Will gay lt. colonel be saved by policy review? AirForceTimes.com

A gay Air Force officer is hoping his 18-year career will be saved by a review of the “don’t ask, don’t tell” policy ordered by Defense Secretary Robert Gates.

Lt. Col. Victor Fehrenbach, an F-15E Strike Eagle weapons systems officer, is facing separation after a civilian acquaintance outed him to the Air Force more than a year ago.

After a months-long investigation, Fehrenbach is facing an honorable discharge for violating the ban on homosexual behavior and damaging the good order and discipline of the Air Force.

The review, conducted by the department’s General Counsel’s office, will determine whether there is “flexibility” in how the law is applied, Gates told reporters June 30.

Specifically, Gates cited service members outed by someone else.

“Do we need to be driven when the information to take action on somebody, if we get that information from somebody who may have vengeance in mind or blackmail or somebody who has been jilted,” Gates said.

Today’s regulations require commanders to investigate allegations brought by anyone. Once a commander determines that a service member is gay, there is little legal leeway in stopping the discharge process.

See Will gay lt. colonel be saved by policy review?

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Rep. Bob Filner (D-Chula Vista) said today that…

Rep. Bob Filner (D-Chula Vista) said today that he has asked the Department of Defense and the Marine Corps to investigate whether the killing of a sailor, who was gay, at Camp Pendleton was a hate crime.

Filner, chairman of the House Veterans Affairs Committee, said he wanted a complete investigation of circumstances surrounding the death of Seaman August Provost, 29, of Houston. Provost’s body was found about 3:30 a.m. Tuesday in a guard shack on the western edge of the sprawling base.

Gay leaders in San Diego had asked Filner to intervene. Nicole Murray-Ramirez, chairman of the San Diego Human Relations Commission, said Provost’s family believes the sailor had been harassed by other personnel on the base.

Filner said initial indications are that Provost was shot and his body burned. He said his committee also will investigate the case.

[Updated 7:20 p.m.: In a late afternoon news conference, Navy officials today promised a thorough investigation into the killing. They said, however, that there was no evidence it was a hate crime. A sailor who is considered to be a person of interest remains in the brig. Another sailor, who was initially considered a person of interest, has been released.]

See Congressman says gay sailor’s death is a possible hate crime

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Fort Worth mayor wants federal review in raid of gay bar

Fort Worth Mayor Mike Moncrief called on federal prosecutors Friday to ensure a thorough review of last week’s bar raid that resulted in a serious head injury to one patron.

Parallel investigations — one by Fort Worth police and another within the Texas Alcoholic Beverage Commission — are already under way into what happened Sunday at the Rainbow Lounge.

And, police chief Jeff Halstead has announced the indefinite suspension of bar checks conducted jointly by his department and TABC.

Mon

See Fort Worth mayor wants federal review in raid of gay bar Dallas Morning News

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Bar raid demands independent probe

Don’t expect law enforcement agencies involved in Rainbow Lounge incident to police themselves

It’s not exactly clear how the Fort Worth Police Department and the Texas Alcoholic Beverage Commission will wiggle out of the public relations stranglehold the LGBT community now has on the two agencies, but I know from years of watching these dramas unfold that they will unless there is an independent investigation.

The local police officers and the state agents who descended on the Rainbow Lounge on Sunday morning, June 28, about 1 a.m. — arresting some patrons for public intoxication and apparently seriously injuring one — will all watch each other’s backs.

The official police reports that the law enforcement officials filed following the raid — which ironically occurred on the 40th anniversary of the Stonewall Rebellion and the birth of the gay rights movement in New York City in 1969 — already hold the arresting officers and agents harmless.

The officers and agents claim in the reports that they encountered belligerent drunks in the one-week-old nightclub who threatened them in a sexually suggestive manner. That’s possibly the most preposterous part of the official version of the incident.
See Bar raid demands independent probe

Dallas Voice

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Gay Sailor Found Dead On Marine Base In Suspected Homicide

CAMP PENDLETON — The body of a 29-year-old sailor was found in a Camp Pendleton guard shack Tuesday, and a “person of interest” was taken into custody in connection with the suspected homicide, Navy officials said yesterday.

The body of Seaman August Provost of Houston, Texas, was discovered about 3:30 a.m. on the western edge of the base, said Doug Sayers, a spokesman for Navy Region Southwest.

An autopsy was completed yesterday, but authorities were waiting for results of toxicology tests to determine a cause of death.

A “person of interest” was being held in the Navy brig at Marine Corps Air Station Miramar. No charges have been filed.

The death has local gay activists calling for a formal investigation into whether Provost was slain because of his sexual orientation.

“We’re definitely monitoring this and trust and hope the military will investigate this in the professional way it should,” said Nicole Murray-Ramirez, chairman of San Diego’s Human Rights Commission. Murray-Rameriz also has contacted Reps. Susan Davis and Bob Filner, asking that they make official inquiries to the military concerning an investigation.

The Navy would not comment on whether Provost’s orientation had anything to do with the death.

“While ‘Don’t ask, Don’t tell’ is in place, anybody in the military who is a homosexual has no place to go to get assistance or counseling,” said Ben Gomez of Servicemembers Legal Defense Network, an advocacy group for gays in the military.

