OneAngryDyke: Ron Paul Thinks The Gays Are Okay

Since Ian Awesome is busily running around declaring war on the rich, he is proud to introduce his latest guest writer, Kate West, formerly of the Seattle Lesbian and all-around good gal.  Huzzah!

Apparently Ron Paul thinks the gays aren’t the problem in the military . . . it’s those darn heterosexuals causing “trouble”. The same guy who is avidly anti-choice and a self-avowed Republican now (remember when he was a Libertarian?) told Iowa State Daily today that he thinks the straight soldiers are “causing more trouble than the gays”. He didn’t address the real ongoing problem of sexual assault in the military, presumably the “trouble” he referenced. According to NPR, “In 2003, a survey of female veterans found that 30 percent said they were raped in the military.” 

Thank goodness those queers didn’t start hitting on all the straight soldiers after DADT repeal . . . we can all sleep better at night knowing THAT didn’t happen.

Openly Gay Soldier Runs For Colorado House

Since Don't Ask, Don't Tell's repeal, thousands have gay soldiers and veterans have come out as lesbian, gay, or bisexual.  It was only a matter of time until one ran for office, and one Colorado veteran has announced a bid for a seat in Colorado House District 28.

Carroll served two tours in Afghanistan and one Iraq with Army Special Forces Information Management Division, Special Operations Command and was openly gay despite Don’t Ask Don’t Tell. Carroll returned to Colorado after completing 6 years of active duty, joined the Colorado Army National Guard, 19th Special Forces Group, and served as a Veterans Affairs Specialist for Senator Mark Udall, assisting military and veteran constituents with cases pertaining to healthcare, housing, the Department of Veterans Affairs and Don't Ask Don't Tell repeal.

“This is an historic day,” Carroll explained, “as far as I know I am the first out Veteran and active National Guardsman in the country to officially run for office since the Repeal of Don’t Ask Don’t Tell.” Brian continued, “I am proud of the work that I did fighting alongside Mark Udall and the thousands of Service Members nationwide to repeal Don’t Ask Don’t Tell. I will continue to fight for equality, serving my country and our great state of Colorado in the Army National Guard while exercising my right to run for public office. I look forward to a robust and energetic campaign where I will have the opportunity to engage the voters and constituents of House District 28 to hear their concerns and hopes for a better future.”

Good luck to Carroll.

Santorum: Gay Is Not Black Or Something... Uh, Napkins

Ol' Frothy Mix, in his last presidential debate, got his ass handed to him for his remarks stating that the military should not be conducting social experiments-- by uh, not firing gay people-- so you would think that he would have a statement prepared when a similar quote stemming from the era of desegregation was tossed in his face:


But no. Santorum is still busy telling us what gay rights are or are not.  He should probably be thinking up a new strategy-- like, oh, not opening his mouth-- since his "moral values" platform is bombing in the polls.

Rick Santorum Condemns Booing, Contradicts Self

Rick Santorum gave an interview to Fox News anchor Megyn Kelly, who is shaping up to be quite an advocate (in weak Faux News terms) for the gay community.  In that interview, he addressed the booing of openly gay soldier Stephen Hill, condemning the act and the people that did it:

I condemn the people who booed that gay soldier. That soldier is serving our country. I thank him for his service to our country. I'm sure he is doing an excellent job. I hope he is safe. I hope he returns safely, and does his mission well. I have to admit I seriously did not hear those boos. Had I heard them, I certainly would have commented on them.

I kind of think his condemnation is a bit contradictory to the issues he stands for.  If that soldier is doing an excellent job and is worth thanking for his service, why should he not be allowed to serve?  Isn't the act of coming out, according to Santorum, in of itself destructive to the military mission?  This only serves to illustrate the fallacies of his argument.

And, Rick?  I suggest you get a hearing aid.

