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Forced into closet by nation they serve

Wednesday in Annapolis, the United States Naval Academy welcomed the most racially and ethnically diverse class in its history: 14 percent Hispanic, 10 percent African-American – and perhaps 2 percent to 3 percent homosexual. I added that last part. No one knows how many plebes are gay or lesbian, but studies have placed the percentage of homosexual men and women serving this nation’s military in that range, with some 65,000 said to be on active duty. It’s a fairly safe assumption that a small percentage of plebes will have to keep their sexuality a secret if they want to graduate from the academy and, after that, fulfill their obligations to the country.

That’s what “Don’t Ask, Don’t Tell” demands.

It forces men and women serving the nation to lie about their sexual orientation or risk discharge. An estimated 13,000 men and women have been discharged under Don’t Ask in the 16 years since the law took effect. The Servicemembers Legal Defense Network says 277 of the discharges have occurred since Barack Obama became president. As a candidate, Mr. Obama pledged to end Don’t Ask. Last week, the he reiterated his support for eventual repeal of the law by Congress.

Skip Muller was a midshipman at the Naval Academy at the start of the Don’t Ask era. Prior to entering the academy, he had studied Russian at the Defense Language Institute in California.

“As an 18-year-old I struggled to understand my own sexuality, while all around me I saw people actively targeted, investigated and ejected from the military because they were homosexual,” Mr. Mullen writes on the Web site of USNAOut, an organization of gay Naval Academy alumni. “I forced myself to date women and live the lie that consumed and exhausted me for years to come.”

After graduating from the academy in 1996, Mr. Muller served two tours aboard destroyers, the second cut short by honorable discharge under Don’t Ask. See

Forced into closet by nation they serve

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Gay Sailor Found Dead On Marine Base In Suspected Homicide

— 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.”

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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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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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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.”

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Sarvis: Time is now to end “Don’t Ask, Don’t Tell”

Saying that lifting the military gay ban is a matter of urgent national security, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, is calling on President Barack Obama to form a panel to study the effect of ending the “Don’t Ask, Don’t Tell” policy and present its findings within 90 to 120 days. Any further delay in overturning current law “is a slap in the face to the estimated 65,000 gays and lesbians currently serving their country,” Sarvis writes. CBS News * Tags = gay men gay news lesbian news transgender bisexual

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Advocates give renewed push to lifting military ban

The debate over the military gay ban is part of the classroom discussions at West Point, where cadets reportedly are split on whether the policy should be changed, with most not firmly coming down on either side of the issue. In related news, the Servicemembers Legal Defense Network, as part of ramping up its campaign to lift the ban, has published an open letter to President Barack Obama, seeking to hold him to his campaign pledge to end the “Don’t ask, don’t tell” policy. The New York Times (4/30) , Pam’s House Blend (4/28) , The Politico (Washington)/Ben Smith’s blog (4/27) * Tags = gay men gay news lesbian news transgender bisexual

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In Military, New Debate Over Policy Toward Gays

WEST POINT, N.Y. — Here at the military academy that is nearly as old as the nation itself, two cadets recently engaged in a modern debate: whether they agreed with President Obama’s pledge to end the “don’t ask, don’t tell” policy and allow gay men and lesbians to serve openly.

“From what I’ve heard from my classmates, people are kind of against it,” said Daniel Szatkowski, a senior from Edmond, Okla. But Adrienne Rolle, a senior from Brooklyn, said she had no problem with lifting the ban, although she said that some of her male classmates did.

“People are more comfortable with ignorance,” Cadet Rolle said of the reality that gay men and lesbians already serve in the military.

West Point is not a perfect microcosm of the armed forces, but recent conversations with the cadets who will become the Army’s next generation of leaders reflect uncertainty about what Defense Secretary Robert M. Gates has characterized as a “complex and difficult problem.”

While Mr. Obama has promised to get rid of the 16-year-old policy that allows gay men and lesbians to serve only if they keep their sexual orientation secret, Mr. Gates has said that both he and the president want to push the issue “down the road a bit.”

Advocacy groups have stepped into the vacuum. The Servicemembers Legal Defense Network, which represents some of the 13,000 gay men and lesbians discharged from the military since the policy took effect, is intensifying lobbying efforts on Capitol Hill — changing the policy requires legislation — and calling on the president to make good on his word.

“If he doesn’t speak up, he’s going to end up O.K.’ing the firing of service members for being gay,” said Aubrey Sarvis, the group’s executive director.

In recent years, prominent retired generals and admirals have also urged repeal, among them Gen. John M. Shalikashvili, who was chairman of the Joint Chiefs of Staff when the policy was adopted after a blowup over the issue in the early days of the Clinton administration.

On the other side, some 1,000 retired officers supported by the conservative Center for Military Readiness sent an “open letter” to Mr. Obama saying they were “greatly concerned” about the impact of repeal on recruitment, morale and unit cohesion.

“How would women in the military feel if they were required to accommodate men in their private quarters?” said Elaine Donnelly, the center’s president.

Col. Thomas A. Kolditz, the chairman of West Point’s department of behavioral sciences and leadership who discusses “don’t ask, don’t tell” in his classes, said that cadets were roughly split for and against openly gay service but that most did not feel strongly about their views.

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