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Report finds limited difficulty in lifting ‘Don’t Ask’

Gates urges Congress to repeal ban by year’s end

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Defense Secretary Robert Gates has renewed his call for Congress to repeal "Don't Ask, Don't Tell" by the year's end. (Blade photo by Michael Key)

The Pentagon on Tuesday released its long-awaited “Don’t Ask, Don’t Tell” report — which found open service can be implemented in the armed forces with limited disruption to the military — as Defense Secretary Robert Gates renewed his call for Congress to repeal the gay ban by the year’s end.

“Now that we have completed this review, I strongly urge the Senate to pass this legislation and send it to the president for his signature before the end of this year,” Gates said during a news conference.

Gates continued that legislative repeal of “Don’t Ask, Don’t Tell” is a “matter of some urgency” because of pending litigation that could strike down the statute.

“It is only a matter of time before the federal courts are drawn once more into the fray with the very real possibility that this change would be imposed immediately by judicial fiat — by far the most disruptive and damaging scenario I can imagine,” Gates said.

Still, the defense secretary also said the military would need some time to prepare for open service even after Congress repeals the statute. Gates noted that pending legislation before Congress would end “Don’t Ask, Don’t Tell” only after he, the president and the chairman of the Joint Chiefs of Staff certify that the U.S. military is ready for repeal.

“I believe it would be unwise to push ahead with full implementation of repeal before more can be done to prepare the force — in particular, those ground combat specialties and units for what could be a disruptive and disorientating change,” Gates said.

Gates said he doesn’t know how long it would take for the U.S. military to make the changes necessary before he can certify that open service can happen in the military. Still, Gates said if Congress enacts repeal, President Obama would be “watching very closely that we don’t dawdle or try to slow-ball this.”

“I think his expectation would be that we prepare as quickly as we properly and comprehensively could, and then we’d be in a position to move toward certification,” Gates said. “But how long it would take, I don’t know.”

For the first time, Gates also expressed his personal opposition to “Don’t Ask, Don’t Tell” because the law comprises the integrity of gay service members.

“One of the things that is most important to me is personal integrity,” Gates said. “A policy or a law that in effect requires people to lie gives me a problem.”

Majority of troops don’t care about gays in military

The defense secretary made his remarks as part of his endorsement of the Pentagon report, which found little potential disruption in lifting the military’s gay ban should Congress repeal “Don’t Ask, Don’t Tell.”

Gates said the findings of the report “reflect nearly ten months of research and analysis along several lines of study” and “represent the most thorough and objective review ever of this difficult policy issue and its impact on the American military.”

Chairman of the Joint Chiefs Adm. Mike Mullen, who also took part in the news conference, said he also fully backs the report. Mullen has already testified before the Senate that supports open service in the U.S. military.

“For the first time, the chiefs and I have more than just anecdotal evidence and hearsay to inform the advice we give our civilian leaders,” Mullen said.

In the executive summary for the 256-page report, the “Don’t Ask, Don’t Tell” working group co-chairs Jeh Johnson, the Pentagon’s general counsel, and Army Gen. Carter Ham, commander of U.S. Army Europe, write that based on their findings, the risk of repeal “to overall military effectiveness is low.”

“We conclude that, while a repeal of Don’t Ask, Don’t Tell will likely, in the short term, bring about some limited and isolated disruption to unit cohesion and retention, we do not believe this disruption will be widespread or long-lasting, and can be adequately addressed by the recommendations we offer below,” Johnson and Ham write.

The report includes the results of a survey sent to 400,000 service members over the summer to solicit their views of gays serving openly in the military. According to the report, more than 115,000 of the surveys, or about 28 percent, were returned.

As earlier reported in November by the Washington Post, 70 percent of service members said alongside an openly gay person would have positive, mixed or no effect on their unit’s ability to get the job done.

The survey also found that 69 percent of respondents believe they have served alongside someone they believed to be gay. Of these respondents, 92 percent said their unit’s ability to work together was either very good, good or neither good nor poor.

Still, the survey found a significant minority who predicted negative consequences as a result of repeal — most notably in the Marine Corps.

While 30 percent of survey respondents overall had negative views on open service, around 40 to 60 percent of respondents in the Marine Corps and others in various combat arms specialties expressed concerns about serving alongside openly gay people.

During the briefing, Gates said this discontent with repeal among these groups has made the service chiefs of the Army, Air Force, Navy and Marine Corps “less sanguine” about the prospects on open service. Each of these service chiefs were set to testify on Friday before the Senate on the views on the report.

Still, Gates said the views on the combat troops on implementing open service “do not present an insurmountable barrier” to repeal of “Don’t Ask, Don’t Tell.”

“However, these findings do lead me to conclude that an abundance of care and preparation is required if we are to avoid a disruptive and potentially dangerous impact on the performance of those serving at the tip of the spear in America’s wars,” Gates said.

Implementing open service

Accompanying the larger report is an 87-page support plan to guide implementation of open service in the U.S. military. The guide emphasizes that the key implementation message for successful repeal is “leadership-professionalism-respect.”

For leadership, the guide states that leaders in the chain of command must set the example for open service. For professionalism, the guide advises leaders to remind service members of their obligations and oath to defend the U.S. Constitution. For respect, the guide states that unit strength derives from treating other service members with respect.

The report also notably states the building separate rooming quarters for gay and straight service members won’t be appropriate for implementing open service.

“Building separate facilities would create divisions within units and inappropriately isolate a portion of the force,” the support plan states.

In March, former Marine Corps Commandant Gen. James Conway has raised the idea of separate quarters when he said they might be necessary in his service as a result of open service. The Marine Corps is unique among other services because Marines bunk together on base in the same room.

Despite the recommendation against building separate quarters, Johnson said during the Tuesday news conference that commanding officers may be able to make different housing arrangements from service members as result of open service in some circumstances.

“We’re noting that commanders should retain the discretion on an individualized case-by-case basis to address concerns, particular concerns about privacy,” Johnson said. “And this is discretion they have right now. If a service member has a particular concern about an issue with privacy or can’t get along with someone with whom he’s been assigned a room, a commander has discretion to deal with that.”

The guide also makes recommendations for partner benefits for gays serving in the military. Ham said if “Don’t Ask, Don’t Tell” is repealed, the U.S. military would only to continue to observe federally recognized marriages, which would be in accordance with the Defense of Marriage Act.

Still, Ham said a repeal of “Don’t Ask, Don’t Tell” would mean the same-sex partners of service members would be entitled to hospital visitation rights and death benefits.

“With regard to the hospital visits and death gratuities and the like, if the law is repealed, then we believe that are a number of benefits to which servicemembers are entitled that are servicemember-designated,” Ham said. “And we believe that the examples that you offer would likely fall into that category.”

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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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