Injunction on DADT permanently stayed
The court wanted to show deference to Congress and notes previous courts upheld DADT.
LCR’s DADT case goes to trial
LCR’s DADT case goes to trial
Pentagon consults Canada on DADT
Pentagon consults Canada on DADT
LCR’s DADT trial starts today
The gay Republicans will argue that DADT violates due process and free speech protections.
Monday Watercoooler: DADT surveys and DOMA briefs
- SLDN advises gay and lesbian soldiers not to participate in DADT survey: Last week the Pentagon sent out 400,000 Don’t Ask, Don’t Tell surveys to enlisted men and women. While the Defense Department maintains it plans to keep all responses confidential, the Servicemembers Legal Defense Networkwarns gay troops to tread lightly when filling out the form (they are due on August 15). “As a legal services group, our focus is on ensuring adequate legal protections for those gay and lesbian service members that participate in the surveys,” said Aubrey Sarvis, SLDN’s executive director. “We continue to have discussions with DOD and are working to make sure gay and lesbian service members are protected. At this time, our warning stands that gay and lesbian service members should not take the survey unless adequate legal protections are put in place.” When it comes DADT matters, SLDN is on target. Pay attention to them soldiers. Oh, and by the way? The survey questions are ridiculous!
- Spain wins the World Cup. Congrats to Spain for its victory (unfortunately it was marred by terror attacks in Uganda). With the tournament over, American conservatives can stop whining and now enjoy their manly, non-socialistic, sports in peace.
- White House to introduce national AIDS strategy. On Tuesday the Obama administration will present its national AIDS/HIV strategy. Considering how AIDS advocates are taking the White House to task, this new policy will do one of two things: a) quiet his critics, b) show that when the topic is gay this White House is utterly tone deaf.
- Manhattan Borough President will get married in the Nutmeg State. Scott Stinger, a “New Yorka” through and through, plans to marry fiancée Elyse Buxbaum in Connecticut later this year. Why? As a protest for the lack of marriage rights in the Empire State. “If enough people who have somewhat of a profile — not just politicians, but artists and business leaders — start going into Massachusetts or Connecticut and show New York how embarrassing it is that you can’t get a marriage license for same-sex couples, then we will change things.”
- Whose that girl? Rachel Maddow had an old school look back in the day. Bet she broke many young hearts!
- Suspect arrested in year old murder. Paulina Ibarra, a transgendered woman, was murdered in her Hollywood home in August 2009. Last week the police arrested Jesus Catalan as a suspect. The case is being investigated as a hate crime.
- What will Obama do with DOMA? TheAtlantic’s Marc Ambinder says the Justice Department is going to take its sweet time trying to decide how to handle last week’s DOMA decision. Makes sense. No matter what path he takes, Obama will be slammed. He can only win with gay marriage advocates by opposing DOMA. That is never going to happen. As for the other side, it’s convinced he is a same-sex marriage advocate. You know it’s bad when Brian Brown, president of the National Organization for Marriage, charged the Justice Department with “deliberately sabotag[ing] this case.” Drama queen.
- Heat wave. Last week the East Coast was hit with crazy heat. The best way to survive high temps is to ogle at shirtless men.
HRC Blog pix: DC DADT Lobby Day
HRC Blog pix: DC DADT Lobby Day
HRC Blog pix: DC DADT Lobby Day
HRC Blog pix: DC DADT Lobby Day
Ruby-Sachs: Is Laura Bush giving us too little too late?
[1]
Laura Bush is touring with her new memoir. Inside are all sorts of Bushy juicy tidbits, but the interviews about the book have recently focused on her admission that she believes gay committed couples deserve the same legal rights as everyone. It’s incredible really, that the first lady from an administration famous for pushing for a Consitutional amendment banning gay marriage would come out for gay marriage.
Or maybe it isn’t.