The Army Sez: Repeal Is Here, Suck It Up And Drive On

The Secretary of the Army, Army Chief of Staff, and Sergeant Major of the Army have now released a letter officially announcing the repeal of Don't Ask Don't Tell.  I especially like the part where they remind possible dissenters about orderly conduct and the core values of the largest component of our defense.

"At the heart of our success is adherence to the Army Values.  These standards not only infuse every facet of our culture and operations, but also guide us as we adapt to change.  Loyalty, Duty, Respect, Selfless Service, Honor, Integrity, and Personal Courage are not mere words to us-- they are the very principles by which we live, train, and fight. 

"Accordingly, we expect all personnel to follow our Values by implementing the repeal fully, fairly, and in accordance with policy guidance.  It is the duty of all personnel to treat each other with dignity and respect, while maintaining good order and discipline throughout our ranks.  Doing so will help the U.S. Army remain the Strength of the Nation."

I have to admit, having been in the Army myself, this de facto explanation of the core values and duties each soldier must cleave to, regardless of their ideas of who is acceptable to have sex with, was a bit stirring.  Serving in the military is about duty, not about your personal agenda.

Countdown To DADT Repeal: Day 1

Today is the last day of DADT's existence.

Michael Bedwell, from whom I've been blatantly stealing content over the past five days, reminds us today of a different sort of veteran than one we normally associate with the struggle for LGBT equality in the armed services.

Dusty Pruitt's story in many ways is remarkable.  Coming to terms with her homosexuality later than we consider commonplace today, she did not realize she was a lesbian until she had already gained a commission in the US Army as a 2nd Lieutenant.  Like many of us, she came from a religious background, but unlike so many in our community, her sexual orientation did not detract from her spiritual pursuits.  While still in the Army, Pruitt became familiar with the Metropolitan Community Church, an LGBT-oriented Christian church dedicated to furthering the case of equality.  Also during her military service, she joined an MCC in Forth Worth, TX as a charter member, a brave decision for a commissioned officer at that time.  She eventually became a minister to that church.

This was a secret... at first.  Michael writes:

After a "Los Angeles Times" reporter violated her request that she not reveal she was an MCC minister AND in the Army Reserve, Dusty Pruitt was kicked out in 1983 but eventually won a 12-yr. court battle for full reinstatement. Now pastoring a United Church of Christ congregation, she once expressed concern about how many years it would take after the ban was lifted for homophobia in the ranks to end.

While the battle for the right to serve appears to have been won (for cisgender servicemembers, at least), I, too, wonder how long it will be for homophobia in the ranks to evaporate.  I myself was exposed to very limited amounts of homophobia other than my official discharge.  I was a translator surrounded by translators with a high level of education, and the idea of discriminating against me due to my sexual orientation was almost laughable.

However, it exists.  One only has to peruse the comments of a recent Military Times article to see the virulently homophobic sentiment that still exists in the rank and file (yes, you'll see my comments in there, somewhere, and I'm pretty PO'd).  Does this illustrate that the fight for full equality, not just legislatively but in the hearts and minds of the people, is a lost cause?

No.  Just as I feel that with renewed efforts our trans battle buddies will be able to serve openly without repercussions, I feel even stronger about the notion that when our children grow up and serve in the military (should they choose to do so) it will be without any iota of bias towards their sexual orientation.

After all, not only did Dusty Pruitt challenge modern ideas of faith and how sexuality can be cherished within one's church, she challenged the military's ban and was reinstated in full in the military.  It's remarkable, and it appears to be against all odds.  If Pruitt, now Reverend Pruitt, can find bridge so many divides just within one woman, how can the greatest military on Earth not do the same?

Countdown To DADT Repeal: Day 2

Tomorrow is the last day of DADT's existence, and Michael Bedwell, historian extraordinaire, reminds us of some of the more dire times in our nation's legacy of gay military service: the queer stockades.  When soldiers were outed as gay or lesbian during the WWII era, prior to the Don't Ask, Don't Tell policy, they were subject to horrific abuses at the hands of military personnel.  Quartered in separate living conditions, they were treated as pariahs and basically were denied their humanity.

