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.
Army to accept comments on ‘don’t ask, don’t tell’
(Schofield Barracks, Hawaii) Army Secretary John McHugh said Friday the military is considering a system for soldiers to anonymously express their opinions about its “don’t ask, don’t tell” policy on gay troops.
The Pentagon will make a recommendation on changing the policy by the end of the year, McHugh said. Soldiers’ would make their comments ahead of that recommendation, he said.
“We’re trying to do this in the quietest way possible, and by that, I simply mean not to sensationalize it, to try to really assess the soldiers’ opinions,” McHugh said at Hawaii’s Schofield Barracks. “Anonymity, of course, is an important aspect.”
Any policy change would have to come from Congress. Until then, federal law prohibits service members from discussing their sexual orientation. President Barack Obama supports lifting the ban.
McHugh spoke to reporters alongside Lt. Gen. Benjamin Mixon, who recently urged troops to lobby to keep the ban on openly gay military service. Army Chief of Staff Gen. George Casey told Mixon in March that his actions were inappropriate.
Mixon didn’t discuss the issue on Friday.
McHugh stopped in Hawaii at the end of a seven-day tour through Alaska, South Korea and Japan – his first trip to the Asia-Pacific theater since he was confirmed by the Senate in September.
His visit coincided with Friday’s announcement that about 800 soldiers from the 25th Infantry Division’s headquarters will be deployed to central Iraq by the end of the year.
The deployment doesn’t alter the United States’ commitment to withdraw all combat forces from Iraq by the end of August, and withdraw all soldiers by the end of next year, McHugh said.
“They fully expect to adhere to the stated drawdown deadline,” he said. “Until something different happens, that is, I think, our very achievable goal.”
The deployment will focus on empowering Iraqi security forces and continuing the country’s development, said Maj. Gen. Bernie Champoux, commanding general of the 25th Infantry Division.
Withers: Soldiers talk about ending DADT. Gay soldiers had to be quiet
[1]
On Tuesday the Defense Department [2] hand picked about 350 soldiers to discuss what would it mean for DADT to end. From many accounts, the comments were thoughtful and perceptive. Some wanted to know how the military would deal with benefits if gay soldiers are married. Right now troops who are legally hitched can’t transfer them to their mates.
A female solider noted that for her sharing living quarters with a lesbian equals bunking with a man. Another soldier said he had no desire to wade into the conversation. Just give him the orders and he’ll follow. The moderator of the conversation asked if anyone thought they served with gay troops. About half said yes.
There might have been gay soldiers in the 350, but because of DADT they can’t publicly speak up. Even as the military talks about ending the ban. If they want to add a voice to the conversation, a third party will be used. Then their thoughts will be made known to the decision makers.
There is no problem with the Defense Department going through a slow repeal process, but the fact gay soldiers don’t have the same speech rights as their peers galls. Publicly the military brass [3] have no problem with this. “We want gay soldiers to serve openly, but don’t talk to us as we go over what needs to be done.”
I’m not sure gay troops should participate when they have so little value to their superiors. Of course this is true everyday for gay soldiers under DADT. So what’s one more indignity? Isn’t that the holy grail of minority life in America? Trying to decide which dishonor is worth ignoring, and which requires holy hell?
[1] http://www.365gay.com/wp-content/uploads/news-female-marine-military-top.jpg
[2] http://www.365gay.com/news/troops-question-impact-if-gay-ban-is-lifted/
[3] http://www.365gay.com/blog/040210-secretary-of-the-army-changes-his-mind-he-will-adhere-to-dadt/
Withers: Soldiers talk about ending DADT. Gay soldiers had to be quiet
[1]
On Tuesday the Defense Department [2] hand picked about 350 soldiers to discuss what would it mean for DADT to end. From many accounts, the comments were thoughtful and perceptive. Some wanted to know how the military would deal with benefits if gay soldiers are married. Right now troops who are legally hitched can’t transfer them to their mates.
A female solider noted that for her sharing living quarters with a lesbian equals bunking with a man. Another soldier said he had no desire to wade into the conversation. Just give him the orders and he’ll follow. The moderator of the conversation asked if anyone thought they served with gay troops. About half said yes.
