Tauscher moves to end gay ban

Walnut Creek Democrat Ellen Tauscher will move today to end the “Don’t ask, don’t tell” ban on gays in the military, a 15-year relic of the Clinton-era culture wars.

Tauscher last summer had promised a full-scale push to end the ban this year. The Obama presidency clearly lifts the veto threat that had blocked any such move during the Bush administration. Obama promised to support repeal during his campaign. His Republican opponent Sen. John McCain remained opposed.

Polls show solid public support for lifting the ban, with as many as 75 percent backing repeal, a number that has climbed steadily during the wars in Iraq and Afghanistan.

The argument for the ban is that allowing gays and lesbians to serve openly would damage morale.

McCain made that argument last year, saying, “I believe the polarization of personnel and breakdown of unit effectiveness is too high a price to pay for well-intentioned but misguided efforts to elevate the interests of a minority of homosexual service members above those of their units.”

A General Accountability Office study in 2005 showed the military lost 800 service members in 161 occupations. The ban has led to the discharge of desperately needed linquists and translators during the Iraq and Afghanistan wars. See

Tauscher moves to end gay ban

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Leslie Hagen back on the job at Justice

Leslie Hagen, who during the Bush administration reportedly was fired from a post in the Justice Department’s Executive Office for U.S. Attorneys because of rumors that she was a lesbian, has been reinstated. Her job, which previously was subject to an annual contract-renewal process, has been made a permanent position. However, NPR reports that Hagen has not received an apology for the wrongful firing, even though her complaints were corroborated by the Justice Department’s inspector general. Justice also has declined to reimburse her for thousands of dollars of related legal bills, according to this article. National Public Radio

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GOP Behaving Poorly: GOP Delaying Holder Confirmation Over Torture – want him to promise not to go after Bushies

Senate Republicans hope to delay a vote on the confirmation of Eric Holder to become attorney general in order to pressure him to say whether he will prosecute intelligence agents for torture if they were following orders and acting within what they believed to be legal guidelines.

Holder told the Judiciary Committee last week that waterboarding is “torture” and therefore illegal. Susan J. Crawford, the top Bush administration official overseeing the trials of detainees, told the Washington Post that at least one individual held at the prison center at Guantanamo Bay was “tortured.”

The question Republicans want answered before Holder is confirmed: Will you prosecute those who took part in that torture?

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Future of abstinence-only funding in limbo

(New York City) With the exit of the Bush administration, critics of abstinence-only sex education will be making an aggressive push to cut off federal funding for what they consider an ineffective, sometimes harmful program.

How quickly and completely they reach their goal is uncertain, however, as conservative supporters of abstinence …

Lambda Legal Urges Unbiased Nominees to Fill 54 Federal Bench Vacancies

‘The foremost consideration in nominating federal judges should be their commitment to rendering decisions impartially.’
(New York, January 15, 2009) — As inauguration day draws near, Lambda Legal sent a letter to President-Elect Obama and the leadership of the Senate Judiciary Committee, explaining the monumental need for fair and impartial nominees to the federal bench who will address issues facing the gay community without bias.
“In the coming years, a number of key issues that significantly impact the gay community are likely to arise in the federal courts,” said Lambda Legal Executive Director Kevin Cathcart, “The foremost consideration in nominating federal judges should be their commitment to rendering decisions impartially.”
During his two terms, President Bush appointed 326 judges to the federal bench.
“It is no secret that the Bush Administration’s goal was to pack the federal courts at all levels with arch-conservative judges who would be unfriendly to the vigorous protection of civil rights — not only for gay people, but for everyone,” said Cathcart.
“To start, President-Elect Obama will have 54 vacancies to fill and we hope that those nominees can provide balance to what has become a federal system that is often hostile the gay community,” added Cathcart.
Today’s letter is a follow-up to a memo Lambda Legal provided to the Obama Transition Team. It urges President-Elect Obama to nominate federal justices who adhere to precedents established in cases of importance to the gay community- including the right to privacy, protection against laws based on antigay bias, the right to sue in state courts under the Americans with Disabilities Act (ADA) and protections against HIV discrimination, among others.
Finally, the letter seeks to promote judicial integrity through nomination of jurists who represent the nation’s diversity including people who identify as lesbian, gay, bisexual, transgender, people of color, women, and those with public defender and public interest legal backgrounds.
To read the full text of the letter submitted, please visit Lambda Legal’s website www.lambdalegal.org or the email version of this press release includes an attached PDF of the letter.