Michael adds:

Many abuses continued after the WWII ban became DADT, but they were rarely as bad as the earlier open air "Queer Stockades" like the enclosure in the top picture or the mental wards as in the second actual photo. Gays were often marched through gauntlets of ridicule, sometimes raped by MPs, and sometimes attempted or succeeded at suicide. In the 80s, locking them in closets for hours until they named names became the "funny" method of choice. 

While some in the medical profession urged even acceptance of gay soldiers as far back as WWII, the "they're not just sick but evil" mindset prevailed, and the depth of today's homophobia can be largely traced to the homophobic lectures troops received either during the war or in the years following, after a brief period of more benign attitudes. It reached its worst post war phase during the Reagan Administration when homophobia combined with AIDSphobia resulting in multiple horror stories about the treatment of those living either with HIV or with actual AIDS.

In a separate post on his Facebook, however, Michael links some of that culture of despair and suicide with one of our happier triumphs as a community: the adoption of a common symbol that links us all as one people in all our diversity.

Gilbert Baker, as a result of being rejected by his first love while in the military between 1970 and 1972, compounded with the homophobia he experienced while in the Army, attempted suicide... but survived.  He received an honorable discharge from the military, but afterwards became active in the gay and anti-war activism movements.  What did he bring to the table?  Creativity... and the ability to sew.

Eight years after his suicide attempt, he created the Rainbow Flag, the symbol for LGBTs the world over.  Since its creation, it has been reproduced thousands of times in a hundred different permutations, and is the most widely-known representation of our community.

Once, while I was serving in the United States Army at the Defense Language Institute in Monterey, California, myself and three other soldiers took a trip to San Francisco.  We went to the Castro, of course, being the young gay kids that we were, and our first sight of this mecca of gayhood was the massive Castro Rainbow Flag, on the corner of Castro, Market, and 17th.

We weren't in uniform, but we decided to honor our community in the best way that a soldier knows: I stood at attention, called my battle buddies into formation, and ordered "Present ARMS!"  We saluted that flag, and I like to think we brought that flag's history full circle; born out of a tragic experience of shame and homophobia in the military, the flag has come to stand for hope and renewal, an honoring of the ties that bind our diverse community together.  An ex-soldier with emotional scars set aside his pain and created a symbol, and we, as modern soldiers, honored that symbol and the warriors that have carried it in intervening years.

Perhaps these simple (and sometimes horrific) stories are the ones that really express what the struggle for acceptance for gays in the military has meant all these years:  tragedy, renewal, and rising in the face of the adversities brought to us through institutionalized discrimination in order to plant our flag and say:

We're gay.  Get over it.

SLDN Celebrates Repeal Without Radical Activists

Servicemembers Legal Defense Network created a short video celebrating the end of Don't Ask, Don't Tell by recounting key discussions, landmark court cases, and the efforts of advocates to end DADT on Capitol Hill.



While this video is nice and all, to me it sort of highlights the divides between the gay advocacy and activism movements.  While we both have the same goals, radical activists (the ones who choose to express outrage through civil disobedience) tend to be snubbed by advocates who regard their stunts as childish while activists lean towards viewing Capitol Hill advocates as milquetoast fundraisers who avoid rocking the boat.

Why is Dan Choi-- the most recent and arguably most powerful face of DADT-- absent from this video? While GetEQUAL is thanked at the end of the video, why are they not pictured?  Many may think I'm being whiny, but I believe that DADT was repealed because of efforts both from paid advocates and volunteer activists.  Aubrey Sarvis certainly helped pass repeal, but in order to present a complete picture of the story of repeal these other elements are necessary.  


Whatever.  It's a fine video.  I hope as the movement progresses further in order to afford the same freedoms LGBs are achieving in the military for our transgender comrades in arms, the divide between advocates and activists can be bridged.  I'm not particularly holding my breath, though.

