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Recalling 1993, activists prepare for ‘Don’t Ask’ repeal push

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Activists are ramping up efforts this year to push for repeal of “Don’t Ask, Don’t Tell” while remembering that similar optimism in 1993 on lifting the ban on gays serving openly led to the law’s creation.

Last week, President Obama affirmed his commitment during the State of the Union address to repealing “Don’t Ask, Don’t Tell,” noting that he’d work this year with Congress and military leaders to end the law. His announcement brought new life to the issue in the mainstream media and among activist groups.

But amid this activity, the shadow of what took place in 1993, when LGBT advocates had similar optimism about lifting the ban, is influencing the work that’s happening today.

When former President Bill Clinton took office 17 years ago, advocates expected him to fulfill his campaign pledge to end the ban preventing gays from serving in the military. Since there was no federal law on the issue at the time, the only step required to end the ban was administrative action.

But resistance from Congress — particularly from then-Senate Armed Services Committee Chairman Sam Nunn — and opposition from military leaders such as then-Chairman of the Joint Chiefs of Staff Gen. Colin Powell thwarted Clinton’s efforts to end the ban.

The result was the 1993 law that came to be known as “Don’t Ask, Don’t Tell,” which at the time was billed as a compromise because it would ostensibly allow gays to serve in the U.S. military provided they didn’t disclose their sexual orientation.

Many activists have said Clinton was unable to fulfill his promise to end the ban because the LGBT community didn’t provide him with sufficient political cover to accomplish his goal.

Clinton also holds this view. After gay activist Lane Hudson questioned him on the matter last year during the Netroots Nation conference, Clinton told an audience of bloggers that advocates in 1993 “couldn’t deliver” support in the Congress needed to administratively end the ban.

David Smith, vice president of programs for the Human Rights Campaign, in 1993 was communications director for the Campaign for Military Service, a group that worked to help guide Clinton’s efforts to repeal the ban. While acknowledging LGBT activists made some possible missteps at the time, Smith told DC Agenda that a number of obstacles contributed to the creation of “Don’t Ask, Don’t Tell,” not just deficiencies from activists.

“You had a very exuberant, politically naïve community combined with a politically naïve new president, a Democratic-controlled Congress that wasn’t all that enthusiastic about lifting the ban, and you had a Republican minority in Congress that was dying to regain the majority and inflict political harm on the new president and the Democratic Congress,” Smith said.

Smith said the LGBT community might have fared better if the issue had come up later in Clinton’s term as opposed to soon after he took office.

“In retrospect, I think if the community would have waited a year or two to better understand military resistance and understand congressional resistance, and mapped out a plan, Congress wouldn’t have been so quick to impose a law, and there might have been a different path,” Smith said.

Nathaniel Frank, author of “Unfriendly Fire” and research fellow at the Palm Center, a think-tank on gays in the military at the University of California, Santa Barbara, was similarly reluctant to ascribe the failure of lifting the ban in 1993 solely to shortcomings from the LGBT community.

“Yes, the gay community could have done more if it was bigger, more organized, better funded,” Frank said. “Political leaders need the pressure of constituents to help them get done what they need to get done, but I think that President Clinton there was really evading responsibility.”

Learning from mistakes

Whatever responsibility LGBT supporters had in creating “Don’t Ask, Don’t Tell,” activists this year are learning from mistakes made at that time to support Obama in his goal of repealing the law.

Smith said one of the lessons learned from 1993 on repeal is to make tactical decisions after thoughtful planning. He noted that his organization has been “quietly pressing for action” for months on this issue in Congress and in the administration.

A more public campaign, Smith said, will launch soon and target states with lawmakers who would be key to overturning “Don’t Ask, Don’t Tell.” Smith estimated the campaign would cost more than $2 million and would involve grassroots and grasstops efforts as well as earned and paid media.

“It’s very targeted, but again it’s still unclear exactly how this is going to unfold and it could go in any number of directions,” Smith said. “We need to be ready to deal with whatever direction it does go in to make sure the ultimate outcome is what we all expect.”

Smith declined to comment on which states HRC would target in its campaign or what the comment of earned and paid media, saying that such information needed to remain confidential for tactical reasons.

