SLDN

SLDN Releases Guide to Open Service

The Servicemembers Legal Defense Network (SLDN) has created a new legal guide, Freedom to Serve: The Definitive Guide to LGBT Military Service, to help navigate the laws and policies related to military service that will exist following the repeal of Don’t Ask, Don’t Tell (DADT). It is downloadable at www.sldn.org, the SLDN website which has been redesigned for the post-DADT environment. The guide and website cover SLDN’s legal services, and issues such as standards of conduct, benefits for spouses and families of service members, discharge upgrades, and veterans’ benefits.

SLDN Legal Director David McKean:

The information contained in this legal guide will help service members, prospective service members, their families, and friends make informed decisions about how to serve successfully as we move beyond ‘Don’t Ask, Don’t Tell.’ It will also assist them in understanding how to protect themselves when necessary and how to respond if they are targeted in any way for their actual or perceived sexual orientation or gender identity.

The new guidance will become effective on September 20 when the DADT repeal goes into effect. The clock is ticking.

PFAW

UPDATE: DADT repeal survives Senate committee

Last week, I reported the need for vigilance over Don’t Ask, Don’t Tell (DADT) repeal given pending action on the FY12 Defense Authorization bill in the Senate Armed Services Committee. Thankfully, the challenges we faced in the House did not materialize in the Senate.

Servicemembers Legal Defense Network:

After a decade of discussions with the House and Senate Armed Services Committees and specific recommendations to the Hill, we welcome the Senate Armed Services Committee’s (SASC) decision to repeal Article 125 of the Uniform Code of Military Justice (UCMJ) relating to sodomy. This action has been recommended by SLDN and several groups, including the Cox Commission, which includes distinguished legal scholars from the military and academia, as well as the Comprehensive Review Working Group (CRWG). The committee’s decision to amend Article 120 of the UCMJ is also timely and welcomed.

We were also pleased that provisions to delay ‘Don’t Ask, Don’t Tell’ repeal certification, as well as inject DOMA language into the bill, were not offered.

As we look toward the Senate floor and eventually the conference committee, keep in mind that we are two days away from the six-month anniversary of DADT repeal on June 22. The clock is ticking.

Servicemembers are still waiting. We’re all still waiting. We need swift certification and effectuation of DADT repeal.

PFAW

DADT repeal on track but not unchallenged, need for vigilance remains

Prior to President Obama’s December 22, 2010 signing of the Don’t Ask, Don’t Tell Repeal Act, then House Majority Leader Steny Hoyer (D-MD5) had this to say about the American promise of equality for all.

Nearly six months later, Minority Leader Hoyer’s message about fundamental rights being “self-evident, but not self-executing” rings true. Even as military leaders are working hard to train the troops for repeal implementation, and reporting back success:

Repeal opponents want to disrupt the mission through the FY12 Defense Authorization bill.

  • Section 533 – Slow down repeal by adding the service chiefs to the certification process. A thoughtful process is already in place. Repeal must be certified by the President, the Defense Secretary, and the Chairman of the Joint Chiefs of Staff in order for it to go into effect, and even then there is 60-day waiting period prior to the full policy change. These Administration officials are the men tasked with setting military policy. The services chiefs will advise as appropriate, but are ultimately tasked with executing the policies set at the Administration level.
  • Section 534 – Enshrine DOMA within the military and the DOD civilian corps. DOMA is unconstitutional. The courts agree. So do President Obama and the Attorney General. With DOMA’s future, at the very least, up for review, if not wholly in doubt, it would be foolish to reaffirm it now.
  • Section 535 – Restrict the right of chaplains and other military and civilian personnel, and the use of DOD property, to perform marriage ceremonies. When DADT repeal takes effect, even if DOMA remains in place, there is no reason why these personnel and facilities shouldn’t be available to same-sex couples whose marriages are recognized at the state level. We wouldn’t force individual chaplains to perform same-sex marriage ceremonies, but we also shouldn’t restrict their ability if they wish to do so.

The Senate version of the bill is expected to be taken up by the Senate Armed Services Committee this week. Please help us make clear to the subcommittee and full committee that we want to keep repeal on track and free of harmful amendments.

