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‘Don’t Ask’ changes too late for discharged officer

Revisions would have enabled gay man to stay in Air Force

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Mike Almy, a former Air Force officer, is among the plaintiffs seeking reinstatement in the military through the new 'Don't Ask' legislation (Blade photo by Michael Key).

New regulations unveiled last week to ease the burden of LGBT service members serving under “Don’t Ask, Don’t Tell” were well received by advocacy groups — but a former Air Force officer discharged under the law called news of the changes “bittersweet” because they came too late to help him.

Mike Almy, a gay former Air Force communications officer who recently testified before the Senate on being discharged under “Don’t Ask, Don’t Tell,” said the new changes would have helped him stay in the service when he faced expulsion from the U.S. military.

“On a personal level, it’s kind of bittersweet from the standpoint that these regulations, this new guidance would have helped me a few years ago when I was going through my discharge proceedings,” Almy said. “In all likelihood, I would still be on active duty under the new guidance that Gates issued.”

Almy was discharged from the Air Force after another service member discovered personal e-mails revealing information about his sexual orientation and reported them to commanders. Almy said he was expelled from the Air Force even though he never made a statement to the military divulging he’s gay.

Even though Almy said he’s disappointed the new regulations weren’t in place to help him at the time of his proceedings, he noted that on a larger scale, the changes represent “a positive step” forward that provides more momentum for a full repeal of “Don’t Ask, Don’t Tell.”

“It’s still not a substitute, but it’s a definitely a move in the right direction, and it’s going to help thousands of service members who are in the military today,” he said.

The new changes, unveiled last week by Defense Secretary Robert Gates, will limit third-party outings by requiring such information to be given under oath, and raise the rank of the officers handling inquiries and discharges.

Almy said the new regulations will have a “direct bearing” on many LGBT service members he knows on active duty.

“The ones that I know that are still on active duty that are still serving — they’re very encouraged by the first initial step as well as the climate overall and the momentum that’s going on in the House and the Senate, and certainly the Pentagon, to fully repeal ‘Don’t Ask, Don’t Tell,’” he said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization is still examining the implications of the changes and what they mean for LGBT service members.

“It’s premature to say until we complete our legal analysis,” he said. “I think it will be helpful for some service members. It will reduce the number of investigations and, therefore, it will, in all likelihood, reduce the number of discharges.”

Sarvis said he wasn’t yet in a position to quantify how discharges would be reduced under the new regulations, but he noted that fewer people would face “Don’t Ask, Don’t Tell” discharges.

Among the issues SLDN is examining, Sarvis said, is what will happen in pending cases where a service member was outed by a third party under the old regulations, and subsequently announced their sexual orientation of their own accord.

“I would imagine in many cases that service members who are in the pipeline for discharge under the old regulations and the old [Department of Defense] directives, in essence, would have the opportunity to start over again,” he said. “In many cases, we know it’ll go back to their commanders.”

As SLDN examines the changes, Sarvis said his organization plans to publish this week new guidance for LGBT service members serving under “Don’t Ask, Don’t Tell.” He said SLDN has received numerous inquiries from active duty and reserve service members regarding the new regulations.

Among those serving who are pleased with the changes is a gay U.S. Army soldier currently in Iraq, who spoke to DC Agenda on condition of anonymity to avoid being discharged under “Don’t Ask, Don’t Tell.”

The soldier, who has been seeing a psychotherapist in part because of the stress of serving under “Don’t Ask, Don’t Tell,” said the new change allowing LGBT service members to disclose their sexual orientation to mental health experts would be particularly beneficial for him.

During his therapy sessions, the soldier said he had been dodging questions about his sexual orientation, or even unrelated matters that he thought may have outed him under the law. But with the new regulations in place, the soldier said he plans to come out to his psychotherapist in an upcoming session.

“In my particular instance, it’s the fact that I can talk about more than just any problems that I’m having at work or any problems that I’m having at home,” he said. “I can talk about issues that I’m having with my ex-boyfriend — and just identity issues. It just takes off a lot of stress because you can discuss more without having to censor yourself.”

The soldier said he also thinks Gates’ decision to raise the rank of those starting and conducting inquiries under “Don’t Ask, Don’t Tell” was “a remarkably ingenious way” to limit discharges.

“It makes it virtually un-enforceable, except for cases where disclosure would be unprofessional anyway,” the soldier said. “Generals [and] admirals have far more important things to do than worry about whether Private John Smith, or Lt. Jane Doe, are homosexual.”

Another case on which the new regulations could have an impact is the pending discharge of Lt. Col. Victor Fehrenbach, an Air Force pilot who’s facing discharge under the law.

In 2008, Fehrenbach was accused of raping another man and was only able to clear his name after saying he had consensual sex with his accuser. But his admission of having homosexual sex meant outing himself under “Don’t Ask, Don’t Tell.”

Sarvis said he doesn’t think Fehrenbach is moving toward discharge as a result of the new announcement.

“But I think in all likelihood, his file should go back to the [the commanding officer] and the [commanding officer] will make a determination on whether or not to reinitiate the ‘Don’t Ask, Don’t Tell’ investigation,” Sarvis said. “Without going into a great deal of detail, we think that there may be more than one avenue that will be beneficial for Lt. Col. Fehrenbach under the changes announced by Secretary Gates last week.”

Sarvis said SLDN has advised Fehrenbach not to engage in further media interviews while his case is pending.

What affect the new regulations will have on efforts to repeal “Don’t Ask, Don’t Tell” legislatively remains to be seen. Sarvis said the new regulations could “work both ways” in the effort to repeal, leading some members of Congress to say the situation has been addressed and others to say discharges must be reduced to zero.

“One side will say, ‘What’s the rush? Why should Congress have to deal with this? Secretary Gates and Adm. Mullen just announced some significant changes?” Sarvis said. “And the flip side of that is, ‘OK, they’ve made some changes, but you still have the statute on the books. You’re not getting down to zero discharges because of sexual orientation until you repeal the statute.”

Sarvis said that full repeal is necessary to eliminate completely the discharges of LGBT service members.

“The most important thing is ‘Don’t Ask, Don’t Tell’ has not gone away,” he said. “Service members are still at risk and LGBT service members cannot serve openly under ‘Don’t Ask, Don’t Tell.’”

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.” 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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