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.]

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Obama urges lesbian, gay patience overturning ‘unjust laws’

Remarks by President Obama at the LGBT Pride Month White House Reception, June 29, 2009

THE PRESIDENT: Hello, everybody. Hello, hello, hello. (Applause.) Hey! Good to see you. (Applause.) I’m waiting for FLOTUS here. FLOTUS always politics more than POTUS.

MRS. OBAMA: No, you move too slow. (Laughter.)

THE PRESIDENT: It is great to see everybody here today and they’re just — I’ve got a lot of friends in the room, but there are some people I want to especially acknowledge. First of all, somebody who helped ensure that we are in the White House, Steve Hildebrand. Please give Steve a big round of applause. (Applause.) Where’s Steve? He’s around here somewhere. (Applause.)

The new chair of the Export-Import Bank, Fred Hochberg. (Applause.) Where’s Fred? There’s Fred. Good to see you, Fred. Our Director of the Institute of Education Sciences at DOE, John Easton. Where’s John? (Applause.) A couple of special friends — Bishop Gene Robinson. Where’s Gene? (Applause.) Hey, Gene. Ambassador Michael Guest is here. (Applause.) Ambassador Jim Hormel is here. (Applause.) Oregon Secretary of State Kate Brown is here. (Applause.) All of you are here. (Laughter and applause.) Welcome to your White House. (Applause.) So.

AUDIENCE MEMBER: (Inaudible.) (Laughter.)

THE PRESIDENT: Somebody asked from the Lincoln Bedroom here. (Laughter.) You knew I was from Chicago too. (Laughter.)

It’s good to see so many friends and familiar faces, and I deeply appreciate the support I’ve received from so many of you. Michelle appreciates it and I want you to know that you have our support as well. (Applause.) And you have my thanks for the work you do every day in pursuit of

… equality on behalf of the millions of people in this country who work hard and care about their communities — and who are gay, lesbian, bisexual, or transgender. (Applause.)

Now this struggle, I don’t need to tell you, is incredibly difficult, although I think it’s important to consider the extraordinary progress that we have made. There are unjust laws to overturn and unfair practices to stop. And though we’ve made progress, there are still fellow citizens, perhaps neighbors or even family members and loved ones, who still hold fast to worn arguments and old attitudes; who fail to see your families like their families; and who would deny you the rights that most Americans take for granted. And I know this is painful and I know it can be heartbreaking.

And yet all of you continue, leading by the force of the arguments you make but also by the power of the example that you set in your own lives — as parents and friends, as PTA members and leaders in the community. And that’s important, and I’m glad that so many LGBT families could join us today. (Applause.) For we know that progress depends not only on changing laws but also changing hearts. And that real, transformative change never begins in Washington (cellphone “quacks”). Whose duck is back there? (Laughter.)

MRS. OBAMA: It’s a duck.

THE PRESIDENT: There’s a duck quacking in there somewhere. (Laughter.) Where do you guys get these ring tones, by the way? (Laughter.) I’m just curious. (Laughter.)

Indeed, that’s the story of the movement for fairness and equality — not just for those who are gay, but for all those in our history who’ve been denied the rights and responsibilities of citizenship; who’ve been told that the full blessings and opportunities of this country were closed to them. It’s the story of progress sought by those who started off with little influence or power; by men and women who brought about change through quiet, personal acts of compassion and courage and sometimes defiance wherever and whenever they could.

That’s the story of a civil rights pioneer who’s here today, Frank Kameny, who was fired — (applause.) Frank was fired from his job as an astronomer for the federal government simply because he was gay. And in 1965, he led a protest outside the White House, which was at the time both an act of conscience but also an act of extraordinary courage. And so we are proud of you, Frank, and we are grateful to you for your leadership. (Applause.)

It’s the story of the Stonewall protests, which took place 40 years ago this week, when a group of citizens — with few options and fewer supporters — decided they’d had enough and refused to accept a policy of wanton discrimination. And two men who were at those protests are here today. Imagine the journey that they’ve traveled.

It’s the story of an epidemic that decimated a community — and the gay men and women who came to support one another and save one another; and who continue to fight this scourge; and who demonstrated before the world that different kinds of families can show the same compassion and support in a time of need — that we all share the capacity to love.

