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Defense leaders support open service

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Adm. Michael Mullen (DC Agenda photo by Michael Key)

Top Pentagon leaders announced Tuesday their support for allowing gays, lesbians and bisexuals to serve openly in the U.S. military while unveiling new plans for a working group that will examine the impact of such a change in the armed forces.

Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen made the remarks in the first Senate hearing in 17 years dedicated to the issue of gays in the military.

Mullen told the Senate Armed Services Committee that he favors allowing gays to serve openly as a matter of fairness for those who are serving in the armed forces.

ā€œSpeaking for myself, and myself only, it is my personal belief that allowing gays and lesbians to serve openly is the right thing to do,ā€ Mullen said. ā€œNo matter how I look at this issue, I cannot escape ā€¦ the fact that we have in place a policy that forces young men and women to lie about who they are in order to defend their fellow citizens.ā€

Gates similarly expressed support for ending ā€œDonā€™t Ask, Donā€™t Tell,ā€ noting President Obamaā€™s last week restated his commitment to repealing the law in his State of the Union address.

ā€œI fully support the presidentā€™s decision,ā€ he said. ā€œThe question before us is not whether the military decides to makes this change, but how we best prepare for it. We have received our orders from the commander-in-chief and we are moving out accordingly.ā€

Mullen and Gatesā€™ support for allowing gays to serve in the U.S. military stands in stark contrast to how military leaders in 1993 opposed open service and favored ā€œDonā€™t Ask, Donā€™t Tell.ā€

The Senate panel received Mullen and Gatesā€™ endorsement of allowing gays to serve openly in the U.S. military with mixed reactions ā€” with those opposing ā€œDonā€™t Ask, Donā€™t Tellā€ applauding them and those supporting the policy expressing their discontent.

Sen. John McCain (R-Ariz.), ranking Republican on the committee and strong proponent of ā€œDonā€™t Ask, Donā€™t Tell,ā€ said he was ā€œdeeply disappointedā€ with Gatesā€™ testimony and said it showed his bias on the issue.

ā€œIt would be far more appropriate, I say with great respect, to determine whether repeal of this law is appropriate and what the effects it would have on the readiness and the effectiveness of the military before deciding on whether we should repeal the law or not,ā€ he said.

Sen. Jeff Sessions (R-Ala.) noted Mullen only came out in favor of allowing open service after Obama announced his intent to repeal ā€œDonā€™t Ask, Donā€™t Tell,ā€ suggesting Mullen was taking that position to fall in line with his superior.

Sessions said Mullenā€™s position would interfere with his subordinatesā€™ ability to evaluate ā€œDonā€™t Ask, Donā€™t Tellā€ and the implication of its repeal.

ā€œI guess, if it was a trial, we would perhaps raise the undue command influence defense flag,ā€ Sessions said.

But Senate Armed Services Committee Chairman Carl Levin (D-Mich.) came to the defense of Mullen, saying the admiral was showing leadership and acting as required by a Senate-confirmed nominee by expressing his personal opinion.

ā€œIt was clear to me and, I think, clear to most of us that you think this is a view that you hold in your conscience and not given to us because you were directed to by anybody, including the commander-in-chief,ā€ Levin said.

Gates and Mullen expressed support for a change in policy while at the same time highlighting the importance of a new Pentagon working group that would examine the issue.

Mullen said he didnā€™t know fully what impact ending ā€œDonā€™t Ask, Donā€™t Tellā€ would have throughout the armed forces ā€” especially in a time of two wars ā€” and said further investigation would bring to light those implications.

ā€œThat there will be legal, social and perhaps even infrastructure changes to be made certainly seems plausible,ā€ Mullen said. ā€œWe would all like to have a better handle on these types of concerns.ā€

Gates unveiled new plans for a working group that he said would examine the implications of ending ā€œDonā€™t Ask, Donā€™t Tell.ā€ By the end of this year, the group is charged with producing recommendations in the form of an implementation plan in the event Congress decides to repeal the statute.

