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Texas Nat’l Guard agrees to process same-sex partner benefits

State initially refused to provide military ID cards to gay spouses

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Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard
Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard

Alicia Butler (left) and Judith Cedville with daugher, Jordan, were denied benefits from Texas Military Forces (Photo courtesy of Alicia Butler).

After initially resisting a Pentagon directive to enroll the same-sex spouses of troops into benefit programs, the Texas National Guard announced on Tuesday that it has come to an agreement that will allow its facilities to process these applications for gay service members.

In a statement on Tuesday, Texas Military Forces said the Defense Department has approved a new procedure in which the Pentagon will provide federal personnel, funding and the use of federal personnel systems to enroll the spouses of all troops — gay and straight — into the benefit system.

According to Texas Military Forces, which comprises the state’s national guard, this agreement resolves the conflict of the edict from Defense Secretary Chuck Hagel saying spousal benefits should be available to gay troops everywhere and Texas’ state constitutional amendment banning same-sex marriage.

“We look forward to having the ability to process the benefits our service members and their families are entitled to,” said Lt. Col. Joanne MacGregor, the state public affairs officer.

Although Hagel said spousal benefits for gay troops, including health, pension and housing benefits, should be available nationwide in August following the Supreme Court decision against Section 3 of the Defense of Marriage Act, Texas initially refused to process applications to grant the same-sex spouses of troops a military ID card, citing state law barring same-sex marriage.

After other states, including Oklahoma, Louisiana and Mississippi, made similar announcements, Hagel issued a second edict saying he’s directed the National Guard Bureau to ensure states comply, threatening unspecified consequences if they continued to refuse.

Jennifer Atkinson, a Texas National Guard spokesperson, confirmed that same-sex couples are now able to apply for spousal benefits at installations within the state.

“Couples can now apply at Texas bases — including Camp Mabry,” Atkinson said. “Since the Department of Defense (DoD) directed the enrollment of same-sex spouses effective Sept. 3, 2013, we have worked diligently with the Pentagon and the National Guard Bureau to find a solution that would allow us to follow Texas state law while adhering to DoD policy.”

Atkinson later clarified that same-sex couples can apply for benefits at all installations with Real-Time Automated Personnel Identification Systems.

A defense official, speaking on condition of anonymity, said the agreement only applies to Texas and not other states that are still holding out. Still, the official said the Pentagon views the decision as welcome news.

According to the National Guard Bureau, the decision from Texas to acquiesce means Mississippi, Georgia and Louisiana are the only states that have yet to comply.

On Nov. 7, Oklahoma announced that its state-run national guard facilities are getting out of the business of processing benefits altogether and are directing everyone — gay and straight — to federally-run installations within the state. However, Oklahoma isn’t considered a non-compliant state.

Following the announcement, Alicia Butler, a lesbian who was earlier blocked from enrolling into the benefits system with her spouse, First Lt. Judith Chedville, re-applied for those benefits at Camp Mabry later on Wednesday and received her military ID.

“I am so pleased to have this spousal ID card and begin to access a range of benefits,” Butler said in a statement. “My wife served our country and our family needs support like all military families.”

Lambda Legal, which had represented Butler and wrote a letter calling on Texas Military Forces to reverse its earlier decision to block enrollment, praised the change.

“We are thrilled for Alicia and Judith who just wanted to take steps, like all military families, to access critical support networks and benefits provided to families of service members,” said Lambda Legal Staff Attorney Paul Castillo. “Texas Military Forces implements a host of federal benefits programs for all National Guard units in the state and it should be no different for married same-sex couples.”

An LGBT advocate, also speaking on condition of anonymity, said the purported change announced by the Texas Military Forces is a “crock” because federal funds and systems were already being used to enroll spouses in the Defense Enrollment Eligibility Reporting System. The announced change, the advocate said, is a way for Texas Military Forces to save face as it acquiesced to the Pentagon’s demands.

After issuing a statement Tuesday evening criticizing the Texas National Guard for adopting a system similar to Oklahoma’s, the American Military Partners Association issued a second statement Wednesday praising the move, saying they since received clarification on the decision.

“We applaud the Texas Military Forces for changing course and the Department of Defense for making sure this issue is resolved in Texas,” said AMPA President Stephen Peters. “All military spouses, regardless of orientation or gender, deserve to treated with the same dignity, respect, and support for their sacrifices in support of our nation, no matter what state they serve in. We urge the remaining states who have not yet complied with Department of Defense policy to do so quickly and affirm their commitment to all military families.”

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

“Accessing mental health care and support has become increasingly difficult in nearly every state in the country,” said Butler, who is the first Black LGBTQ senator. “Barriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

“Mental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.” 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayor honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ‘vital work’

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

“Whereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,” the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for “Black LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.”

It also praises Team Rayceen Productions for its partnership with the Mayor’s Office of LGBTQ Affairs in helping to produce “exciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.”

“Whereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,” the proclamation continues.

“Now, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,” it concludes.

“We thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,” Team Rayceen Productions says in a statement. “Starting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayor’s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nation’s Capital,” the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade – as online co-hosts, event staff, performers, DJs, photographers, and more,” says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows “derisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that “it is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on “text, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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