DADT Repeal Countdown: Day 3

Today's historical reminder in the fight for gays in the military takes us back 35 years as of this month, to the remarkable story and struggle of Staff Sergeant Robert LeBlanc, a decorated Vietnam war vet who served the Marines with such bravery and excellence that that he received a Navy Commendation Medal for his brave actions:

NAVAL COMMENDATION MEDAL CITATION—“WITH COMPLETE DISREGARD FOR HIS OWN SAFETY, CORPORAL LeBLANC FEARLESSLY RUSHED INTO THE HAZARDOUS AREA….HIS HEROIC & TIMELY ACTIONS INSPIRED ALL WHO OBSERVED HIM….BY HIS COURAGE, BOLD INITIATIVE, & STEADFAST DEVOTION TO DUTY IN THE FACE OF GREAT PERSONAL DANGER, CORPORAL LeBLANC UPHELD THE FINEST TRADITIONS OF THE MARINE CORPS & OF THE UNITED STATES NAVAL SERVICE .”

This American hero, however, had to fight, after his 17 years of service, to keep an honorable discharge after his men reported that he might be gay.

Michael Bedwell writes:

Administrative discharge boards had voted twice to retain him when no evidence was submitted that he was gay other than claims by men LeBlanc had disciplined as a narcotics enforcement officer with the MPs. When asked directly if he was gay, LeBlanc told his superiors and the boards, “You have no right to ask the question!”—the kind of response the military does not like to hear. Despite all of Robert's medals, despite his repeatedly risking his life for his country and his fellow Marines, despite his having "upheld the finest traditions of the Corps," Gen. Louis H. Wilson, then-Commandant of the Marines, insisted that the accusations alone were adequate proof he was unsuitable, and ordered him discharged with the less-than-honorable designation which limits the kind of benefits a veteran can receive—most importantly, access to Veteran's Administration medical care. The local MCC organized a then-rare-military-related protest of his treatment outside the gates of Marine Barracks, Terminal Island, Long Beach, California.

Robert LeBlanc fought his less-than-honorable designation until Anthony Kennedy, who now serves on the Supreme Court, ordered the Marines to either give him his honorable discharge or retain him until the matter could be brought to trial.  The Marines chose to discharge him honorably rather than keep him in the military.

General Wilson, as a result of the court case, had this to say to People Magazine:

“If we discover a man is a homosexual we'll discharge him, because it's simply a morale factor that we can't have. If laws are passed that allow homosexuals in, then we'll negotiate.”

Unfortunately for the General Wilsons of today, when laws are passed, there is no negotiation.  The military does what it is told to do.  Holding the rights of soldiers, Marines, sailors, and airmen hostage through disobedience of lawful directives simply isn't an option.  That doesn't keep some lawmakers, however, from attempting to stall DADT repeal by requesting additional study on the issue just days before repeal is to happen:

Today, Servicemembers Legal Defense Network (SLDN) released the following statement in response to a letter issued by House Armed Services Committee (HASC) Chairman Rep. Buck McKeon (R-CA) and Rep. Joe Wilson (R-SC) asking for a delay of “Don’t Ask, Don’t Tell” (DADT) repeal, set for September 20, 2011: 

“This is another example of the hardcore opposition attempting to delay or undo ‘Don’t Ask, Don’t Tell’ repeal. I expect they will continue to look for openings to deny gay and lesbian service members the same rights and dignity as their straight counterparts,” said Army veteran and SLDN Executive Director Aubrey Sarvis. “On the substance, Mr. McKeon and Mr. Wilson are simply wrong. The statute only requires that the new regulations be prepared – not issued – before certification.”

I have never been happier to say:  Too late, guys.  It's happening on midnight, September 20th.  Even though some crackpot politicians have hinted at reinstating DADT, I highly doubt it will happen.  I look forward to the day that every LGB, and yes, T, soldier doesn't have to fear the sort of scrutiny and dishonorable treatment Robert LeBlanc was subjected to so long ago.  Because much like his court victory 35 years ago this month, we're winning, and complete victory can't be that far away.