So this story, this struggle, continues today — for even as we face extraordinary challenges as a nation, we cannot — and will not — put aside issues of basic equality. (Applause.) We seek an America in which no one feels the pain of discrimination based on who you are or who you love.

And I know that many in this room don’t believe that progress has come fast enough, and I understand that. It’s not for me to tell you to be patient, any more than it was for others to counsel patience to African Americans who were petitioning for equal rights a half-century ago.

But I say this: We have made progress and we will make more. And I want you to know that I expect and hope to be judged not by words, not by promises I’ve made, but by the promises that my administration keeps. And by the time you receive — (applause.) We’ve been in office six months now. I suspect that by the time this administration is over, I think you guys will have pretty good feelings about the Obama administration. (Applause.)

Now while there is much more work to do, we can point to important changes we’ve already put in place since coming into office. I’ve signed a memorandum requiring all agencies to extend as many federal benefits as possible to LGBT families as current law allows.

And these are benefits that will make a real difference for federal employees and Foreign Service Officers, who are so often treated as if their families don’t exist. And I’d like to note that one of the key voices in helping us develop this policy is John Berry, our director of the Office of Personnel Management, who is here today. And I want to thank John Berry. (Applause.)

I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination — (applause) — to help end discrimination against same-sex couples in this country. Now I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I’ve made that clear.

I’m also urging Congress to pass the Domestic Partners Benefits and Obligations Act, which will guarantee the full range of benefits, including healthcare, to LGBT couples and their children. (Applause.) My administration is also working hard to pass an employee nondiscrimination bill and hate-crimes bill, and we’re making progress on both fronts. (Applause.) Judy and Dennis Shepard, as well as their son Logan, are here today. I met with Judy in the Oval Office in May — (applause) — and I assured her and I assured all of you that we are going to pass an inclusive hate-crimes bill into law, a bill named for their son Matthew. (Applause.)

In addition, my administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status. (Applause.) The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step toward ending this policy.

And we all know that HIV/AIDS continues to be a public health threat in many communities, including right here in the District of Columbia. And that’s why this past Saturday, on National HIV Testing Day, I was proud once again to encourage all Americans to know their status and get tested the way Michelle and I know our status and got tested. (Applause.)

And finally, I want to say a word about “don’t ask, don’t tell.” As I said before — I’ll say it again — I believe “don’t ask, don’t tell” doesn’t contribute to our national security. (Applause.) In fact, I believe preventing patriotic Americans from serving their country weakens our national security. (Applause.)

Now, my administration is already working with the Pentagon and members of the House and the Senate on how we’ll go about ending this policy, which will require an act of Congress.

Someday, I’m confident, we’ll look back at this transition and ask why it generated such angst, but as commander in chief, in a time of war, I do have a responsibility to see that this change is administered in a practical way and a way that takes over the long term. That’s why I’ve asked the secretary of Defense and the chairman of the Joint Chiefs of Staff to develop a plan for how to thoroughly implement a repeal.

I know that every day that passes without a resolution is a deep disappointment to those men and women who continue to be discharged under this policy — patriots who often possess critical language skills and years of training and who’ve served this country well. But what I hope is that these cases underscore the urgency of reversing this policy not just because it’s the right thing to do, but because it is essential for our national security.

Now even as we take these steps, we must recognize that real progress depends not only on the laws we change but, as I said before, on the hearts we open. For if we’re honest with ourselves, we’ll acknowledge that there are good and decent people in this country who don’t yet fully embrace their gay brothers and sisters — not yet.

That’s why I’ve spoken about these issues not just in front of you, but in front of unlikely audiences — in front of African American church members, in front of other audiences that have traditionally resisted these changes. And that’s what I’ll continue to do so. That’s how we’ll shift attitudes. That’s how we’ll honor the legacy of leaders like Frank and many others who have refused to accept anything less than full and equal citizenship.

Now 40 years ago, in the heart of New York City at a place called the Stonewall Inn, a group of citizens, including a few who are here today, as I said, defied an unjust policy and awakened a nascent movement.

It was the middle of the night. The police stormed the bar, which was known for being one of the few spots where it was safe to be gay in New York. Now raids like this were entirely ordinary. Because it was considered obscene and illegal to be gay, no establishments for gays and lesbians could get licenses to operate. The nature of these businesses, combined with the vulnerability of the gay community itself, meant places like Stonewall, and the patrons inside, were often the victims of corruption and blackmail.

