NY governor signs transgender order

Gov. Paterson signed an executive order to ban discrimination against trans state workers.

New York gov extends protections to transgender New Yorkers

From HRC:

(Albany, NY) New York Governor David A. Paterson issued an executive order extending anti-discrimination policies to gender identity for state employees Wednesday.

“Governor Paterson has taken significant action to advance equality for all New York state employees,” said Human Rights Campaign President Joe Solmonese. “The ability to provide for our …

House Dems urge Obama to halt gay discharges from the military

WASHINGTON _ In the most vocal plea for the White House to take the lead in allowing gays to serve openly in the military, 76 Democratic lawmakers today urged President Obama to use his executive powers to order a halt to military discharges under the controversial “Don’t Ask, Don’t Tell” law and work aggressively with Congress to pass new legislation to overturn what they describe as a discriminatory policy that harms national security.

“We urge you to exercise the maximum discretion legally possible in administering Don’t Ask, Don’t Tell until Congress repeals the law,” states the letter, organized by Rep. Alcee Hastings, a Democrat of California. “To this end, we ask that you direct the Armed Services not to initiate any investigation of service personnel to determine their sexual orientation, and that you instruct them to disregard third party accusations that do not allege violations of the Uniform Code of Military Justice.”

A recent study by the Palm Center, a public policy think tank at the University of California, Santa Barbara, argued that Obama has the authority as commander-in-chief to suspend the gay discharge process through an executive order.

See House Dems urge Obama to halt gay discharges from the military

Boston Globe

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Senator Harry Reid Says Obama Should Sign Order on Gay Troops, SLDN Also Joins Call for Executive Option

SANTA BARBARA, CA — Senate Majority Leader Harry Reid has called on President Obama to sign an executive order suspending the “don’t ask, don’t tell” policy, according to the Advocate magazine.

Referring to the repeal of the ban, Reid told Advocate reporter Kerry Eleveld that, “My hope is that it can be done administratively.” Eleveld added that, “A Democratic aide later clarified that Reid was speaking about the possibility of using an executive order to suspend discharges or perhaps halting enforcement of the policy by changing departmental regulations within the Department of Defense.”

As well, the Servicemembers Legal Defense Network (SLDN) has called on President Obama to sign an executive order. In a letter to the New York Times yesterday, SLDN Executive Director Aubrey Sarvis wrote that, “President Obama should consider all viable options he can take on his own to get rid of this discriminatory law, including issuing a ‘stop-loss’ order.” For more than a decade, SLDN has been the largest and most influential group in the country working on the “don’t ask, don’t tell” policy.

The idea of ending the ban by executive order gained momentum after the release last month of a Palm Center study showing that the president has the authority to suspend “don’t ask, don’t tell” via a stroke of the pen. Before that time, many argued that only Congress or the courts could lift the ban on service by openly gay troops.

Others calling for the President to sign an executive order include the New York Times editorial page, the Human Rights Campaign, Knights Out, an organization of gay and lesbian alumni of the U.S. Military Academy at West Point, Los Angeles Gay and Lesbian Center CEO Lorri Jean, and former Clinton White House official Richard Socarides.

Palm Center Director Aaron Belkin said that awareness of the executive option has changed the conversation about “don’t ask, don’t tell” substantially. “Obama used to duck the issue by blaming Congress for the inertia. Now it’s clear that he has unilateral authority to fulfill his campaign promise.”

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.

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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.

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Koch’s Gay Marriage Advice To Paterson

If Gov. David Paterson is serious about getting personally engaged in the Senate’s gay marriage battle, former Mayor Ed Koch has an idea about how to go about that.

“When the New York City Council in 1986 was faced with a vote on a bill that I introduced that barred sexual orientation discrimination in the private sector in employment, housing and education, I as Mayor, having already barred such discrimination by the city government by executive order in 1978, called into my office those members of the City Council, Democrat and Republican, who were wavering on the issue,” Koch wrote in his most recent weekly commentary, which he subsequently quoted in a May 12 letter to Paterson.
“I told them that if their primary opponents or general election opponents used their “yea” vote on the issue against them, I would support them irrespective of their party affiliation and campaign for them,” the former mayor continued.

