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‘Don’t Ask, Don’t Tell’ is gone

After 18 years, military’s gay ban sent to history books

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The anti-gay law that for 18 years has prevented openly gay people from serving in the U.S. military is today finally lifted from the books and cast in the dustbin of history.

Under the law, which came to be known as “Don’t Ask, Don’t Tell,” an estimated 14,346 service members were discharged from the armed forces because of their sexual orientation. The gay ban was officially removed from the books at 12:01 am.

“Don’t Ask, Don’t Tell” has been lifted thanks to repeal legislation President Obama signed in December. But before repeal could take effect, the law required Obama and Pentagon leaders send certification to Congress.

On July 22, Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen certified the U.S. military was ready for repeal, starting the 60-day period leading to today when the ban has finally come to an end.

The Washington Blade obtained statements that reflect on the end to “Don’t Ask, Don’t Tell” from Obama, LGBT advocates and lawmakers who were involved in the repeal process:

PRESIDENT OBAMA

“Today, the discriminatory law known as ‘Don’t Ask, Don’t Tell’ is finally and formally repealed. As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love. As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members. And today, as Commander in Chief, I want those who were discharged under this law to know that your country deeply values your service.”

“I was proud to sign the Repeal Act into law last December because I knew that it would enhance our national security, increase our military readiness, and bring us closer to the principles of equality and fairness that define us as Americans. Today’s achievement is a tribute to all the patriots who fought and marched for change; to Members of Congress, from both parties, who voted for repeal; to our civilian and military leaders who ensured a smooth transition; and to the professionalism of our men and women in uniform who showed that they were ready to move forward together, as one team, to meet the missions we ask of them.”

“For more than two centuries, we have worked to extend America’s promise to all our citizens. Our armed forces have been both a mirror and a catalyst of that progress, and our troops, including gays and lesbians, have given their lives to defend the freedoms and liberties that we cherish as Americans. Today, every American can be proud that we have taken another great step toward keeping our military the finest in the world and toward fulfilling our nation’s founding ideals.”

LGBT ADVOCATES

Joe Solmonese, president of the Human Rights Campaign:

“[Today] is a historic day for gay and lesbian service members and our nation as a whole. ‘Don’t Ask, Don’t Tell’ was a stain on our nation — not only did it damage our military readiness and national security, but it sent a message that discrimination based upon sexual orientation was acceptable. We know that not to be the case — discrimination accomplishes nothing and tears at the fabric of our country’s strength.”

“Beginning [today], gay and lesbian service members previously discharged under [‘Don’t Ask, Don’t Tell’] will have the opportunity to re-enlist. Gay and lesbian Americans eager to serve the country but not willing to compromise who they are as individuals will, for the first time ever, be able to openly join. And brave men and women currently serving will have the freedom to come out and be honest with their comrades about who they are and who they love.”

“Despite this progress, much work remains to ensure full equality in the military. The so-called Defense of Marriage Act will prohibit gay and lesbian service members and their spouses from receiving many of the benefits their straight counterparts receive. Limiting regulations also impact areas like military family housing, access to legal services, and spousal relocation support. We also are continuing to deal with an infrastructure ill-prepared to handle incidents of discrimination and harassment against gay and lesbian service members. It is incumbent upon fair-minded legislators to continue pushing equality forward by standing up to discriminatory legislative tactics, pushing for repeal of DOMA, examining barriers to service for qualified and dedicated transgender Americans, and ensuring gay and lesbian military families get the same access to benefits as everyone else.”

“This was a hard-fought victory, and supporters of equality should feel proud. But we cannot lose sight of the challenges that remain — from passing the Employment Non-Discrimination Act to bar employment discrimination in every workplace, to bringing an end to DOMA through the Respect for Marriage Act, and to combatting anti-gay activities and rhetoric from political leaders and hate groups. This is indeed a historic moment, but we remain focused on the work ahead.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network:

“Today marks the official end of ‘Don’t Ask, Don’t Tell’ and is an historic milestone along the journey to achieving full LGBT equality in America’s military. Thanks to you — the veterans, active duty, leaders, allies and supporters who have fought so long and hard — this is a monumental day for our service members and our nation. Indeed, we have taken a tremendous leap forward for LGBT equality in the military.

“Our work is far from done, but today we pay tribute to the service and sacrifice of our patriots as we look forward to a new era of military service — one that honors the contributions of all qualified Americans who have served and wish to serve.”

Alex Nicholson, executive director of Servicemembers United:

“On March 15, 1778 the first American servicemember was drummed out of the military for being gay. Since then, tens of thousands more have had their careers ruined and their lives turned upside down by a succession of anti-gay polices and regulations, culminating in the codification of an anti-gay statute in 1993 with the passage of the ‘Don’t Ask, Don’t Tell’ law. In all, 14,346 men and women were discharged pursuant ‘Don’t Ask Don’t Tell.’ But thanks to the persistent hard work of unwavering advocates, especially those who have been directly impacted by this issue, and some courageous politicians over the past six years, ‘Don’t Ask, Don’t Tell’ is now history. As a result, those who continue to serve can sleep easier tonight knowing that they can no longer be arbitrarily fired because of their sexual orientation. Justice has prevailed and ‘Don’t Ask, Don’t Tell’ is dead. God bless America.”