Provost’s boyfriend, Kaether Cordero, said yesterday that Provost was openly gay but kept his private life quiet for the most part.

“People who he was friends with, I knew that they knew,” Cordero said from Houston. “He didn’t care that they knew. He trusted them.”

See Gay Sailor Found Dead On Marine Base In Suspected Homicide

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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’

Pentagon Studies Ways to Relax Enforcement as First Step; Impact on Troops Would be Minimal

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.”

Neff said that even a small change in how “don’t ask, don’t tell” is enforced could represent a seismic political shift, even if it does not have a substantial operational impact on most gay troops, who would still be subject to discharge. If the military stops applying certain provisions of the policy, as Gates says it is considering, it would send a signal to Congress about the inevitability of change. “That’s why executive action is the key to unlocking the political stalemate,” said Neff. “Even the statements themselves, although they do await follow-up action, have changed the political landscape.”

Last month, the Palm Center published a report which outlined several legal and political rationales for executive branch discretion in regulating, and even halting, discharges provided for by federal statute. One of those rationales is closely linked to the new review announced by Secretary Gates. According to the Palm Center study, “the ‘don’t ask, don’t tell’ policy itself, as codified by Congress, also grants authority to the Department of Defense to determine the procedures under which investigations, separation proceedings, and other personnel actions under the authority of 10 U.S.C. Section 654 will be carried out … The Secretary of Defense has discretion to determine the specific manner in which ‘don’t ask, don’t tell’ will be implemented.” Prior to the release of the Palm Center’s report, most observers had assumed that only Congress or the federal courts end the firings of gay troops.

Amidst mounting public pressure, White House press secretary Robert Gibbs said this week that he thought “don’t ask, don’t tell” would be repealed by the end of the President’s first term. Nathaniel Frank, senior research fellow at the Palm Center, said this week’s developments were politically significant. “Serious discussions have been launched by the President himself,” said Frank. “Obama has said this is a failed policy that harms national security, so these measures are not just fixes, but may be the beginning of the end.” Frank added that any regulatory changes that fall short of halting all discharges will be “window-dressing,” but he focused on the implications for further political change. “This means the hot potato party may finally be over, as the President understands where the buck stops.”

In the wake of this week’s developments, the Palm Center announced that it is preparing a more extensive legal analysis of administrative options for relaxing the application of certain provisions of “don’t ask, don’t tell.” Neff said that the Defense Department should invite public input as the rules are re-drafted, which would be consistent with past processes when military regulations have been

changed. “This review should be no different,” he said.

Organizations and individuals who have endorsed or endorsed consideration of the use of executive action based on the legal theories outlined in the Palm Center’s study include Secretary Gates, 77 members of Congress, the New York Times editorial page, Center for American Progress, Human Rights Campaign, Servicemembers Legal Defense Network, Hendrik Hertzberg of the New Yorker, the political consultant Robert Shrum, and former White House aide Richard Socarides.

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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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

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Pulitzer-winner Kushner revels over Bachmann’s possible response to ‘Homosexual’ ads

Periodically each evening, the “smokestack”/LED sign atop the Guthrie Theater on Minneapolis’ riverfront lights up to spell out, in gigantic letters, “HOMOSEXUAL.” The word, along with others in the title of playwright Tony Kushner’s newest work have given the gay Pulitzer Prize winner pleasure recently. In the intro to an interview with CNN today, he speaks about how he felt first seeing bus advertisements for the Guthrie’s production of the play, “The Intelligent Homosexual’s Guide to Capitalism and Socialism with a Key to the Scriptures,” on streets in Rep. Michele Bachmann’s home state:

“I was excited to see a bus go by a couple of months ago when I first got to Minneapolis and the only words you could make out as the bus went by were ‘homosexual’ and ’socialism,’” Kushner says, adding that the first thing he did when he saw it was call his husband back home in New York City.

“He said, ‘Yeah, it’s great — You’ve come up with a perfectly shaped 14-word phrase of English that’s guaranteed to give [Republican U.S. Rep.] Michele Bachmann a heart attack, and it doesn’t even have an active verb in it.’”

Bachmann — a conservative who made national headlines during last year’s election when she called for an investigation into “anti-American” members of Congress (including then-presidential candidate Barack Obama) — is a vocal critic of gay rights and supports a federal ban on gay marriages.

“So it’s like … I feel good about that,” Kushner adds with a chuckle.

“The Intelligent Homosexual,” as t-shirts available at the Guthrie shorten it to, was commissioned by the Guthrie and gets its lengthy title from two 19th-century books: George Bernard Shaw’s The Intelligent Woman’s Guide to Socialism and Capitalism and Mary Baker Eddy’s Science and Health with Key to the Scriptures. It closes June 28

See Pulitzer-winner Kushner revels over Bachmann’s possible response … Minnesota Independent

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Bush State Department Ignored Iraqi Gay Murders Gay City News

As concern over the killings of gay Iraqis grew in 2006 and 2007, the US Department of State appears to have done little more than develop media talking points and squabble over who at that agency should handle press interviews.