Alex Nicholson, executive director of Servicemembers United, said his organization also is ramping up efforts amid the greater push to repeal “Don’t Ask, Don’t Tell.”

“We always hoped it would happen sooner rather than later, but I think it’s definitely been a surprise that the president has decided to include this issue in the State of the Union and to move forward on this quickly,” Nicholson said. “So we’re obviously trying to rapidly expand our capacity, roll out a number of campaigns and initiatives that we wanted to get underway.”

Nicholson said Servicemembers United has been getting numerous media calls and has been identifying LGBT service members and veterans to respond to those requests. He also noted that his organization is trying to identify high-ranking retired military members who are straight and support allowing gays to serve openly.

Additionally, Nicholson said organizations opposed to “Don’t Ask, Don’t Tell” are having a larger number of collaborative meetings and working to “share information, share intelligence, share resources, work together more closely.”

But the lessons learned from 1993 are hanging over all efforts to repeal the law this year. Frank said advocates of repealing “Don’t Ask, Don’t Tell” should keep in mind the arguments that opponents of gays in the military used then in the new push for overturning the law.

“The first thing that gay advocates should do is understand the history of the tactics the people used the last time — the fear tactics, the delay tactics, the dishonesty, the slippery slope arguments — making this much scarier and complicated than it really is,” Frank said.

Frank also cautioned against underestimating the vehemence with which opponents of gays in the military will defend the status quo.

“The religious right has been somewhat quiet on social issues in the last year and the media have been quiet on social issues,” Frank said. “They haven’t been as big, but make no mistake, they’ll come roaring back, so it’s important not to underestimate the vehemence of homophobia and the strength of the opposition to reform in military or religious circles.”

Still, Frank said advocates should be ready to differentiate between those who have “genuine anxiety” about what the change means for the U.S. military and those who are expressing concern simply to block repeal.

While it’s unclear what opponents of repeal are planning this year, Smith said HRC is anticipating the traditional faces — such as Elaine Donnelly of the Center for Military Readiness and Tony Perkins of the Family Research Council — to “get in their TV makeup” to build opposition to repealing the law.

Familiar arguments

Opponents of gays in the military are starting to emerge with familiar arguments that were often used in 1993.

Following Obama’s State of the Union address, Sen. John McCain (R-Ariz), who’s quickly becoming the primary opponent of any “Don’t Ask, Don’t Tell” repeal in the U.S. Senate, issued a statement in support of current policy.

McCain noted that “we have the best trained, best equipped, and most professional force in the history of our country,” suggesting that ending the ban on gays serving openly would be detrimental to unit cohesion and take away from the U.S. military’s standing in the world.

Jarrod Chlapowksi, a gay U.S. Army veteran who supports HRC in its Voices of Honor tour, said “there’s a ton of ways” for supporters of repeal to approach McCain’s argument.

“The unit cohesion argument has been disproven numerous times,” he said. “We have the example of Israel. I don’t think anyone would say Israel has a weak military by any means, and that tends to be a pretty strong example. But there really is nothing supporting McCain’s position that this would be detrimental to unit cohesion.”

Another frequently used argument against allowing gays to serve in the military that could emerge again is concern about whether straight service members would be comfortable using shared shower facilities with gay troops.

But Chlapowksi said that concern can be allayed by noting that gay service members are already showering with straight troops and the change in policy hasn’t been shown to be disruptive in other countries.

“We already share showers, we already share foxholes, we already share barracks,” he said. “The only change is that you know who’s gay and who’s not. The reality is that’s not going to cause someone to go crazy and to make an exodus of troops.”

Even with the experience of 1993 looming over activists, much has changed in 17 years. Recent polls consistently show that a majority of the public supports repeal, and have even found that a majority of conservatives favor allowing gays to serve openly.

Smith said opponents of gays of military could thus have the issue backfire on them if they handle it incorrectly.

“The country is facing economic hardship, two wars — and if Republicans spend a lot of time trying to create political animosity around this issue, it could backfire on them big time,” Smith said. “But our opposition is not to be underestimated.”

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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