Before I go, a special shout out to our friends at the Servicemembers Legal Defense Network for demonstrating that servicemembers are still waiting. We’re all still waiting. We need swift certification and effectuation of DADT repeal.

PFAW

Don’t Ask, Don’t Tell repeal: The fight is not over

PFAW was just as disappointed as anyone to see last Thursday’s procedural defeat of the FY11 Defense authorization bill.
 

Don’t Ask, Don’t Tell has been a failed experiment in discrimination—it has kept countless patriotic Americans from serving their country in the military, and sent thousands of brave men and women packing after honorable careers in the armed forces. For too long, an unjust, ineffective, and unpopular policy has been kept in place by the divisive politics of the far-right fringe. As Sec. Gates has acknowledged, Don’t Ask, Don’t Tell won’t hold up for long in the court of law. The Senate’s refusal to end the policy at Sec. Gates’ request—and to sink an important Defense bill along with it—is short-sighted and irresponsible, and puts right-wing politics ahead of national security.

But we have called on you to keep fighting, in particular on behalf of S. 4023 – the stand-alone repeal bill introduced by Senator Lieberman, with Senators Collins, Gillibrand, Mark Udall, and 38 other cosponsors (at press time).

Last night, a Department of Defense Authorization bill that contained the repeal of Don't Ask, Don't Tell was successfully blocked, falling three votes short of the 60 needed for the bill to get an up-or-down vote on the Senate floor. But there's good news… Several senators who voted to block the bill did so not because they oppose repealing Don't Ask, Don't Tell but because they had procedural objections to how the bill was being pushed forward.

Shortly after the vote, Sens. Joe Lieberman (I-CT) and Susan Collins (R-ME) announced they were introducing Don't Ask, Don't Tell repeal as a stand-alone bill and expressed confidence that they had more than the 60 votes required to move the bill forward. It's been rare in recent years that we could count Sens. Lieberman and Collins as allies in the fight for progress on many of the issues we care about. But in this instance, they deserve to be commended. They are matching their words with action and moving a bill which could, once and for all, be the final nail in the coffin for the discriminatory policy of Don't Ask, Don't Tell.

Help shore up your senators' support for repealing Don't Ask, Don't Tell by calling them now and urging them to vote YES on repeal.

Capitol Switchboard - (202) 224-3121

Last Friday, repeal advocates gathered on Capitol Hill to make sure that the Senate keeps fighting. From Metro Weekly:

I attended the rally and was heartened by the passionate voices emanating from the podium. More information about those speakers, including additional video, is available here and here.

PFAW

DREAM Act up today in the House and Senate, DOD/DADT looming

We are now certain that today is the day for the DREAM Act in both the House and Senate. Please keep calling! 866-967-6018 for the House. 866-996-5161 for the Senate.

To assist you in your calls, here are some talking points from the National Immigration Forum.

Why should your Representative support the DREAM Act?

•    Because the public supports it—70%, according to a recent poll by First Focus.

•    Because the military wants it.  Secretary of Defense Bill Gates recently wrote a letter to the DREAM Act’s sponsor in the Senate in support of the DREAM Act.  Retired Gen. Colin Powell has also spoken publicly in favor of the DREAM Act.  The DREAM Act will help the military meet recruitment goals, because one of the ways students will qualify is to serve in the military.

•    Because taxpayers deserve a return on their investment.  Allowing immigrant students to continue their education and achieve their potential will translate into better jobs and higher tax revenue when these promising young people enter the workforce.  A single-minded focus on enforcement, as proposed by anti-immigrant Members of Congress would deny taxpayers this return on investment, and result in higher deficits, cuts in other programs, or higher taxes to pay to deport these immigrant youth.

After the Senate completes its afternoon votes, depending on the outcome, it’s possible that Majority Leader Reid could go back to the FY11 Defense authorization bill. As he has pledged:

We are also going to repeal the discriminatory don't ask, don't tell rule. We are going to match our policy with our principles and finally say that in America everyone who steps up to serve our country should be welcomed.