DADT Repeal Countdown: Day 4

Michael passed along this historical curio this morning, a newspaper clip reporting on Leonard Matlovich's court case.  When Leonard came out, he sued the government for a wrongful discharge, and though he ultimately was not successful, his court case laid the groundwork for the ensuing decades of struggle for LGBT equality in the military.

Michael adds:

On September 16th, 1975, the Administrative Discharge Board Hearing for TSgt. Leonard Matlovich resulting from his having purposely outed himself that March began at Langley Air Force Base. Two "prosecution" witnesses upset the hearing when they said they'd eagerly work with him again and two board members were dismissed after saying the prosecutor was doing a bad job.

It's odd the parallels that military LGBT people are facing today in the court-- Dan Choi's recent ongoing criminal trial related to our arrest in November also includes farcical elements, to include a prosecutor refusing to use Dan's rank and referring to him as "Mister Choi" in order to denigrate the defendant.  Will such selective treatment of gay servicemembers end in four days?  Only time will tell.

DADT Repeal Countdown: Day 5

Michael Bedwell, a tireless and stalwart activist who has worked to allow gays and lesbians to serve in the military openly, wanted to remind many of us in the days leading to the repeal of Don't Ask, Don't Tell of the history of the struggle that so many of us have worked in.  Bedwell is the webmaster of leonardmatlovich.com and also was arrested with me in Washington DC.

One piece of that history is, of course, the legendary Sergeant Leonard Matlovich, the father of the American LGBT military movement.  Matlovich was the first gay man to ever come out while in the US military, an action that catapulted him into the national spotlight and began the long road which, for many, will be resolved in five days.

This gem is a video excerpt that Michael passed me of a made-for-TV movie documenting Matlovich's court case in which he sued to stay in the military.  He was unsuccessful, but the case was the first shot fired in a long, tireless war against government-sanctioned bigotry.




 Michael included these comments:

17 years before their film on Grete Cammermeyer, NBC broadcast this made-for-TV movie [the 1st about a living gay person]. While all concerned [including Rue McClanahan as his Mother] were well-intentioned, Leonard's real-life charisma was missing behind the cartoonish moustache they gave Dourif. Still, America learned more than they had before about gays in the military—and that same day the DoD announced that those discharged could apply for upgrades to Honorable.

I wonder how Leonard would feel today, as repeal approaches.  Would he celebrate?  Or would he be stopping short of jubilation and remind us that our transgender brothers and sisters still do not have the freedoms we are about to attain?

Outserve Magazine To Appear On Army Newsracks

The Army and the Air Force have authorized the sale of gay-oriented military magazine Outserve on their installations starting next month, timed with the full repeal of DADT as pertains to gay, lesbian, and bisexual servicemembers.

OutServe Magazine will hit store shelves at Army and Air Force bases on Sept. 20, the day the Pentagon plans to formally end enforcement of the “don’t ask, don'tI tell” policy that bans gays from serving openly.

The publication is published by OutServe, a group of secretly gay active duty service members that says it has hundreds of members currently serving in Iraq and Afghanistan.

The magazine, which began publishing in the spring, is currently available in limited supply at some public meeting areas and military physicians offices, the group said.

 While it will be entirely legal, I'm not sure how comfortable I would have been purchasing this magazine in the PX during my stint in the military ten years ago, even if DADT hadn't been in place.  Sign of the times, I suppose, and one I'm happy to see come about.

Dan Choi Trial Update

This fascinating tidbit has come out during FireDogLake's coverage of the Dan Choi protest trial:

There were several jaw-dropping moments from the Dan Choi trial today, but none more dramatic than the moment Lt. LaChance of the Park Police admitted he was advised by Solicitor Randolph Myers of the Department of Interior to press federal charges against the DADT protesters on November 15 — three hours before they began protesting.

