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Obama AWOL on ‘Don’t Ask’ repeal?

Activists turn up heat on president to act

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Army Lt. Dan Choi and five other LGBT veterans handcuffed themselves to the White House fence Tuesday in protest of ‘Don’t Ask, Don’t Tell,’ echoing a similar protest staged one month earlier. (DC Agenda photo by Michael Key)

As activists and lobbyists continue to press for repeal of “Don’t Ask, Don’t Tell,” some are losing patience with President Obama and moderate Democrats in Congress.

Obama was heckled at a fundraiser on Monday and a group of six former LGBT service members chained themselves to the White House fence this week to protest what they view as slow progress in overturning the law.

Meanwhile, the Human Rights Campaign and other advocates are working to push six key senators to support repeal of “Don’t Ask, Don’t Tell” this year.

Moderate senators from six states — Florida, Indiana, Massachusetts, Nebraska, Virginia and West Virginia — are the targets of HRC’s grassroots campaign. The renewed push to win their support comes as the Senate Armed Services Committee is poised to tackle the issue May 26 when it takes up the Defense authorization bill.

Allison Herwitt, HRC’s legislative director, said the grassroots effort is being coordinated by about two dozen field workers and includes postcards, phone calls, district office visits, op-ed placements and other media coverage.

“We’re also, where we can, working with some grasstops folks to weigh in with senators, and it’s an ongoing process,” she said.

Marty Rouse, HRC’s national field director, said the campaign builds on the organization’s earlier efforts such as the Voices of Honor tour and involves “identifying and mobilizing veterans” to contact senators and participate in the joint Lobby Day between HRC and Servicemembers United on May 11.

Servicemembers United Executive Director Alex Nicholson said his organization is identifying veterans with HRC’s membership and bringing in new veterans not connected to any organization to advocate for repeal.

“We’re basically setting up a number of events in each of these states with vets to talk about ‘Don’t Ask, Don’t Tell’ to get the issue to the local media,” he said.

But even with this campaign underway, senators from these six states aren’t yet committed to voting for repeal. Many are saying they want to hear the results of the Pentagon study on “Don’t Ask, Don’t Tell,” which is due Dec. 1, before taking action. The mandate of the study, as established by Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, is to examine how the U.S. armed services would implement open service should Congress repeal the ban.

One such senator waiting for the study results is Jim Webb (D-Va.). Asked by DC Agenda on Tuesday whether he favors repeal, Webb emphasized his support for the review currently underway.

“I think what Secretary Gates and Adm. Mullen proposed in terms of the study is very important,” Webb said. “We need to understand that. I support the approach that they’re taking. It’s responsible.”

Pressed on how he would vote on an amendment during the defense authorization markup, Webb reiterated his support for the working group and replied, “I think we need to honor the process that Secretary Gates and Adm. Mullen have put in motion.”

Holding a similar position is Sen. Bill Nelson (D-Fla.). In a statement, Nelson spokesperson Grant Schnell said the senator is interested in the results of the study.

“Sen. Nelson’s inclined to support repeal of the “Don’t Ask, Don’t Tell” policy, but wants to see the study Secretary Gates announced of how this would impact the military,” Schnell said.

Also refraining from endorsing repeal was Sen. Evan Bayh (D-Ind.). In a statement, Bayh said he’s “committed to ensuring that our troops are treated with the respect they have earned through their selfless service” and that his personal belief is “those who are willing to take a bullet for their country ought to be able to serve it openly.”

“However, President Obama is absolutely right to solicit the input and support of his top military commanders about the effects of repealing the ‘Don’t Ask, Don’t Tell’ policy,” Bayh said. “I will make a final decision after receiving the input of our top commanders.”

The offices of Sens. Robert Byrd (D-W.V.), Scott Brown (R-Mass.) and Ben Nelson (D-Neb.) didn’t respond to DC Agenda’s request for comment.

Asked about the progress in moving these senators to support repeal, Herwitt said the campaign is “a work in progress” and that many lawmakers typically hold out on announcing support for pro-LGBT legislation until just before it comes to a vote.

“You always have that last handful of House members or senators that you’re really looking to secure support from, and they’re typically the ones that don’t declare early,” she said.