“[I]t is outrageous to see that by walking away from their responsibility to further investigate, document, and then ultimately discuss the human rights abuses with the Iraqi government, the US government missed a great opportunity to prevent the mass-scale attacks against LGBT community, which happened earlier this year in Iraq,” wrote Hossein Alizadeh, regional coordinator for Middle East and North Africa at the International Gay & Lesbian Human Rights Commission (IGLHRC), in an email.

Writing in Gay City News, Doug Ireland first broke the story in March of 2006 that Iraqi gays were being killed by death squads. Ireland and other gay press outlets continued covering the story in 2006 and into 2007, with the mainstream press offering occasional stories. The killings and the gay press reports on them have continued into 2009.

In September 2007 –– nearly two years ago –– Gay City News sent a Freedom of Information request to the State Department that sought all records “that relate to or identify homicides, assaults, or other violent acts committed against homosexual persons in Iraq.”

On May 26 of this year, the department responded, releasing two documents, totaling nine pages, that represent all the records that agency compiled from March 1, 2003, roughly the start of the Iraq War, through the date of the records request. No documents were withheld and only a small portion of the released documents was blacked out. See Bush State Department Ignored Iraqi Gay Murders

Gay City News

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TSA refuses to hire HIV+ Air Force Vetr to scan luggage, ACLU to sues – wonder if Obama will at lteat fix this?

Transportation Security Administration Refused To Hire Qualified Baggage Screener Because He Has HIV

MIAMI – The American Civil Liberties Union today filed a complaint with the Transportation Security Administration on behalf of an Air Force Veteran who was refused a job as a baggage screener with the Transportation Security Administration because he has HIV.

“I was looking for a way to be able to serve my country once again and to supplement my income through this financial crisis with the possibility of changing my career. But after a lengthy interview and screening process, I was told that I am incapable and unworthy because I have HIV,” said Michael Lamarre, who worked in intelligence for the National Security Administration while serving in the Air Force from 1984 to 1987. “I am a long term HIV survivor, and it has never interfered in my ability to work. As I have learned having lived with HIV for nearly 20 years, people with HIV need to be able to make a living and support themselves just like everyone else as well as have the right to serve their country.”

In the spring of 2008, Lamarre applied online for a baggage screening position at the Fort Lauderdale airport with the TSA. He passed an aptitude test in November 2008, and then underwent a comprehensive security clearance. In March 2009, he was finally invited to come in for an interview. At the interview, which included further testing, he was told that he would have to pass a physical. Lamarre was required to disclose that he HIV at the physical. As a result, he was told to submit additional information from his doctor, including his most recent lab results and a form from his doctor stating that his HIV would not interfere with his ability to perform the duties of as baggage screener, which he did.

Lamarre has lived with HIV for 19 years. His viral load is nearly undetectable and he has never had any of the medical conditions associated with AIDS. Just last November he completed a 165 mile bike ride for charity in just 2 days.

Shortly after submitting the additional information, Lamarre received a letter from Comprehensive Health Services, the contractor who administered the physical, saying that he was disqualified for the job because of his HIV status. A copy of the letter is available at http://www.aclu.org/hiv/discrim/39829lgl20090428.html. During follow up calls to Comprehensive Health Services, he was told that the reason he was rejected is because his HIV status makes him more susceptible to virus and infections and that it was for his own benefit.

Today the ACLU filed a complaint on Lamarre’s behalf with the Equal Employment Opportunity Counselor for the Eastern Region of the TSA charging that the TSA is in violation of its own policy barring discrimination against people with disabilities. A copy of TSA’s non-discrimination policy is available on their website at: http://www.tsa.gov/assets/pdf/civil_rights_policy.pdf. The complaint also charges that the refusal to hire Lamarre violated his equal protection guarantees. It asks the TSA to rescind Lamarre’s disqualification from employment.

“In the nearly 20 years that Michael Lamarre has lived with HIV, it has never affected his ability to work,” said Robert Rosenwald, Director of the LGBT Project of the ACLU of Florida. “HIV discrimination is always wrong, but it is especially shameful when government is behind the discrimination. I hope the TSA recognizes the harm it is causing Michael and our country by refusing to hire a highly motivated and qualified employee.”

“As we have known for quite a while now, people living with HIV can lead long and productive lives and can make significant contributions in all professions, including baggage screeners,” said Dr. Margaret Fischl, MD, director and principal investigator of the AIDS clinical research unit at the University of Miami. “A baggage screener with HIV would pose no risk to others and would be no more likely to become infected with a cold or virus than anyone else working in the airport.”

A copy of the complaint filed by the ACLU as well as the letter notifying Lamarre that he was being disqualified because he has HIV and the paperwork submitted by his doctor stating he is physically capable of performing the duties is available at http://www.aclu.org/hiv/discrim/39827res20090611.html.

In addition to Rosenwald, Lamarre is being represented by Shelbi Day, a staff attorney with the LGBT Project of the ACLU of Florida, James Esseks, co-director of the ACLU’s AIDS Project and Rose Saxe, a staff attorney with the ACLU’s AIDS Project.