Republicans know they do not have the votes to take this repeal out of the Defense authorization bill, so they are holding up the whole bill. But when they refuse to debate it, they also hold up a well-deserved raise for our troops, better health care for our troops and their families, equipment such as MRAP vehicles that keep our troops safe, and other critical wartime efforts in Afghanistan and counterterrorism efforts around the world.

We’ve been waiting 17 years for the repeal of Don't Ask, Don't Tell. But our troops are also waiting. Click here to contact your Senators, and here for information about this Friday’s rally at the Capitol.

PFAW

Majority Leader Reid says Senator McCain is the Lucy to America’s Charlie Brown

On November 16, 1952, Lucy yanked the football out from under Charlie Brown.

Peanuts

Today, Senator McCain is doing the same to America. Majority Leader Reid:

Mr. President, there is a recurring gag in the comic strip ``Peanuts'' with which we are all familiar. Charlie Brown is getting ready to kick a field goal. Lucy is holding the ball while Charlie runs up to the ball. At the last second, Lucy pulls the ball away. Charlie Brown flies into the air, comes crashing back down, and falls flat on his back. We have all seen this time and time again. But what makes this gag funny is the same thing that made it famous. It wasn't so much that Lucy was tricking Charlie Brown; it was that it kept happening over and over. Charlie Brown kept being tricked.

It is obvious by now that our Republican friends have drawn their political strategy from this cartoon.

[. . .]

Finally, the Senator from Arizona, his party's nominee for President last election, has given a dizzying defense of don't ask, don't tell--an obsolete, embarrassing, and discriminatory policy that weakens our military and offends our values. First, Senator McCain said he seriously would consider repealing it if the military leadership thought we should. When the military leadership said it should be repealed, he pulled away the football. Then Senator McCain said he would need to see a study from the Pentagon. When the Pentagon produced a study saying repeal would have no negative impact, he pulled away the football again. And for his latest trick, he said yesterday that he opposed repealing don't ask, don't tell, a proposal that would be a great stride forward for both equality and military readiness, because of the economy. I repeat: The senior Senator from Arizona said he couldn't support repealing don't ask, don't tell because of the economy. I have no idea what he is talking about, and no one else does either.

Senator McCain is essentially telling us to lie here for the rest of the day. But we know that we cannot and will not spend another 58 years trying to kick that football and make the repeal of Don’t Ask, Don’t Tell a reality. The Senate must act posthaste on the FY11 Defense authorization bill. Take care of repeal. Take care of our troops. Take care of our nation’s defense.

Don’t let anyone tell you that neither the will nor the time are available. Show the Senate that they are. Click here to contact your Senators, and here for information about this Friday’s rally at the Capitol.

PFAW

GOP obstruction on the Defense bill is stopping more than DADT repeal

Yesterday, Majority Leader Reid gave a floor speech about the Senate’s lame duck agenda.

 

Mr. President, as far as lameduck sessions of the Senate go, our agenda is rather ambitious, and the session itself is relatively long. It did not have to be this way. We have tried many times this Congress to tackle each of the priorities on our agenda. Each time we have tried, the minority has tried to shut down the Senate. Republicans ground the Senate to a halt and forced endless hours of inactivity. That is why we were here voting on Sunday--on Saturday; I am sorry. Thank goodness it was not on Sunday. That is why we will still be here another few weeks.

We have a long to-do list. But these priorities are not mere leftovers. They are critical to our economy and our national security, to our families and our country's future, and we will resolve them before we adjourn.

[. . .]

Obstruction has consequences. None of the issues on this long list is new. Neither is the minority's effort to keep the Senate from working and keeping Senators from doing our jobs.

It is time to roll up our sleeves--not dig in our heels. My hope for the final weeks of this year is that Republicans finally will realize we all have much more to gain by working together than working against each other.

That got me thinking about Don't Ask, Don't Tell. Its repeal constitutes just 4 pages (203-207) of the 854-page FY11 Defense authorization bill. That means GOP obstruction is holding up a bill over just 0.47% of its text.

So what’s in the other 99.53%?