Defense Department General Counsel Jeh Jonson and Gen. Carter Ham, commander of U.S. Army Europe, have been chosen to lead this working group, Gates said.

The working group, Gates said, would be charged with reaching out to the force to understand their views about repeal, examining changes in regulations and policy that need to be made and looking at the potential impact of a change in law on military readiness.

To supplement the efforts of this working group, Gates said the Pentagon will ask the RAND Corp. to update its 1993 study on the impact of allowing gays to serve in the military, which at the time found that open service wouldnā€™t be detrimental to the U.S. military.

In addition to the working group, Gates said heā€™s directed the Pentagon to review the regulations used to implement ā€œDonā€™t Ask, Donā€™t Tellā€ and, within 45 days, present recommendations that could be applied under existing law to ā€œenforce this policy in a more humane and fair manner.ā€

ā€œYou may recall that I asked the Departmentā€™s general counsel to conduct a preliminary review of this matter last year,ā€ Gates said. ā€œBased on that preliminary review, we believe that we have a degree of latitude within the existing law to change our internal procedures in a manner that is more appropriate and fair to our men and women in uniform.ā€

While the recommendations arenā€™t yet complete, Gates said the Pentagon is considering a number of options that could allow for greater latitude on discharging gay service members under current law.

Gates said itā€™s possible to change implementation of current law by raising the rank of officers who are authorized to either initiate or conduct inquiries under ā€œDonā€™t Ask, Donā€™t Tell.ā€ He also said officials can ā€œraise the barā€ on what is considered credible information or who is considered a credible source to start an inquiry on a service member.

ā€œOverall, we can reduce the instances in which the service member who is trying to serve the country honorably is outed by a third-person with the motive to harm the service member,ā€ Gates said.

Many LGBT activists praised Gates and Mullen for coming out in favor of allowing gays to serve openly in the U.S. military and working to adjust the rules for discharges. Still, activists maintain that full repeal is still necessary.

Lt. Dan Choi, a gay U.S. Army infantry soldier whoā€™s facing discharge after publicly coming out last year, told DC Agenda after the hearing that ā€œthere will be some impactā€ by the interim changes proposed by Gates, but said itā€™s ā€œmissing the point.ā€

ā€œWhen you still have people that are lying about who they are, you havenā€™t solved the root of the problem,ā€ Choi said. ā€œā€˜Donā€™t Ask, Donā€™t Tellā€™ is the establishment of a closeted policy, and I donā€™t think that anybody has to be closeted in our military.ā€

Lawmakers considering ā€˜Donā€™t Askā€™ moratorium

Gatesā€™ announcement on the formation of a new working group raises questions about whether Congress will act this year to repeal the law or instead wait until the working group completes its review.

Levin suggested he may include language that would change ā€œDonā€™t Ask, Donā€™t Tellā€ in the upcoming defense authorization bill.

After Sen. Joseph Lieberman (I-Conn.) made a comment that senators need to find 60 votes to pass repeal legislation, Levin replied, ā€œUnless thereā€™s a provision in the defense authorization bill that goes to the floor, which would then require an amendment to strike it from the bill, in which case, the 60-vote rule would be turning the other way.ā€

Following the hearing, Levin told reporters that itā€™s possible to include in the defense authorization bill a moratorium on ā€œDonā€™t Ask, Donā€™t Tellā€ that would be in place until the Pentagon completes its study.

ā€œIf we throw a moratorium on it, then what I consider to be a slow pace then would be more practical,ā€ he said.