“My suggestion is that the Governor do the same. Because of the Governor’s low popularity, there should also be an effort to assemble a broad, bi-partisan coalition of private and distinguished citizens that would make the same commitment.”

See Koch’s Gay Marriage Advice To Paterson

New York Daily News – New York,NY,USA

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White House Sets Record Straight on Gay Ban

SANTA BARBARA, Calif — The following was released today by the Michael D. Palm Center:

Asked today if the White House would consider halting gay discharges by presidential authority, press secretary Robert Gibbs said it would not stop the firing of gay troops. That said, Gibbs insisted that the President believes that the “don’t ask, don’t tell” policy “isn’t working for our national interests” and that he “will work with the Joints Chiefs of Staff, the administration and with Congress” to change the policy.

In recent weeks, the President’s national security team has sent mixed messages. Defense Secretary Robert Gates spoke of what action would occur “if” the policy were repealed, suggesting it may not be; and national security advisor James Jones said this weekend he was not sure if the ban would be lifted.

Scholars said that Gibbs’ comments today indicate new leadership from the White House in reassuring the public that “don’t ask, don’t tell” will be repealed. Nathaniel Frank, senior research fellow at the Palm Center, said that “today’s remarks appear to send a signal to any member of the administration who questions the President’s resolve.”

At the same time, Gibbs’ statement raised questions by gay rights experts about why President Obama, who continues to say he wants the ban terminated, would preside over ongoing discharges when he has authority to end them by executive order. The Palm Center yesterday released a report by a team of scholars and legal experts showing that the president has statutory authority to halt discharges immediately.

Richard Socarides, who worked in the Clinton administration as special assistant to the president on LGBT issues, said that the current president should exercise the short-term options he has to end the ban. “I have long supported and advocated a moratorium on further discharges,” he said today, “and I think it’s well within the president’s discretionary authority to do that immediately.” Socarides said an executive order halting discharges would be consistent with Obama’s stated belief that the policy should end.

Website: http://www.palmcenter.ucsb.edu
Website: http://www.palmcenter.org

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Study: Obama doesn’t need Congress to halt gay discharges

(Santa Barbara, California) A new study by a team of military law experts asserts that President Obama has the legal authority to end gay discharges through an executive order.

The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” was …

Dragging his feet on DADT: First Gay Arabic Linguist To Be Fired Under Obama

Editior’s note: Dan Choi will be on Rachel Maddow tonight!

Aarob Belkin writes:

“Dan Choi, a West Point graduate and officer in the Army National Guard who is fluent in Arabic and who returned recently from Iraq, received notice today that the military is about to fire him. Why? Because he came out of the closet as a gay man on national television.

Some readers might think it unfair to blame Obama. After all, the president inherited the “don’t ask, don’t tell” law when he took office. As Commander-in-Chief, he has to follow the law. If the law says that the military must fire any service member who acknowledges being gay, that is not Obama’s fault.

Or is it?

A new study, about to be published by a group of experts in military law, shows that President Obama does, in fact, have stroke-of-the-pen authority to suspend gay discharges. The “don’t ask, don’t tell” law requires the military to fire anyone found to be gay or lesbian. But there is nothing requiring the military to make such a finding. The president can simply order the military to stop investigating service members’ sexuality.

An executive order would not get rid of the “don’t ask, don’t tell” law, but would take the critical step of suspending its implementation, hence rendering it effectively dead. Once people see gays and lesbians serving openly, legally and without problems, it will be much easier to get rid of the law at a later time.

I spent a day with Dan Choi last month, and he is not someone we want to fire from the military. He loves the armed forces. He served bravely under tough combat conditions in Iraq. His Arabic is excellent, and he used his language skills to diffuse many tough situations and to save lives, both Iraqi and American. All of his unit mates know he is gay, and they have been very supportive of him. But he doesn’t want to live a lie.

Obama has been praised for delaying efforts to get rid of “don’t ask, don’t tell,” and some major gay rights groups are actively lobbying to delay consideration of the issue. They seem to believe that Obama should focus on other gay-rights issues first, and that he shouldn’t spend his precious political capital trying to ram a repeal bill through Congress.”

See First Gay Arabic Linguist To Be Fired Under Obama