We have seen a numbers of conservative politicians have come to Jesus moments after they are out of power. Colin Powell supported the repeal of DADT after his administration fell. John McCain’s wife came out for gay rights after the election run was over. And now Laura Bush decides that it is safe to admit that she disagreed with her husband when he used his Presidency to attempt to combat the gay rights movement.
The first question is, what does this do for them? The answer, they get the benefit of a progressive label, even if their position isn’t particularly radical, because of their previous conservativism. The alienation they might experience amongst the more conservative base doesn’t matter because they are risking nothing. Basically, they get all the credit with none of the risk.
The second question is, what does this do for them? Joe Solomnese from the Human Rights Campaign thinks it indicates a shift in the hearts and minds of Americans. I think fighting for hearts and minds, while important and valuable, has very little real value. What if we had waited for the hearts and minds of the racist Southern governors during the civil rights movement? We would never have made the strides in equality that we take for granted today. The same is true for gay rights. We don’t need Laura Bush’s heart and mind, we needed her to stand up when her voice had some power.
It’s not that Laura Bush should not vocalize her support for equality. She should. But we should hold off congratulating her for seeing the light. The gay community can turn around and say, “good thing you have your head on straight, wish you had a backbone to go with that quick analytical ability you are so keen to show off.”
It’s just not sufficient to believe in equality. You have to do something about it too.
*Credit for all the good ideas in here goes to Jane Saks – who is among the breathing!
[1] http://www.365gay.com/wp-content/uploads/blog-laura-bush-top.jpg
Culhane: Obama’s LGBT report card
At a recent fund-raiser for Senator Barbara Boxer, Obama was heckled [1] on the military’s “Don’t Ask, Don’t Tell” policy, and some think this isn’t such a bad thing. Even though Boxer is one of our biggest supporters, the protesters’ sentiment captures a frustration many in the LGBT community feel over Obama’s record on our issues.
But is the frustration justified? How, more than a full year into his Administration, should our community grade the President on his performance so far? Speaking from my legal perspective, I’d give him a passing grade (B-, maybe).
This may seem startling to some that I would pass him at all, because very little of the legislation he promised has been enacted. From a candidate who courted the LGBT community on issues ranging from DADT, to the Employment Non-Discrimination Act, to the repeal of the Defense of Marriage Act, we’ve gotten nothing on those issues to date. ENDA may not have the votes in the Senate to pass DADT repeal seems like a moving target, and DOMA’s not even on the radar screen.
We have only hate crimes law, hardly a major victory. Worse, Obama has spent little of his political capital pushing for any of these goals.
So why the B-? It sounds like a “D” would be more appropriate.
But this overlooks the limits of Presidential power to enact legislation. It’s obvious but easy to forget that the President has no power to actually pass any laws. True, Presidents do suggest legislation that they want to see enacted, but they have only the “bully pulpit” of office to make anything happen. And one thing we’ve learned about Obama is that he’s reluctant to use that pulpit to talk directly to the people in support of his agenda. His passionate advocacy for the health care reform bill is the exception that proves the rule.
Of course, Obama could and should use the fact that his party substantially controls both houses of Congress to urge action on these bills, but given the way the filibuster has metastasized into an every-vote thing, he needs all of the Democrats and now at least one Republican for anything to clear the paralyzed Senate. So what can or should he do?
Let me quickly dispel any suggestion that I’m giving the President a pass on any of this. He could and should be trying to do more, especially on DADT where the Administration’s public pronouncements have been harder to chart than the course of a mosquito.
Saying in response to hecklers that he supports the policy’s repeal just won’t cut it any more. And the protesters deserve our gratitude for calling Obama on what Andrew Sullivan has called “the fierce urgency of whenever.” [2]
Yet legislative inaction isn’t the whole story. We should look at what Obama is doing in areas where he can effect change without Congress. Here I’m talking about the vast body of law – including administrative matters and the interpretation and enforcement of legislation – that’s under the control of the Executive Branch. And here, with at least one glaring exception, he’s done much better.
