesbian couple on one of the stages during the parade,” he said, adding that the right to marry stands at the top of the gay community’s agenda, particularly as Foreign Minister Avigdor Lieberman’s Yisrael Beiteinu party has raised awareness of civil union rights. See TA Gay Pride parade to swing to the sound of the ‘Wedding March’

Ha’aretz

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Senior GOP Consultant Backs Gay Marriage Washington Post

Steve Schmidt, a top adviser to Sen. John McCain’s (R-Ariz.) 2008 presidential campaign, today laid out the case for gay marriage, warning that the GOP will continue to lose young voters and the Northeast as long the party opposes it.

At a meeting in Washington of the Log Cabin Republicans, a gay rights GOP group, Schmidt dismissed conservative arguments that allowing gay marriage would weaken the institution, as well as objections from religious conservatives, warning that they could turn the Republican Party into a “sectarian” party.

“For the party to be seen as an antigay, that is injurious to its candidates in places like California and Washington and New York,” Schmidt said.

He called heterosexual marriage “a tradition,”not a “creed.”

See Senior GOP Consultant Backs Gay Marriage Washington Post

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Top GOP Consultant Endorses Gay Marriage

If Steve Schmidt is for same-sex marriage, can Senate Republicans be far behind?
Well, yes. We don’t expect establishment Republicans in Washington — or establishment Democrats, for that matter — to suddenly endorse gay marriage. But in a possible sign of the momentum of the gay-marriage movement, Mr. Schmidt, who was a senior adviser to the Republican presidential nominee, Senator John McCain, last year, is promoting gay marriage this afternoon.
He endorsed same-sex marriage last month, in an interview with the Washington Blade.
Today, Mr. Schmidt, who also served as a top Bush aide, discusses the subject with the Log Cabin Republicans, a group that supports gay rights. According to CNN, he will call on conservative Republicans to drop their opposition at a lunchtime speech in Washington.
Mr. Schmidt, who has a sister who is a lesbian See Top GOP Consultant Endorses Gay Marriage
New York Times * Tags = gay men gay news lesbian news transgender bisexual

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Experts Question Obama Plan to Consult Military on Gays, Consultations Could Backfire As In 1993

Some experts are questioning President Obama’s effort to consult with military leaders as he plans to repeal the “don’t ask, don’t tell” policy. The AP reported today that Obama “has begun consulting his top defense advisers on how to lift a ban.” But Dr. Nathaniel Frank, author of a new book on the policy, says that “Last time political leaders consulted with the military on this issue, the brass still claimed they had not been consulted, and the result was a disaster. Remember, Clinton insisted he was consulting on how, not whether, to lift the ban, and even so, we got ‘don’t ask, don’t tell.’”

Frank’s new book presents never-reported evidence indicating that military officers who wrote the blueprint for “don’t ask, don’t tell” based the policy “on nothing” but their “own prejudices and fears.” The book, “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America,” which was released today, contains the largest collection of evidence showing openly gay service does not undermine military effectiveness. Frank is Senior Research Fellow at the Palm Center at the University of California, Santa Barbara.

Last month, a retired Marine Corp General questioned a similar Obama administration proposal to study “don’t ask, don’t tell.” “There’s been enough studying throughout the years,” said General Hugh Aitken. “Creating a new study will not change the facts.”

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Lesbian picked for White House associate counsel job

Alison Nathan, an out fellow at New York University’s law school and a visiting assistant professor at Fordham’s law school, was named one of President Barack Obama’s associate counsels. Nathan, during Obama’s White House campaign, served as a national voter protection senior adviser and as a member of his LGBT advisory committee. Washington Blade