Now ordinarily, the raid would come and the customers would disperse. But on this night, something was different. There are many accounts of what happened, and much has been lost to history, but what we do know is this: People didn’t leave. They stood their ground. And over the course of several nights they declared that they had seen enough injustice in their time.

This was an outpouring against not just what they experienced that night, but what they had experienced their whole lives. And as with so many movements, it was also something more: It was at this defining moment that these folks who had been marginalized rose up to challenge not just how the world saw them, but also how they saw themselves.

As we’ve seen so many times in history, once that spirit takes hold there is little that can stand in its way. (Applause.) And the riots at Stonewall gave way to protests, and protests gave way to a movement, and the movement gave way to a transformation that continues to this day. It continues when a partner fights for her right to sit at the hospital bedside of a woman she loves. It continues when a teenager is called a name for being different and says, “So what if I am?” It continues in your work and in your activism, in your fight to freely live your lives to the fullest.

In one year after the protests, a few hundred gays and lesbians and their supporters gathered at the Stonewall Inn to lead a historic march for equality. But when they reached Central Park, the few hundred that began the march had swelled to 5,000. Something had changed, and it would never change back.

The truth is when these folks protested at Stonewall 40 years ago no one could have imagined that you — or, for that matter, I (laughter) — would be standing here today. (Applause.) So we are all witnesses to monumental changes in this country.

That should give us hope, but we cannot rest. We must continue to do our part to make progress — step by step, law by law, mind by changing mind. And I want you to know that in this task I will not only be your friend, I will continue to be an ally and a champion and a president who fights with you and for you.

Thanks very much, everybody. God bless you. (Applause.) Thank you. It’s a little stuffed in here. We’re going to open — we opened up that door. We’re going to walk this way, and then we’re going to come around and we’ll see some of you over there, all right? (Laughter.) But out there. (Laughter.)

But thank you very much, all, for being here. Enjoy the White House. Thank you. (Applause.) ###

See Obama urges lesbian, gay patience overturning ‘unjust laws’ (text) Los Angeles Times

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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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Obama To Consider Gay Pentagon Appointment

President Obama is considering nominating an openly gay man to a top civilian Pentagon post, the Washington Post reported Thursday.

The president, under pressure from gay activists to live up to campaign promises he made to help secure greater rights for gay men and lesbians, is considering nominating William White to a high-ranking civilian Pentagon post.

The paper did not disclose the post being considered, but White, chief operating officer of Manhattan’s Intrepid Museum Foundation, was once touted by top retired military leaders and some Democrats in Congress to be the next Secretary of the Navy.

While heading the Intrepid, White has accumulated extensive contacts in the armed forces, and in 1996, he was awarded the Meritorious Public Service Award for his work with the Navy.

See Obama To Consider Gay Pentagon Appointment On Top Magazine

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Gay men vie for East Bay House seat

Two gay men from Fairfield are vying for an East Bay congressional seat set to be vacated by Representative Ellen Tauscher (D-Walnut Creek), whose nomination to a key State Department post received bipartisan support from the Senate Foreign Relations Committee this week.

The full Senate is expected to confirm Tauscher prior to the July 4 holiday. A special election would then be held to fill her seat sometime in the fall.

Should either of the openly gay candidates secure her 10th District seat – and they both face obstacles in being elected – they would raise to four the number of out LGBT people serving in Congress.

Anthony Woods, 28, an African American Iraq war veteran, has gained the most notice, both nationally and locally. He has deftly used his being discharged from the military last December due to his sexual orientation to gain media attention as the debate over the Pentagon’s anti-gay “Don’t Ask, Don’t Tell” policy has heated up this spring.

But he is running as a Democrat and would need to best four opponents (so far) in the party’s primary for the special election. The top vote-getters among Democrats and Republicans would then advance to a runoff election, where independent candidates could also enter the race.