Let’s start with the exception: In defending DOMA against a lawsuit last year, Obama’s Department of Justice wrote a needlessly offensive brief [3] that, as I wrote at the time, “seemed to have been intended to set the course of judicial progress on gay rights back many years.” I was hardly the only blogger to go ballistic over the brief, and then…things got better. A later brief in the case expressly disavowed the argument that children did better in homes headed by opposite-sex parents [4] than in our homes.
Then there was another encouraging performance by the DOJ in a recent bullying case. [5] The Administration took an aggressive and unsettled legal position, arguing that Title IX (the federal law that protects against gender discrimination in education) also covers discrimination based on gender stereotyping.
From the administrative law standpoint, there have been a few other encouraging moves: putting into place long-awaited rules that lifted the HIV immigration restriction; the very recent directive to the Department of Health and Human Services to honor hospital patients’ visitation wishes (in a memorandum that expressly cited the problems of gay and lesbian couples); a memorandum that extended some limited benefits to the same-sex partners of federal employees; and the recent announcement that DADT will now be enforced more “humanely.” None of these actions require acts of Congress, and Obama has at times stepped smartly into this breach.
Should any of us be satisfied if Obama’s (first? only?) term ends with a few more administrative moves, but no additional legislation? No. He has to deliver what he promised, whatever the obstacles. We have to demand results. Above, I gave him a passing (probably inflated) grade on his performance so far.
But the more precise assessment is: ”Incomplete.”
John Culhane is Professor of Law and Director of the Health Law Institute at Widener University School of Law in Wilmington, Delaware. He blogs about the role of law in everyday life, and about a bunch of other things (LGBT rights, public health, biology, sports, pop culture, philosophy and lots of personal stuff) at http://wordinedgewise.org [6]A fuller bio is here [7]. Starting next Tuesday, he will be blogging the week-long Equality Forum [8] from Philadelphia.
[1] http://www.365gay.com/blog/withers-protestors-interrupt-obama-at-fundraiser/
[2] http://andrewsullivan.theatlantic.com/the_daily_dish/2009/05/the-fierce-urgency-of-whenever.html
[3] http://wordinedgewise.org/?p=128
[4] http://wordinedgewise.org/?p=300
[5] http://www.365gay.com/news/culhane-how-to-stop-gay-bullying/
[6] http://wordinedgewise.org/
[7] http://law.widener.edu/Academics/Faculty/ProfilesDe/CulhaneJohnG.aspx
[8] http://equalityforum.com/
Monday Watercooler: Ellen is no fan of America….which is news to her
Polish president dies in plane crash. It’s been a horrifying past few days for Poland. The country lost Lech Kaczynski [1], its president, his wife, and dozens of military and political leaders in a plane crash. As his country mourns the tragedy, we should note Kaczynski was an unrepentant homophobe. During a 2007 visit to Ireland [2], he opined gays and lesbians were going to end the human race. I’ve never danced on a grave in the past. Won’t do it now. Peace to his family, the families of the others who died, and those Poles who are grieving.
[3]
Ellen hates America. A few questions: 1) Family Feud is still on the air?, 2) is it wrong to miss Richard Dawson [4] and his lecherous ways?, and 3) who knew Ellen DeGeneres [5] doesn’t like America much? At least according to a family patriarch in the “Name something that everybody knows about Ellen DeGeneres” category. A friend suggested maybe the confused Daddy was thinking of Rosie O’Donnell, which makes him a bigger fool. Only a old straight man would confuse Ellen with Rosie.