How much clearer does it have to be that these are trumped up charges specifically targeting our group?  Since the beginning of the case, it was evident to us that the prosecution was exercising a grudge on behalf of the government against Dan Choi and company.  I was unable to attend my first court hearing due to a medical emergency, and the prosecutor immediately asked the judge to issue a warrant for my arrest.  He turned it down, of course.

But really, what is the government trying to prove in this case?  

Bachmann Says Some More Crazy Talk

Looks like Bachmann is starting to try both sides of the gay/anti-gay fence, with a recent interview on "Meet the Press" in which she refuses to address anything gay at all, instead bizarrely reiterating over and over that she is running for President:

Visit msnbc.com for breaking news, world news, and news about the economy

Thanks Michele, for this exercise in pointing out the effing obvious.

However, evidently when she's not talking to MSNBC she feels perfectly comfortable talking about taking rights away from LGBT Americans, stating for CNN that she would "probably work" towards reinstating Don't Ask, Don't Tell:

But Bachmann, a favorite of the ultraconservative Tea Party movement, said she would revisit the policy if she reaches the White House. 

"The 'Don't Ask, Don't Tell' policy has worked very well," she told CNN's "State of the Union." 

"I would be in consultation with our commanders, but yes, I probably will" reinstate the ban, she added. 

The ban was overturned in a law adopted in December 2010 that first required the top military officer, the defense secretary and the president -- who is also commander-in-chief -- to certify the change would not harm military readiness and that the armed forces were ready to carry it out.

I asked a friend, Jarrod Chlapowski, who is the Field and Developmental Director of Servicemembers United, what he thought on any efforts on the part of an imaginary Bachmann administration to hash this battle out again:

"Politics aside, I think any executive would have a difficult time reinstating any sort of gay ban in the military, let alone DADT. The public overwhelmingly is in favor of open service. The training is done; the honey is out of the comb. And the last thing any of the service chiefs want is to deal with an extended media spectacle over a reversal that would be unnecessary, harmful, and pure political theater."

Servicemembers United, you may remember, was involved in a landmark court decision ordering a halt to gay discharges, with their Executive Director Alex Nicholson being the plaintiff in the case.

I have a little bit to add to this, as I myself have been involved in the push to repeal Don't Ask Don't Tell.

Last November, I joined Dan Choi and 11 other patriots in standing up for what we believe in.  We went to Washington DC and chained ourselves to the White House fence in order to put pressure on the administration to back full repeal of DADT.  Did we make repeal happen?  I don't know that.  But I do know a month later repeal happened in an unprecedented push for equality in Congress, and I feel confident claiming my part in that narrative.

This in mind, I would like Michele Bachmann, in all her political theater and insane grandstanding, to consider this:  If you reinstate DADT, I'll be back.  I don't care how many times I have to chain myself to that fence, I will be back, and you will be in for a long, pain-in-the-ass ordeal and media extravaganza.

Do you really want this on your doorstep?

When I took the fence with my comrades-in-arms, America paid attention.  Do you want that level of scrutiny on your anti-gay politics?  Your recent interviews, essentially refusing to address your anti-gay past, would indicate you don't.  So don't screw this up for yourself, Michele.

Because we're watching you, and handcuffs really aren't that expensive.

Soldier Comes Out To Battle Buddy: "It's All Good."

A US soldier caught on film his friend's reaction to his homosexuality:




This was very similar to the reactions I got from people when I came out to them in private, though it was normally prefaced with "Duh," "No shit, Sherlock," and "You told me this yesterday."

Breaking: DADT Repeal To Be Certified Tomorrow

Sweet Jesus, really?  Finally?  This isn't a joke?

The repeal of DADT seems to have dragged on forever, with the administration even attempting to foil judicial injunctions preventing the discharge of gay and lesbian servicemembers during the repeal process.  However, today we have good news!

