National
YEAR IN REVIEW: ‘Don’t Ask’ repeal is year’s top story
Rollercoaster fight ends with Obama’s signature
The passage of legislation to end the 17-year-old ban on service by open gays in the U.S. military after a year-long fight makes the “Don’t Ask, Don’t Tell” saga the story of the year for 2010.
Throughout the course of the year, supporters of “Don’t Ask, Don’t Tell” repeal endured a rollercoaster ride during which many observers predicted efforts to lift the military’s gay ban would end in failure.
In January, President Obama set up the path for repeal in his State of the Union address.
“This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are,” Obama said. “It’s the right thing to do.”
Efforts to repeal “Don’t Ask, Don’t Tell” got a significant boost in February during a Senate Armed Services Committee hearing when Chairman of the Joint Chiefs of Staff Adm. Mike Mullen announced that he personally supports the service of openly gay people in the U.S. military.
“It is my personal belief that allowing gays and lesbians to serve openly would be the right thing to do,” Mullen said. “No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.”
Mullen’s support for ending “Don’t Ask, Don’t Tell” is seen by many as the lynchpin that ultimately led to repeal of the law because he is an authoritative voice in the military and was seen as outside the influence of LGBT advocates.
During the same hearing, Defense Secretary Robert Gates unveiled plans to establish a Pentagon working group study of “Don’t Ask, Don’t Tell” that would determine the best way to implement repeal of the law should Congress should take action. Gates appointed Jeh Johnson, the Pentagon’s general counsel, and Gen. Carter Ham, commander of U.S. Army Europe, as co-chairs of the working group, and directed them to produce a study by Dec. 1.
At the same hearing, U.S. senators opposed to “Don’t Ask, Don’t Tell” repeal expressed consternation over plans to move forward and Mullen’s declared support for allowing gays to serve openly in the armed forces.
Sen. John McCain (R-Ariz.) said he was “deeply disappointed” by Gates’ statement and the defense secretary’s plans to move forward with a study to determine how to implement repeal of “Don’t Ask, Don’t Tell” as opposed to whether it should be repealed.
As the study on implementing an end to “Don’t Ask, Don’t Tell” was underway, those seeking to end the law made plans to pass a repeal of the law as part of major defense budget legislation pending before Congress as part of the fiscal year 2011 defense authorization bill. In 1993, “Don’t Ask, Don’t Tell” was enacted into law as part of the defense authorization bill and LGBT advocates believed attaching a measure as part of defense spending legislation would bolster chances for success of repeal.
But the path to passage of repeal encountered a significant roadblock in April when Gates wrote a letter to Congress saying he’s “strongly opposed” to any legislative change to “Don’t Ask, Don’t Tell” before the Pentagon study is complete.
Many thought Gates had doomed any chances for legislative repeal of “Don’t Ask, Don’t Tell.” But repeal advocates came forth with a compromise measure that would institute an end to the law only after the Pentagon report was finished and the president, defense secretary and chairman of the Joint Chiefs of Staff certify that the U.S. military is ready.
The White House and Pentagon issued statements saying pursuing legislation after the Pentagon study is complete would be the ideal way to address repeal, but that they could support the proposed compromise legislation.
In May, the House attached the repeal measure as part of the defense authorization bill as an amendment by a vote of 234-194 before approving the legislation as a whole. On the same day, the Senate Armed Services Committee did the same to its version of the bill before reporting it out to the Senate floor.
On the House floor, Rep. Patrick Murphy (D-Pa.), an Iraq war veteran and the sponsor of repeal legislation, urged his colleagues to approve an end to the military’s gay ban.
Following the votes, the prospects for “Don’t Ask, Don’t Tell” repeal seemed bright. But the efforts to move forward with the legislation were stymied as the Senate didn’t take up the measure for months. In July, McCain objected to a motion to proceed to the defense authorization bill upon lawmakers’ return from August recess.