[6]
Sen. John McCain has no clue about Don’t Ask, Don’t Tell. Look at this interview with the senior senator from Arizona about DADT [7]. He rolls out Colin Powell’s 15 year old thoughts, and talks as if there has been no fluctuation in troop support [8] about the ban. Also he doesn’t think too much of gay soldiers. He loves their service, but needs them to be quiet about anything with the gay. And he uses a superb rhetorical trick. When Adm. Mike Mullen [9] says DADT needs to be repealed, he’s giving only his “personal opinion.” However, the theories of Marine Commandant General James T. Conway [10] are nothing but professionally objective. Nicely done, senator. Nicely done.
[11]
RIP Dixie Carter [12]. The Designing Women star died this Saturday. Was there a television character with a sharper tongue than Julia Sugarbaker [13]?
[14]
Treme. If you’ve never heard of David Simon [15], or The Wire, [16] it’s time to leave your wonderful gay ghetto. The writer and producer of the best drama [17] in TV history, returned last night with Treme [18]. As a TV free fool, I’ll have to wait for it to come out on DVD.
[19]
Another site to bookmark. After you check out our sister sites for your “pop culta” fix–AfterEllen [20], AfterElton [21], and NewNowNext [22]—make sure you head over to Gay.com’s new daily.gay.com [23]. The site is edited by good peoples. The more places for LGBT news and culture, the better people are served.
[24]
Was South Africa’s biggest racist also a big old queen? The murder of South African white supremacist Eugene Terre’blanche [25] has put the country on edge. Two black farm workers are charged with the crime, and initially it was assumed Terre’blanche was killed over money allegedly owed. A lawyer for one of the defendants has said the victim tried to have sex with one of the culprits. Both are men, one 28 years old and the other 15. Terre’blanche’s allies are vehemently denying the claims. This story is not going to end well.
[26]
White Party 2010. A few weeks ago the Black Party came and went. This past weekend, revelers were all about the White Party [27]. Anyone go? How can people afford to attend these soirees during this lousy economy? I can barely get my drink on at my local bar. And if I can’t drink, what’s the point of a liver?
[28]
[1] http://www.nytimes.com/2010/04/11/world/europe/11poland.html
[2] http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/6383897.stm
[3] http://www.365gay.com/wp-content/uploads/Lech-Kaczynski-top.jpg
[4] http://en.wikipedia.org/wiki/Richard_Dawson
[5] http://popwatch.ew.com/2010/04/08/ellen-degeneres-family-feud/
[6] http://www.365gay.com/wp-content/uploads/news-ellen-degeneres-top.jpg
[7] http://azstarnet.com/news/local/article_8931f508-4431-11df-a1d2-001cc4c002e0.html
[8] http://www.365gay.com/blog/021710-a-closer-look-at-dadt-survey/
[9] http://www.365gay.com/blog/020310/
[10] http://www.365gay.com/news/military-experts-separate-living-quarters-will-affect-unit-cohesion/
[11] http://www.365gay.com/wp-content/uploads/John-McCain-top.jpg
[12] http://www.afterelton.com/people/dixie-carter-obit
[13] http://www.youtube.com/watch?v=9tikaHHRIWM
[14] http://www.365gay.com/wp-content/uploads/Dixie-Carter-top.jpg
[15] http://nymag.com/arts/tv/features/65235/
[16] http://www.hbo.com/the-wire/index.html
[17] http://www.slate.com/id/2149566/
[18] http://www.hbo.com/treme/index.html#/treme
[19] http://www.365gay.com/wp-content/uploads/Mardi-Gras-Indian-top.jpg
[20] http://www.afterellen.com/
[21] http://www.afterelton.com/
[22] http://www.newnownext.com/
[23] http://daily.gay.com/
[24] http://www.365gay.com/wp-content/uploads/newspaper-top.jpg
[25] http://www.nytimes.com/reuters/2010/04/11/world/international-uk-safrica-terreblanche.html
[26] http://www.365gay.com/wp-content/uploads/Eugene-Terreblanche-top.jpg
[27] http://www.jeffreysanker.com/
[28] http://www.365gay.com/wp-content/uploads/White-Party-top.jpg