See Gay men vie for East Bay House seat

Bay Area Reporter

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Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout

When Barack Obama sought the presidency, he pledged to reverse the “Don’t ask, don’t tell” policy preventing gays and lesbians from serving openly in the U.S. military. Yet on Monday, the Supreme Court rejected a gay Ohio soldier’s challenge to the law — with the legal backing of none other than the Obama Administration.
James Pietrangelo II, the former Army infantryman and lawyer whose case the high court declined to review, reserved most of his ire for President Obama instead of the court. “He’s a coward, a bigot and a pathological liar,” Pietrangelo said in an interview with TIME shortly after the high court declined to hear his appeal. “This is a guy who spent more time picking out his dog, Bo, and playing with him on the White House lawn than he has working for equality for gay people,” he added. “If there were millions of black people as second-class citizens, or millions of Jews or Irish, he would have acted immediately” upon taking office to begin working to lift “Don’t ask, don’t tell.” Pietrangelo fought in Iraq in 1991 as an infantryman, and returned as a JAG officer for the second Iraq War, before being booted out in 2004 for declaring he was gay as he was readying for a third combat tour. He was representing himself before the high court. (See pictures of the gay rights movement.)
The Obama Administration, in its brief in the case last month, said a lower court acted properly in upholding the gay ban. “Applying the strong deference traditionally afforded to the Legislative and Executive Branches in the area of military affairs, the court of appeals properly upheld the statute,” argued Elena Kagan, who as Solicitor General represents the Administration before the Supreme Court. The bar on gays serving openly is “rationally related to the government’s legitimate interest in military discipline and cohesion,” her 12-page filing added.
The endorsement of “Don’t ask, don’t tell” by the Administration marks the latest rightward tack by Obama. The President denounced many of George W. Bush’s national-security policies during the campaign, but in office has adopted more conservative positions, including endorsing military commissions to try purported terrorists, and declining to release a second batch of photographs depicting alleged U.S. maltreatment of Iraqi detainees. His stance on “Don’t ask, don’t tell” may be more surprising, because Obama aides have made clear the President wants the ban lifted eventually. (Watch a gay marriage wedding video.)
Pietrangelo doesn’t buy the line from Obama aides — and the Pentagon — that they’re too busy grappling with a faltering economy and two wars to handle the gay ban right away. “It’s a complete lie that he has too much stuff on his plate — this is the guy who criticized Bush for not being able to multitask,” Pietrangelo says. “We have an old saying in the military — the maximum effective range of an excuse is zero meters.” See Dismay Over Obama’s ‘Don’t Ask, Don’t Tell’ Turnabout TIME

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Court rejects challenge to ‘don’t ask, don’t tell’

(Washington) The Supreme Court on Monday agreed with the Obama administration and refused to review Pentagon policy barring gays and lesbians from serving openly in the military.

The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the “don’t ask, don’t …

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Supreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”

The Supreme Court on Monday agreed with the Obama administration and upheld Pentagon policy barring gays and lesbians from serving openly in the military.

The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the “don’t ask, don’t tell” policy. The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.

During last year’s campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won’t stop gays and lesbians from being dismissed from the military.

In court papers, the administration said the appeals court ruled correctly in this case when it found that “don’t ask, don’t tell” is “rationally related to the government’s legitimate interest in military discipline and cohesion.”

Pentagon spokesman Bryan Whitman referred requests for comment to the Justice Department, but said the military policy “implements the law.”

“The law requires the (Defense) Department to separate from the armed services members who engage in or attempt to engage in homosexual acts; state they are homosexual or bisexual; or marry or attempt to marry a person of the same biological sex,” Whitman said in a statement.

A legal advocacy group vowed to press ahead with efforts to reverse the policy despite the legal setback.

“We don’t see that at all as bad news for repeal,” said Kevin Nix, spokesman for the Servicemembers Legal Defense Network. “What happened today puts the ball back into the court of Congress and the White House to repeal the law, and that’s where we think it should be right now.”

See Supreme Court Rejects Challenge To “Don’t Ask, Don’t Tell”

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Pentagon to continue DADT discharges

(Washington) President Barack Obama’s top military adviser says the Pentagon has enough challenges – including two wars – without rushing to overturn a decade-old policy that bans gays and lesbians from serving openly in the military and incites political and social factions on both sides.

Adm. Michael Mullen, chairman of the …

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White House: “Don’t Ask, Don’t Tell” under review

(Washington) The White House is insisting that officials are working to overturn a policy that bans gays and lesbians from serving openly in the military, pushing back against Pentagon assessments a day earlier that such efforts were low priorities and Democratic activists’ complaint of slow progress.

White House spokesman Robert Gibbs …

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