As Majority Leader Reid points out:

We are also going to repeal the discriminatory don't ask, don't tell rule. We are going to match our policy with our principles and finally say that in America everyone who steps up to serve our country should be welcomed.

Republicans know they do not have the votes to take this repeal out of the Defense authorization bill, so they are holding up the whole bill. But when they refuse to debate it, they also hold up a well-deserved raise for our troops, better health care for our troops and their families, equipment such as MRAP vehicles that keep our troops safe, and other critical wartime efforts in Afghanistan and counterterrorism efforts around the world.

We’ve been waiting 17 years for the repeal of Don't Ask, Don't Tell. But our troops are also waiting. The Senate must act posthaste on the FY11 Defense authorization bill. Take care of repeal. Take care of our troops. Take care of our nation’s defense.

Don’t let anyone tell you that neither the will nor the time are available. Show the Senate that they are. Click here to contact your Senators, and here for information about this Friday’s rally at the Capitol.

PFAW

Lieberman, Collins call for expedited DADT report

With the fight to repeal Don’t Ask, Don’t Tell approaching a critical turning point, Senators Lieberman and Collins have called on the Pentagon to expedite its DADT report. Leaks from the report, due December 1, suggest that it will corroborate what experts have been saying all along in the DADT debate – that the policy could be repealed “with only minimal and isolated incidents of risk to the current war efforts.”

DADT supporters would have you believe that repeal is all but dead. That is far from the truth. Repeal is still very much within our reach. Contact your Senators and Majority Leader Reid, the Department of Defense, and the White House. Thank our supporters and urge them to stand up and speak out. Urge the opposition to change course.

Most of all, urge that the fate of repeal not be sealed until the Pentagon report is released. We have every reason to believe that good news is coming. We must keep fighting.

An excerpt from the Lieberman-Collins letter appears below.

Some of our colleagues in the Senate share our view about the importance of passing a defense bill, but they are awaiting the release of the working group’s report before agreeing to begin debate on the bill. We are hopeful that release of the report and the opportunity for our colleagues to review its findings and recommendations will help inform their understanding and alleviate some concerns they may have regarding the military’s capacity to implement repeal of “Don’t Ask, Don’t Tell” in a manner that is consistent with our armed forces’ standards of readiness and effectiveness, unit cohesion, and recruiting and retention. Given the limited amount of time remaining in the 111th Congress, the soonest possible release of the working group’s report could therefore be instrumental in allowing the defense bill to move forward.
PFAW

DADT repeal approaches critical turning point

With the House and Senate set to reconvene next week, we’re hearing a lot of talk about what will or won’t be considered, especially when it comes to the FY 2011 Defense authorization bill. PFAW and AAMIA have both supported the inclusion of Don’t Ask, Don’t Tell repeal, which passed as an amendment on the House floor and in the Senate Armed Services Committee. Now is the time – likely the only time for the foreseeable future – to close the deal on the Senate floor and send repeal to the President’s desk.

Senator McCain, who was behind the bill’s filibuster back in September, is waging a very public campaign to convince Chairman Levin to water down his proposal and drop repeal. Aubrey Sarvis, Executive Director of the Servicemembers Legal Defense Network, put the rumors in perspective.

Sarvis told Roll Call that he expects Levin to bring the defense bill to a vote with the repeal in it, and he called it “premature” to speculate on whether Levin will yield to McCain’s pressure. The most important thing for now, he said, is for proponents of the repeal to take the reins in framing the message on the issue.

“There’s no doubt McCain is trying to frame the debate early, even before Senators return for the lame duck,” Sarvis said. “We’re trying to counter where McCain is out there saying the only bill that can move out there is a watered-down bill. That assertion needs to be pushed back on.”

Senators Lieberman, Udall (Mark), and Gillibrand added their own call to action.

The Senate should act immediately to debate and pass a defense authorization bill and repeal ‘Don’t Ask, Don’t Tell’ during the lame duck session. The Senate has passed a defense bill for forty-eight consecutive years. We should not fail to meet that responsibility now, especially while our nation is at war. We must also act to put an end to the ‘Don’t Ask, Don’t Tell’ policy that not only discriminates against but also dishonors the service of gay and lesbian service members.