"Senior defense officials tell NBC News that the Pentagon will announce tomorrow that both Defense Secretary Leon Panetta and all of the Joint Chiefs have certified that the military is ready to repeal 'Don't Ask Don't Tell.'

"Each member of the Joint Chiefs had to submit a recommendation to Secretary Panetta, indicating that they are far enough in their training to repeal DADT, and that it will not have an impact on military readiness."

After certification, there will be a 60-day period until DADT is forever dead.  I'm getting impatient.  This victory has been too long coming.

9th Circuit Court Is Kinda The Administration's Bitch

The 9th Circuit Court was kinda my hero last week, so imagine my dismay when they got totally zero over the weekend and weakened their own injunction against DADT at the request of the government.

The administration filed an emergency motion asking the court to reverse its decision, with Justice Department lawyers stating that halting gay discharges at this juncture would inappropriately interfere with the orderly repeal of the discriminatory policy.

Hwat?

"Justice Department lawyers said in Thursday's motion that ending the ban now would pre-empt the 'orderly process' for rolling back the 17-year-old policy as outlined in the law passed and signed by the president in December.

"Congress made quite clear that it believed the terms of the transition were critical to the credibility and success of this historic policy change, and to ensure continued military effectiveness," according to a statement from the Justice Department.

"'Any court-ordered action forced upon the military services so close to the completion of this repeal policy pre-empts the deliberate process established by Congress and the President to ensure an orderly and successful transition of this significant policy change,' the department said."

Yes.  Any court-ordered action to stop gay discharges correctly pre-empts the slow-ass efforts to end discrimination against gay soldiers.  How do I read this?  Congress and the President slapping activists and advocates in the face, not to mention gays and lesbians currently seeking to serve.   

When I saw that particular headline, I expected the court to stand firm on the issue-- after all, what's the fucking point of taking a firm stance against discrimination if you're going to cave because the administration gets persnickety?  Well, I was sadly very very wrong, as the court weakened their position by saying that while currently serving servicemembers would be protected from investigation and discharge, gay applicants could continue to be turned away.

"The order from Chief Judge Alex Kozinski and Judges Kim Wardlaw and Richard Paez notes the additional information provided to the court in the government's most recent filing -- specifically, 'the declaration of Major General Steven A. Hummer, Chief of Staff of the Repeal Implementation Team of the Office of the Undersecretary of Defense for Personnel and Readiness; the representation that only one servicemember has been discharged under 10 U.S.C. § 654 since the passage of the Repeal Act; the representation that the Secretaries of the Military Departments, Chiefs of the Military Services, and Commanders of the Combatant Commands have recently submitted their written advice regarding the status of their preparation for repeal and ability to satisfy the certification standards set by Congress; and the representation that repeal certification will be presented to the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff in a matter of weeks, by the end of July or early in August.'"

9th Circuit Court Orders Government To Clarify Its Position On DADT

Last week the 9th Circuit Court ordered to the government to immediately stop its enforcement of the near-dead Don't Ask, Don't Tell policy preventing LGBTs from serving openly in the armed forces.  This week the court showed once again that they're not afraid to bust balls for equality and gave the government 10 days to defend the policy's constitutionality in court.

While the order is unsigned and it's not clear if the same three justices are the ones now giving DoJ a deadline to clarify their position, the message is clear: stop fucking around, guys.  Are you repealing this or not?

From the AP:

"The three-judge merits panel of the 9th Circuit said after reviewing briefs from both parties in the case, that it appears the United States is not prepared to defend the policy's constitutionality.

"The order was not signed by the judges and it was not known if the three jurists were the same justices who ruled last week on stopping the policy's enforcement.

"Log Cabin Republicans attorney Dan Woods said the court is forcing the government to take a stand on the issue.

"'The government has been trying to have it both ways and now the government is not going to be allowed to have it both ways anymore,' Woods said. 'The court is saying either fish or cut bait.'