Rouse noted that there’s a “significant presence” of mobilized efforts to repeal “Don’t Ask, Don’t Tell” in the six states where HRC is working to influence senators.

“If you talk [with] any leaders or politically engaged people in these six states, I think they would acknowledge that there has been significant movement across the states in support of ending ‘Don’t Ask, Don’t Tell,’” Rouse said.

Nicholson also said “it’s really too early” to tell whether the effort will be successful in moving moderate senators to vote for repeal.

“With these swing vote senators, they’re not going to make up their minds until the last minute, and [then only if they] absolutely have to,” he said. “If they’re not forced to take the vote, I don’t think they’re going to take the risk of coming out one way or the other.”

Still, Nicholson said he’s seen evidence of these senators noticing the campaign’s efforts in their states, citing Nebraska as an example where increased media coverage of “Don’t Ask, Don’t Tell” has come to the attention of Ben Nelson’s staff.

Nicholson said he’s heard members of Ben Nelson’s staff have taken the initiative in conversations with other staff members on Capitol Hill to mention an uptick in newspaper stories coming from Omaha, Neb., and Lincoln, Neb., on “Don’t Ask, Don’t Tell.”

“What we do know right now, what we are able to see, is that it’s being noticed — that’s for sure,” Nicholson said.

‘Within a vote or two’

But with votes from these key senators still in play, it remains to be seen whether there will be sufficient votes in the Senate Armed Services Committee to advance repeal.

During a press event Tuesday, Sen. Mark Udall (D-Colo.), a strong proponent of repeal in the Senate, was optimistic about having enough support, noting that “we’re very close” and “we’re within a vote or two.”

“There are certainly a number of senators on [the Democratic] side that are on record as wanting to overturn ‘Don’t Ask, Don’t Tell,’ and there are some who have not made their intentions clear,” Udall said.

Among Republicans, Udall said Sen. Susan Collins (R-Maine), a moderate who often supports LGBT civil rights bills, has “expressed an interest in overturning ‘Don’t Ask, Don’t Tell.’”

Nicholson estimated that a vote now in the Senate Armed Services Committee to repeal “Don’t Ask, Don’t Tell” would have a 25 to 50 percent chance of succeeding without further intervention from the administration.

“I think that Bayh and Bill Nelson are ‘lean yeses,’” Nicholson said. “They’re undecideds, but they’re undecideds leaning towards ‘yes.’”

One factor that would be seen as a tremendous boon — and perhaps even essential — to moving key senators to support repeal is an explicit endorsement from President Obama to attach an end to “Don’t Ask, Don’t Tell” to the upcoming Defense authorization bill.

But the White House and the Pentagon have not come forward with an explicit endorsement of repeal this year. In response to a query from DC Agenda during a press briefing last month, Gates said he doesn’t recommend a change in the law until the Defense Department completes its study implementing open service and that he thinks the president is comfortable with this process.

On Monday, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, wrote a letter to Obama urging him to come out for repeal. Sarvis said he’s concerned about “multiple reports” that the president’s congressional liaison team “is urging some members of Congress to avoid a vote on repeal this year.”

Among those noticing a lack of support from the Obama administration to repeal “Don’t Ask, Don’t Tell” at this time is Senate Armed Services Committee Chairman Carl Levin (D-Mich.). Asked by DC Agenda on Tuesday what the White House and the Pentagon are saying they want from lawmakers on “Don’t Ask, Don’t Tell,” Levin replied, “Let them complete the analysis.”

During his press event, Udall called for a stronger voice from Obama. While acknowledging the president made clear in January during his State of the Union address that he wants to work to repeal “Don’t Ask, Don’t Tell,” Udall said he wants to see and hear more from Obama on the issue.

“The White House has, in the State of the Union address, made it clear they want to repeal ‘Don’t Ask, Don’t Tell,’” Udall said. “The timing they continue to leave up to the Congress. That’s why I think it will be very useful if the president weighed in and said that this year is the year to finish the job.”

Anger with Obama for failing to endorse immediate repeal led protesters to interrupt the president’s speech Monday at a Los Angeles fundraising event for Sen. Barbara Boxer (D-Calif.).