The National Defense Authorization Act is essential to the safety and well-being of our service members and their families, as well as for the success of military operations around the world. The bill will increase the pay of all service members, authorize needed benefits for our veterans and wounded warriors, and launch military construction projects at bases throughout the country.

Defense Secretary Robert Gates did the same in a recent interview.

I would say that the leaving "don't ask, don't tell" behind us is inevitable. The question is whether it is done by legislation that allows us to do it in a thoughtful and careful way, or whether it is struck down by the courts. Because recent court decisions are certainly pointing in that direction. And we went through a period of two weeks in October where we had four different policy changes in the space of, as I say, two weeks, from striking it down totally, to a stay, to appeal, and so on. So I I think we have the least flexibility. We have the least opportunity to do this intelligently and carefully and with the kind of preparation that is necessary, if the courts take this action as opposed to there being legislation.

Don’t Ask, Don’t Tell repeal is still very much within our reach. Contact your Senators and Majority Leader Reid, the Department of Defense, and the White House. Thank our supporters and urge them to stand up and speak out. Urge the opposition to change course.

Note that the long-awaited Pentagon study is set to be released on December 1. We have every reason to believe that good news is coming. We must keep fighting.

Click here for more information on the path forward.

PFAW

The Lingering Injustice of Don’t Ask, Don’t Tell

The Don’t Ask, Don’t tell policy has been denounced by a vast majority of Americans, rejected by the leaders of the military, and, if Republicans decide not to filibuster, will be finally on its way out in this year’s Defense Authorization bill. But, for now, the policy is still driving talented and dedicated Americans away from serving in the armed forces.

The New York Times yesterday interviewed several gay and lesbian current and former West Point cadets on the pressures of serving their country while hiding their identities. Katherine Miller is a 20-year-old cadet who left West Point this month after two years of being unable to follow both the Don’t Ask, Don’t Tell policy and the Cadet Honor Code to “not lie, cheat, steal or tolerate those who do.”

“It was a whirlpool of lies — I was violating the honor code every time I socialized,” she said in an interview.

Ms. Miller, who ranked 17th in her West Point class, wrote in her Aug. 9 resignation letter: “I have lied to my classmates and compromised my integrity and my identity by adhering to existing military policy. I am unwilling to suppress an entire portion of my identity any longer.”

The Servicemembers Legal Defense Network has been releasing a letter a day this week from family members of those who have been harmed by Don’t Ask Don’t Tell to the Pentagon officials charged with surveying straight military spouses about the policy. Pam’s House Blend is posting all the letters.

The parents of an Army sergeant who was fired because of Don’t Ask, Don’t Tell wrote:

As parents, this law offends us deeply. It tells us that our gay and lesbian children who are in uniform and putting their lives on the line every day, saving lives, are not good enough to serve their country. The law discriminates against family members, forcing fear and anguish into their lives. Our sons and daughters should be judged on their performance, loyalty to country and bravery, not their sexual orientation.

The partner of a Navy captain who survived the Sept. 11 attack on the Pentagon wrote:

As the numbness began to wear off, it hit me how incredibly alone I would have been had Joan been killed. The military is known for how it pulls together and helps people; we talk of the "military family," which is a way of saying we always look after each other, especially in times of need. But, none of that support would have been available for me, because under DADT, I didn't exist.

In fact, I would have been one of the last people to know had Joan been killed, because nowhere in her paperwork or emergency contact information had Joan dared to list my name.

Congress and the military may be on the path to repealing DADT…but as they meander down that path, injustices continue to pile up.
 

PFAW

The End of Don’t Ask, Don’t Tell?

At long last, it looks like the discriminatory Don't Ask, Don't Tell policy may finally be on a path to repeal:

President Obama has endorsed a "don't ask, don't tell" compromise between lawmakers and the Defense Department, the White House announced Monday, an agreement that may sidestep a key obstacle to repealing the military's policy banning gay men and lesbians from serving openly in the armed forces.