Asked whether heā€™s ruled out actual repeal in the defense authorization bill in favor of a moratorium, Levin replied, ā€œI havenā€™t ruled anything out.ā€

Also foreseeing the possibility of repeal this year is Sen. Kirsten Gillibrand (D-N.Y.), one of the most vocal proponents in Congress of overturning ā€œDonā€™t Ask, Donā€™t Tell.ā€

After the hearing, she told reporters she doesnā€™t think the time Gates is asking for review ā€œwill affect legislative progressā€ and that ā€œwe can actually write the bill and pass the bill now.ā€

ā€œI think all that Adm. Mullen and Secretary Gates were saying is that they want to have a sensitivity to the impact it will have on the military and their families, and to have input in order to decide how to best to implement a policy change,ā€ she said. ā€œSo, if they need to take time to do that, thatā€™s fine and appropriate, but it doesnā€™t mean we canā€™t pass the repeal now, which is important to move forward on this.ā€

Gillibrand said she would support the inclusion of a moratorium in the defense authorization bill this year in addition to efforts for outright repeal. She said she thinks there are 60 votes in the Senate for full repeal and recalled how she considered a moratorium amendment last year on ā€œDonā€™t Ask, Donā€™t Tellā€ that she ultimately didnā€™t introduce.

ā€œWhen I did my bill on moratorium [and] I counted the votes, the only undecided Democrats at that time said their reasons were they wanted to see leadership in the military, or wanted to see leadership from the president,ā€ she said. ā€œAnd I think what this hearing brings us is leadership on both.ā€

But Christopher Neff, deputy executive director of the Palm Center, a think-tank on gays in the military at the University of California, Santa Barbara, was pessimistic about the chances of passing legislation to address ā€œDonā€™t Ask, Donā€™t Tellā€ this year.

He said the Pentagonā€™s establishment of a working group would make Congress reluctant to take action until the results of its study are known.

ā€œI think that it would be anticipated that many legislators will be waiting to hear what comes out of the study groupā€™s report at the end of the year,ā€ Neff said. ā€œI think that there are enough questions that are being raised that, I think, would be difficult without this study report.ā€

Whatever effort Congress takes in moving toward repeal this year, lawmakers are set to hear more testimony on ā€œDonā€™t Ask, Donā€™t Tellā€ in later hearings.

Levin told reporters the Senate Armed Services Committee would revisit the issue of gays in the military Feb. 11 and will hear from an ā€œoutside panelā€ of expert witnesses.

He also said he expects senators to ask questions on ā€œDonā€™t Ask, Donā€™t Tellā€ when the service chiefs and service secretaries testify before Congress this month on the presidentā€™s budget request.

On the House said, Rep. Susan Davis (D-Calif.), chair of the House Armed Services personnel subcommittee, has scheduled a hearing on ā€œDonā€™t Ask, Donā€™t Tellā€ in March that will follow up on previous testimony the subcommittee heard in 2008.

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedictā€™s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: ā€œFrom the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.ā€

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedictā€™s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

ā€œAs our community continues to grieve and remember Nex, itā€™s clearer than ever that everyone from Oklahomaā€™s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examinerā€™s office failed to deliver justice for Nex Benedict and Nexā€™s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nexā€™s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,ā€ McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; ā€œTodayā€™s news is the latest disappointing development in Nex Benedictā€™s tragic story. The best way to honor Nexā€™s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.ā€

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedictā€™s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month agoĀ calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

ā€œSince Nexā€™s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. Itā€™s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “Itā€™s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nexā€™s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.ā€

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nexā€™s death. Our hearts remain with Nexā€™s family, with Oklahomaā€™s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.ā€

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

ā€œThe full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nexā€™s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. Whatā€™s clear from Nexā€™s death, and from what weā€™ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahomaā€™s kids actively foster the hostile environment that makes students unsafe.

The release of todayā€™s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.ā€

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRCā€™s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedictā€™s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I canā€™t help but feel a sickness around all of it. As a trans person, reading a trans childā€™s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations ā€“ an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

ā€œFrom restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,ā€ said Heng-Lehtinen. ā€œTRANSform the Vote presents a historical moment for us to empower our community ā€” casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.ā€

Finke, Minnesotaā€™s first openly trans lawmaker who wrote the stateā€™s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, weā€™ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia ā€œLiishā€ Kozlowski, who is one of the countryā€™s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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