There might have been gay soldiers in the 350, but because of DADT they can’t publicly speak up. Even as the military talks about ending the ban. If they want to add a voice to the conversation, a third party will be used. Then their thoughts will be made known to the decision makers.
There is no problem with the Defense Department going through a slow repeal process, but the fact gay soldiers don’t have the same speech rights as their peers galls. Publicly the military brass [3] have no problem with this. “We want gay soldiers to serve openly, but don’t talk to us as we go over what needs to be done.”
I’m not sure gay troops should participate when they have so little value to their superiors. Of course this is true everyday for gay soldiers under DADT. So what’s one more indignity? Isn’t that the holy grail of minority life in America? Trying to decide which dishonor is worth ignoring, and which requires holy hell?
[1] http://www.365gay.com/wp-content/uploads/news-female-marine-military-top.jpg
[2] http://www.365gay.com/news/troops-question-impact-if-gay-ban-is-lifted/
[3] http://www.365gay.com/blog/040210-secretary-of-the-army-changes-his-mind-he-will-adhere-to-dadt/
Withers: Soldiers talk about ending DADT. Gay soldiers had to be quiet
[1]
On Tuesday the Defense Department [2] hand picked about 350 soldiers to discuss what would it mean for DADT to end. From many accounts, the comments were thoughtful and perceptive. Some wanted to know how the military would deal with benefits if gay soldiers are married. Right now troops who are legally hitched can’t transfer them to their mates.
A female solider noted that for her sharing living quarters with a lesbian equals bunking with a man. Another soldier said he had no desire to wade into the conversation. Just give him the orders and he’ll follow. The moderator of the conversation asked if anyone thought they served with gay troops. About half said yes.
There might have been gay soldiers in the 350, but because of DADT they can’t publicly speak up. Even as the military talks about ending the ban. If they want to add a voice to the conversation, a third party will be used. Then their thoughts will be made known to the decision makers.
There is no problem with the Defense Department going through a slow repeal process, but the fact gay soldiers don’t have the same speech rights as their peers galls. Publicly the military brass [3] have no problem with this. “We want gay soldiers to serve openly, but don’t talk to us as we go over what needs to be done.”
I’m not sure gay troops should participate when they have so little value to their superiors. Of course this is true everyday for gay soldiers under DADT. So what’s one more indignity? Isn’t that the holy grail of minority life in America? Trying to decide which dishonor is worth ignoring, and which requires holy hell?
[1] http://www.365gay.com/wp-content/uploads/news-female-marine-military-top.jpg
[2] http://www.365gay.com/news/troops-question-impact-if-gay-ban-is-lifted/
[3] http://www.365gay.com/blog/040210-secretary-of-the-army-changes-his-mind-he-will-adhere-to-dadt/
Time to review policy on gays in US military: Powell
American attitudes have changed and the “don’t ask, don’t tell” policy toward gays serving in the U.S. military should be reviewed, former Joint Chiefs of Staff chairman Colin Powell said on Sunday.
President Barack Obama favors overturning the policy, which bars gay troops from serving openly in the military. U.S. Defense Secretary Robert Gates has asked military lawyers to look at ways to make the law more flexible, hailed by gay rights groups as a “seismic political shift”.
“The policy and the law that came about in 1993, I think, was correct for the time,” Powell said on CNN’s State of the Union.
“Sixteen years have now gone by, and I think a lot has changed with respect to attitudes within our country, and therefore I think this is a policy and a law that should be reviewed.” he added.
See Time to review policy on gays in US military: Powell Reuters
* Tags = gay men gay news lesbian news transgender bisexual
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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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Original source : http://gay_blog.blogspot.com/2009/07/gates-plan-ma…
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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Original source : http://gay_blog.blogspot.com/2009/06/senator-harry…
Pentagon: No Plan To End DADT
(Washington) The Pentagon says it has no plans to repeal the don’t ask, don’t tell policy for gay troops.
Pentagon spokesman Geoff Morrell said Tuesday that the military’s top leaders have only had initial discussions with the White House about whether gay troops should be open about their sexuality.
Under current rules, …
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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Original source : http://gay_blog.blogspot.com/2009/05/new-study-say…