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ACLU Asks Court To Stop Misuse Of Taxpayer Dollars In Trafficking Victims Program

BOSTON – The American Civil Liberties Union today asked a federal court to require the United States Department of Health and Human Services (HHS) to ensure that funds distributed through the Trafficking Victims Protection Act are not being used to impose religiously based restrictions on reproductive health services. Since 2006, HHS has allowed the United States Conference of Catholic Bishops to limit, based on its religious beliefs, the types of services trafficking victims receive with taxpayer dollars.

“Human trafficking is basically a form of modern-day slavery,” said Brigitte Amiri, staff attorney with the ACLU Reproductive Freedom Project. “There are many organizations that are deeply committed to assisting trafficking victims; our government should ensure that these organizations can provide the full range of needed services, including reproductive health care.”

Through the Trafficking Victims Protection Act, the federal government distributes funds to cover an array of services needed by the more than 14,000 individuals, predominantly women, who are brought into the United States annually and exploited for their labor, including in the commercial sex industry. Many trafficking victims experience extreme violence and sexual assault at the hands of their traffickers. Some become pregnant as a result of rape and some contract sexually transmitted infections, including HIV, according to today’s legal papers.

“For more than two years, the Bush administration has sanctioned the United States Conference of Catholic Bishops’ blatant misuse of taxpayer dollars,” said Daniel Mach, Director of Litigation for the ACLU Program on Freedom of Religion and Belief. “It has allowed USCCB to impose its religious beliefs on trafficking victims by prohibiting sub grantees from ensuring access to services like emergency contraception, condoms, and abortion care.”

Since April 2006, HHS, which administers funds allocated by the federal Trafficking Victims Protection Act, has awarded USCCB grants ranging from $2.5 million to $3.5 million annually to support organizations that provide direct services to trafficking victims. As part of its sub granting program, USCCB prohibits, based on its religious beliefs, grantees from using federal funds to provide or refer for contraceptive or abortion services. USCCB sub grants to service organizations throughout the country, including to providers in Massachusetts.

“We are asking the court to stop this misuse of taxpayer dollars and to protect the health and safety of trafficking victims,” said Sarah Wunsch, staff attorney with the ACLU of Massachusetts. “Trafficking victims need comprehensive and compassionate care to gain their freedom and lead safe and healthy lives.”

The case is ACLU of Massachusetts v. Leavitt (Civ. No. 09-10038), filed in the United States District Court for the District of Massachusetts. Lawyers on the case include Amiri with the ACLU Reproductive Freedom Project; Mach and Heather Weaver with the ACLU Program on Freedom of Religion and Belief; Rose A. Saxe with the ACLU AIDS Project; and Wunsch with the ACLU of Massachusetts.

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New Bush medical rules could harm LGBT, HIV patients

(Washington) The Bush administration, in its final days, has issued a federal rule reinforcing protections for doctors and other health care workers who refuse to participate in abortions and other procedures because of religious or moral objections.

Critics say the protections are so broad they limit a patient’s right to get …

New Bush medical rules could harm LGBT, HIV patients

Critics say the protections are so broad they limit a patient’s right to get …

Alston Exec Is New Gay Rights Leader

Kenneth F. Britt, the executive director of Alston & Bird, has become co-chairman of the board of the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) rights group. The HRC post caps Britt’s career as a gay rights activist in the community and at Alston & Bird, where he’s been the firm’s top administrator for 29 years.

Britt, 59, was elected to the two-year post Nov. 3, the day before Barack Obama was elected president. Britt said Obama’s election is propitious for the gay rights agenda, which is to gain the same protections and benefits that straight people enjoy.

“We got nowhere during the Bush administration,” said Britt, who is optimistic that equality legislation, which languished in Congress during the past eight years, such as a hate crimes bill and the Employment Non-Discrimination Act, will see the light of day under Obama’s administration.

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