In September, Senate Majority Leader Harry Reid (D-Nev.) file cloture to proceed on the defense authorization bill regardless of the objections from any other senator.
At first, many LGBT advocates were confident that 60 votes were present in the U.S. Senate to proceed to defense legislation over McCain’s objection. But this support began to crumble away as many U.S. senators said they disapproved of the limited number of amendments that would be allowed.
On the Senate floor, Sen. Susan Collins (R-Maine), who voted for the repeal amendment in committee, was among those expressing discontent over the procedural conditions for the defense authorization.
The motion to proceed on the defense authorization bill failed 56-43, four votes short of the 60 votes necessary to proceed with the legislation. Reid pledged to bring up the legislation again, but the bill’s fate was uncertain.
When Republicans took control of the House in the November elections, it became clear that Congress needed to act before the end of the year.
With the legislative route to ending “Don’t Ask, Don’t Tell” in limbo, another route to end the military’s gay ban opened up in September when a California federal court ruled that the law was unconstitutional in the case of Log Cabin Republicans v. United States.
In October, U.S. District Court Judge Virginia Phillips affirmed her earlier ruling by issuing an injunction enjoining the U.S. government from the enforcement of “Don’t Ask, Don’t Tell.”
The U.S. Justice Department appealed the decision to the U.S. Ninth Circuit Court of Appeals and asked for a stay in the injunction, arguing that the Pentagon needs time to implement a repeal of the law.
On Oct. 21, the Ninth Circuit granted the stay in the injunction, ending the eight-day period in which gays could serve openly in the U.S. military.
But the court action put increased pressure on Congress to repeal “Don’t Ask, Don’t Tell” before the year was out. White House Press Secretary Robert Gibbs maintained Congress should repeal “Don’t Ask, Don’t Tell” legislatively before the courts strike down the statute to provide the Pentagon more wiggle-room with implementation.
Efforts to repeal “Don’t Ask, Don’t Tell” received another significant boost on Nov. 30 when the Pentagon finally released its study and found that repeal could be implemented with low risk to the armed forces over the long term.
The 256-page report included the results of survey sent out to 400,000 service members regarding openly gay people in the U.S. military. Of the more than 115,000 who responded, 70 percent said they believed repeal would have a positive, mixed or no effect on a unit’s ability to get the job done.
Hopes were high that with the Pentagon report, the Senate would be able to move forward with the defense authorization and “Don’t Ask, Don’t Tell” repeal. But those hopes were dashed on Dec. 9 when a motion to proceed on the defense authorization bill failed 57-40.
Immediately following the vote, Sen. Joseph Lieberman (I-Conn.) and Collins called a news conference and announced they would introduce stand-alone “Don’t Ask, Don’t Tell” legislation — a move seen by many as a “Hail Mary” pass to make repeal happen before the end of the year.
With limited time remaining in the lame duck session, the U.S. House on Dec. 15 approved “Don’t Ask, Don’t Tell” yet again as a standalone measure by a vote 250-175. The move enabled the House to send the legislation to the Senate as “privileged” bill, shaving off the first 30 hours of debate that would have otherwise been needed in the Senate.
After the Senate approved the extension of the Bush-era tax cuts, repeal advocates became optimistic that 60 votes were present to support the legislation as Sens. Scott Brown (R-Mass.), Lisa Murkowski (R-Alaska), Olympia Snowe (R-Maine) signaled they would support repeal.
On Dec. 18, repeal advocates finally cleared the last major hurdle for “Don’t Ask, Don’t Tell” when the Senate invoked cloture on the legislation by a vote of 63-33. On the same day, the Senate agreed to final passage of the bill by a vote of 65-31.
LGBT advocates heralded the Senate vote — the first time Congress has approved a pro-gay bill as a standalone measure — as an unprecedented accomplishment for LGBT Americans.
President Obama brought to a close on Dec. 22 the legislative journey to end “Don’t Ask, Don’t Tell” when he signed the repeal legislation into law.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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