In another protest, six LGBT veterans handcuffed themselves to the gates of the White House on Tuesday in protest over “Don’t Ask, Don’t Tell” and were subsequently arrested. Among the demonstrators were Lt. Dan Choi and Capt. Jim Pietrangelo, who were arrested last month after handcuffing themselves to the White House fence in a similar protest.

In a statement, Choi said he and other LGBT veterans participated in the action out of concern that the president is wavering on his commitment to push for ending “Don’t Ask, Don’t Tell.”

“We are handcuffing ourselves to the White House gates once again to demand that President Obama show leadership on repealing ‘Don’t Ask, Don’t Tell,’” Choi said. “If the president were serious about keeping his promise to repeal this year, he would put the repeal language in his Defense authorization budget.”

Following the protest in Los Angeles, White House Deputy Press Secretary Dan Burton wouldn’t say in response to a reporter’s question aboard Air Force One whether Obama supports repeal at this time. Instead, Burton emphasized that “a tremendous amount of progress” has been made on the issue.

“This is a policy that’s been in place for quite a long time, and as we’ve seen on other issues, change is hard,” he said. “But that said, what we’ve seen is the Chairman of the Joint Chiefs of Staff and the Secretary of Defense both come out in support of this change, and we’re moving with as much speed as possible to see that it’s done.”

Nicholson said he doesn’t think it’s possible to move senators to vote for an immediate repeal bill without more support from the president. But he noted a bill with delayed implementation, as Servicemembers United previously recommended, is possible.

“I think that’s the best chance we have for getting this because it’s the only thing consistent with what the Pentagon wants and it’s the only … middle ground between what the Pentagon says they want and what we are willing to give up and accept,” Nicholson said.

Nicholson said the repeal legislation currently before the Senate isn’t a delayed implementation bill because it calls for an immediate cessation of discharges while allowing the Pentagon working group to complete its study.

Regardless of the positions of the White House and Pentagon, Herwitt said HRC and other advocates are working to make repeal happen this year in the hopes of moving moderate senators to vote for repeal.

“I think that we are going to continue to push and advocate for these senators’ votes,” she said. “The president said in the State of the Union address that he will work with Congress this year and we are continuing to push forward.”

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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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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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Indiana

Drag queen announces run for mayor of Ind. city

Branden Blaettne seeking Fort Wayne’s top office

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Branden Blaettner being interviewed by a local television station during last year’s Pride month. (WANE screenshot)

In a Facebook post Tuesday, a local drag personality announced he was running for the office of mayor once held by the late Fort Wayne Mayor Tom Henry, who died last month just a few months into his fifth term.

Henry was recently diagnosed with late-stage stomach cancer and experienced an emergency that landed him in hospice care. He died shortly after.

WPTA, a local television station, reported that Fort Wayne resident Branden Blaettne, whose drag name is Della Licious, confirmed he filed paperwork to be one of the candidates seeking to finish out the fifth term of the late mayor.

Blaettner, who is a community organizer, told WPTA he doesn’t want to “get Fort Wayne back on track,” but rather keep the momentum started by Henry going while giving a platform to the disenfranchised groups in the community. Blaettner said he doesn’t think his local fame as a drag queen will hold him back.

“It’s easy to have a platform when you wear platform heels,” Blaettner told WPTA. “The status quo has left a lot of people out in the cold — both figuratively and literally,” Blaettner added.

The Indiana Capital Chronicle reported that state Rep. Phil GiaQuinta, who has led the Indiana House Democratic caucus since 2018, has added his name to a growing list of Fort Wayne politicos who want to be the city’s next mayor. A caucus of precinct committee persons will choose the new mayor.

According to the Fort Wayne Journal Gazette, the deadline for residents to file candidacy was 10:30 a.m. on Wednesday. A town hall with the candidates is scheduled for 6 p.m. on Thursday at Franklin School Park. The caucus is set for 10:30 a.m. on April 20 at the Lincoln Financial Event Center at Parkview Field.

At least six candidates so far have announced they will run in the caucus. They include Branden Blaettne, GiaQuinta, City Councilwoman Michelle Chambers, City Councilwoman Sharon Tucker, former city- and county-council candidate Palermo Galindo, and 2023 Democratic primary mayoral candidate Jorge Fernandez.

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