Robin McGehee, director of GetEQUAL, which is organizing a “Day of Discontent” of rallies pushing for further LGBT rights in more than a dozen cities on the day “Don’t Ask, Don’t Tell” is lifted:

“It has taken 17 years of hard work to remove this discriminatory policy, and still our community faces discrimination and intolerance on a daily basis that this one important victory won’t fix. [Today’s] collaborative effort by LGBT organizers across this nation will show lawmakers that we will not be content until we have full federal equality in all matters governed by civil law. We cannot and will not accept anything less — for ourselves, our families and our communities.”

Josh Seefried, an active duty Air Force officer and co-director of OutServe, an organization of actively serving LGBT military personnel (under “Don’t Ask, Don’t Tell,” Seefried went by J.D. Smith to avoid being outed under the law):

“I feel privileged and honored to serve during this time in our nation’s history. This change in policy has not only made our military stronger, but America stronger. I’m proud to serve in the United States Air Force and proud of the fact gay service members can now do their job with their integrity intact.”

Rea Carey, executive director of the National Gay & Lesbian Task Force:

“Today marks the end of an ugly era in American history. After nearly two decades, lesbian, gay and bisexual service members will finally be able to serve their country openly and honestly. Those who fight for freedom will now themselves be able to live more freely. We celebrate this historic moment, which could not come fast enough. Thousands of exemplary and courageous service members have lost their careers and livelihoods to this unjust policy, once again proving there are very personal and costly consequences of discrimination.

“While we observe this tremendous, hard-fought victory for lesbian, gay and bisexual service members, we recognize the journey is not over. Transgender service members are still being forced to serve in silence. This is unacceptable. All qualified, patriotic Americans willing to risk their lives for this country should be able to do so free from discrimination. In addition, the military still lacks explicit nondiscrimination protections, equal benefits and an inclusive equal opportunity policy for LGBT people. We will continue to work toward the day when full inclusion is a reality in the military.”

U.S. LAWMAKERS

House Minority Leader Nancy Pelosi (D-Calif.)

“With the long-overdue end of the discriminatory ‘Don’t Ask, Don’t Tell’ policy, our nation will finally close the door on a fundamental unfairness for gays and lesbians, and indeed affirm equality for all Americans. When the Democratic majorities in the House and Senate took action last year to end this wrongheaded policy, we reaffirmed the core American principle that anyone who wishes to serve, secure, and defend this country must be judged by their abilities and honored for their dedication and sacrifice.”

“For those gays and lesbians discharged unfairly, including those who seek re-accession, we must correct their paperwork so that it properly reflects their service. We must continue efforts to repeal the discriminatory Defense of Marriage Act, but in the meantime, I urge the Obama Administration to investigate opportunities to extend the same support and benefits to all our troops and their families. We cannot allow there to be two classes of service members in our military — those who receive benefits for their families and those who do not.

“This landmark progress comes after the President, the Chairman of the Joint Chiefs of Staff, and the Secretary of Defense have all certified that repeal will not hurt military readiness or unit cohesion.”

“America is the land of the free and the home of the brave because of our men and women in uniform. And [today], we honor their service by recommitting to the values that they fight for on the battlefield.”

Senate Majority Leader Harry Reid (D-Nev.)

“Today marks the end of a shameful and counterproductive policy that needlessly destroyed careers and harmed our military readiness. Thousands of qualified men and women who want to serve our country will now be able to do so without fearing their careers could end due to their sexual orientation. Our armed forces will be stronger because now our military commanders and our nation can be sure we will have the best and brightest service members on the job, regardless of ethnicity, creed or sexual orientation.”

Senate Armed Services Committee Chair Carl Levin (D-Mich.):

“Beginning Tuesday, thousands of brave American service members will be able to serve the country they love without concealing part of their identity. They will no longer have to lie in order to help protect us. The end of ‘Don’t Ask, Don’t Tell’ is an important victory not just for equality, but integrity. And this victory will come without harming our military’s readiness or effectiveness. I applaud the military and civilian leaders throughout the Department of Defense who have helped us to adopt this historic change.”

Sen. Susan Collins (R-Maine), original co-sponsor of the Senate repeal legislation:

“Today represents an historic change for our military and our country. Today, for the first time in our history, we welcome the service of any qualified individual who is willing and capable of serving our country. Today, we will no longer dismiss brave, dedicated, and skilled service men and women simply because they are gay. The repeal of ‘Don’t Ask, Don’t Tell’ is a victory for our national security, and our values, and it strengthens the ranks of our military.”

Sen. Mark Udall (D-Colo.)

“Today is a great day for our national security. Repealing [‘Don’t Ask, Don’t Tell’] will strengthen our military by allowing it to attract our nation’s best talent, regardless of whom they love. The service members who will come out today are the same soldiers, sailors, airmen and Marines they were yesterday — the only thing that has changed is that they can now be honest and open about who they are.”

“Countless young men and women in uniform — gay and straight — have told me that in combat, sexual orientation, race, religion and gender simply don’t matter.  Our military leaders were given the time and flexibility to study and implement repeal — they say they’re ready, our troops are ready, and I’m incredibly proud that we’re finally closing the book on ‘Don’t Ask, Don’t Tell’ and putting it where it belongs — the dustbin of history.”

Watch Udall’s video commemorating the end to “Don’t Ask, Don’t Tell” here:

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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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