The compromise was finalized in meetings Monday at the White House and on Capitol Hill. Lawmakers will now, within days, vote on amendments that would repeal the Clinton-era policy, with a provision ensuring that any change would not take effect until after the Pentagon completes a study about its impact on troops. That study is due to Congress by Dec. 1.

Congressional votes on the repeal are expected to be close. Let’s hope our elected officials have the courage to do the right thing and end a policy that has prevented thousands of patriotic Americans from serving their country honestly and openly.
 

PFAW

DOD puts breaks on DADT repeal, veterans to lobby Congress

Late Friday, Defense Secretary Robert Gates and Joint Chiefs Chairman Admiral Mike Mullen urged Congress to hold off on repealing Don’t Ask, Don’t Tell until the Pentagon completes its policy review. This was followed by a White House statement (cited by Washington Post and other media outlets) deferring to Secretary Gates.

Alexander Nicholson, a former Army interrogator discharged under Don't Ask, Don't Tell and current Executive Director of Servicemembers United, believes that the push for repeal is not the real problem.

This letter from Secretary Gates is a significant cause for concern for those who truly respect and support the gay military community.

PFAW agrees that careful thought must be given to a repeal of Don’t Ask, Don’t Tell. But like Alexander Nicholson, we believe just as strongly that legislative action does not depend on the actions of the DOD Working Group. The Working Group was commissioned to study how to repeal Don’t Ask, Don’t Tell – not whether it should be repealed. That’s the point on which Congress wants to act. They could do so as early as this month when work begins on the DOD Authorization bill. Congress should proceed now so that we are ready for implementation by December 1 – the deadline for completion of the Working Group report.

Aubrey Sarvis, Army veteran and Executive Director of Servicemembers Legal Defense Network, described this “fierce urgency of now” in his response.

As a result of the Commander in Chief's decision to defer to Secretary Gates' wishes and timeline, gay service members will continue to be treated as second class citizens, and any sense of fairness may well have been delayed for yet another year, perhaps for another decade.

Joe Solmonese, President of the Human Rights Campaign, continues.

[F]ailure to act this year will, without a doubt, continue to send the message to the thousands of gay and lesbian Americans serving their country in silence that their views and concerns, and the impact on them and their families, do not matter to the military leadership, including their Commander-in-Chief.

Advocates will not rest in their push for an end to LGBT discrimination and muzzled military service. In fact, we’re just one week away from the National Veterans Lobby Day. Hundreds of veterans will come to Capitol Hill to stand up and speak out for the end of Don’t Ask, Don’t Tell.

PFAW

Lift the Ban

Repealing "Don't Ask, Don't Tell" (DADT) is a prime issue for LGBT lobbyists and activists nationwide--including here at People For. Freedom from discrimination is a basic right that all Americans should enjoy. Repealing DADT is necessary for our nation to restore its core values, especially the principle of equality for all.

On Friday, March 13th, 2009, Servicemembers Legal Defense Network (SLDN) hosted a lobby day and a "Freedom to Serve Rally" on Capitol Hill, and I was pleased to be able to join them. Lobby groups targeted Representatives and Senators who currently oppose the repeal.

As a supporter of repeal, it was difficult for me to understand how Representatives and Senators could refuse to support ending DADT. It was shocking for me to see how many Congress members were completely uninterested in hearing from our group--even those of us who had served in uniform for our country.

Later, I could not hold back the tears when some of our discharged service members, some after even 25 years of service, shared their stories during the Freedom to Serve Rally. Rep. Eleanor Holmes Norton (D-DC) was a standout among an impressive lineup of speakers. Rep. Norton declared: "I'm done asking! And I'm telling!" We're not asking for repeal any longer, we're telling Congress and President Obama that the time for repeal is now. And this isn't just about fairness and job discrimination, Rep. Norton noted, but it is also about the strength of our military.

Lifting the ban on "Don't Ask, Don't Tell" is not only necessary for retaining equality, but it's necessary for ensuring that our armed forces remain the best in the world. It is imperative that we join together to make sure that all Americans can serve honestly and openly in our armed forces. Together, we can and we will lift the ban!

PFAW