"DOJ officials could not be immediately reached for comment."

I think this is a great development.  For far too long the administration and its affiliated departments have been far too unclear on its "fierce advocacy."  This move is going to force the government to come down on either side of the issue.  That said, I have no doubt that DoJ-- what with recent memos bemoaning
the government's role in oppressing gay people-- will refuse to defend the policy.  If it does, it would be a huge misstep for the administration's message as our "fierce advocate."

Pentagon Orders Halt To DADT, Welcomes Gay Recruits

In light of Wednesday's court ruling declaring DADT discharges unconstitutional, the Pentagon has ordered a moratorium on discharges for gay and lesbian soldiers and officially opened the door to prospective recruits who identify as such:

"Meanwhile, defense officials will continue to prepare for the law’s formal repeal, which Congress approved in December. The law will be formally repealed 60 days after the defense secretary and chairman of the Joint Chiefs “certify” that it will not adversely impact military readiness.

"Former Defense Secretary Robert Gates said he expected certification to occur in late July or early August.

"It remains unclear whether the Pentagon will seek to appeal Wednesday’s court ruling, which would have to go to the Supreme Court, Pentagon spokesman Marine Col. David Lapan said Friday."

I don't hardly expect DoD to appeal the ruling after this.  Momentum to full repeal has gained traction to almost be unstoppable, in my mind.

Ninth Circuit Court: Cease DADT Discharges Immediately

What better way to celebrate Leonard Matlovich's birthday?

A three judge panel today unanimously reached a decision: Don't Ask, Don't Tell discharges must stop, and they must stop immediately. Log Cabin Republicans v. United States effectively has done what the long, dragged out process of certification couldn't: stopped gay and lesbian servicemembers from separation due to their sexual orientation.

Alex and his partner, Jarrod Chlapowski

Alex Nicholson, the lead plaintiff and only veteran involved with the case, became involved with the Log Cabin Republicans' suit to end discharges when the Department of Justice attempted to make it clear LCR in no way had a stake in the matter. Evidently Nicholson's involvement was just what the case needed:

"Appellee/cross-appellant’s motion to lift this court’s November 1, 2010, order granting a stay of the district court’s judgment pending appeal is granted. In their briefs, [the United States] do[es] not contend that 10 U.S.C. § 654 is constitutional. In addition, in the context of the Defense of Marriage Act, the United States has recently taken the position that classifications based on sexual orientation should be subjected to heightened scrutiny. [The United States] state[s] that the process of repealing Section 654 is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer. The circumstances and balance of hardships have changed, and [the United States] can no longer satisfy the demanding standard for issuance of a stay."

While this is great news in and of itself, it shows that certain quiet policy changes from the top are shaking up our judicial system. For instance, one of the instances cited by the court is the case of Karen Golinski, a federal employee suing for benefits for her wife. Last weekend the DoJ indicated that DOMA itself was unconstitutional and was SUPER not interested in seeing it stick around. This is one of the ramifications. From MetroWeekly:

"Among the citations by the court is the July 1 filing in Karen Golinski's federal case seeking health insurance benefits for her wife and the related Feb. 23 letter from Attorney General Eric Holder declaring that he and President Barack Obama had decided that heightened scrutiny applies to classifications -- such as DADT.

"The judges also note that 'the process of repealing Section 654 [-- the DADT law --] is well underway, and the preponderance of the armed forces are expected to have been trained by mid-summer.' Smith echoed this fact, writing to Metro Weekly, '[I]mplementation of the DADT repeal voted by the Congress and signed in to law by the President last December is proceeding smoothly, is well underway, and certification is just weeks away.'"

Nicholson, who is the executive director of Servicemembers United, had this to say:

"With the wait for certification dragging out beyond a reasonable time frame, the Court has once again stepped in to require the Pentagon to stop enforcing 'Don't Ask, Don't Tell,' and this time it very well may be for good."

Congrats to Alex and the LCR, and thank you.