News
All nat’l guards now compliant with Hagel edict on same-sex benefits
Mississippi stopped holding out on post-DOMA policy this week
All state national guards are now compliant with an edict from Defense Secretary Chuck Hagel requiring them to processing spousal benefit applications for troops in same-sex marriages, according to the Pentagon.
In a statement provided to the Washington Blade, Hagel confirmed that all gay service members can apply for military IDs for their spouses at military installations throughout the country.
“Following consultations between the National Guard Bureau and the Adjutants General of the states, all eligible service members, dependents and retirees ā including same-sex spouses ā are now able to obtain ID cards in every state,” Hagel said.
A defense official, speaking on condition of anonymity, said Mississippi, the last remaining hold-out state, came on board sometime this week, although the official didn’t have an exact date for when that happened. The official said Mississippi is adopting a policy similar to Texas, Louisiana and Georgia, which are placing state workers on federal status to process same-sex benefit applications.
In the aftermath of the Supreme Court ruling against Section 3 of the Defense of Marriage Act, Hagel announced military spousal benefits ā including health, pension and housing benefits ā will become available to gay troops.
However, certain state national guards, such as Texas, Oklahoma and Mississippi, refused to process the spousal benefits applications from gay troops, citing state constitutional amendments banning same-sex marriage. During an Anti-Defamation League meeting in October, said each of these states must comply and he directed National Guard Bureau Chief Gen. Frank Grass to find a way to bring them on board.
One by one, the state national guards announced they would comply with the policy. Texas Military Forces, which had been the first state to announce it wouldn’t process the benefits, announced last month it would come on board. Louisiana, Georgia and Mississippi later followed suit.
“All military spouses and families sacrifice on behalf of our country,” Hagel concluded. “They deserve our respect and the benefits they are entitled to under the law. All of DoD is committed to pursuing equal opportunities for all who serve this nation, and I will continue to work to ensure our men and women in uniform as well as their families have full and equal access to the benefits they deserve.”
Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization helped in the effort to encourage state national guards to process same-sex benefits by writing letters to the Pentagon as well as governors in Mississippi, Oklahoma, Louisiana, South Carolina and Texas.
“In the end, itās Secretary of Defense Chuck Hagel who deserves credit for taking decisive action,” Sainz said. “Hagel delivered a speech in late October in which he demanded that these state national guard outposts heed federal law and Department of Defense policy or risk punitive action. That demand has now produced results all across the country.”
Ian Thompson, legislative representative of the American Civil Liberties Union, noted his organization petitioned Hagel to ensure these states comply with federal policy and called the latest news a welcome development.
āThis is a welcome announcement, and one that Secretary Hagel deserves credit for making happen,” Thompson said. “The resistance on the part of some governors on extending these benefits to same-sex couplesĀ was a grossly unfair violation of federal law thatĀ Ā turned the promise of equal treatment for all military personnel on its head.”
Although all states are now considered compliant, Oklahoma, Florida and South Carolina are conforming to the Hagel edict by directing all spousal benefit applicants ā gay and straight ā away from state-run installations to federal facilities within those states to avoid conflict between state law and federal policy. These states moved all their ID card machines to federal installations, so they’re still processing benefits at full capacity.
Stephen Peters, president of the American Military Partners Association, commended Hagel for ensuring each state national guard is compliant with his edict on same-sex benefits, but said additional action is necessary.
“We applaud the administration and Secretary Hagel for seeing thisĀ issue through and ensuring all state national guards are compliant,” Peter said.Ā “However, our military families serving in non-marriage equality states still face discouraging challenges because of the discrimination and exclusion by state governments. We look forward to the day when our military families are treated equally in all 50 states of our nation.”
Maryland
Montgomery County police chief discusses arrest of trans student charged with planned school shooting
County executive tells news conference studentās trans identity is irrelevant to criminal charge
Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.
In charging documents and in a press released issued on April 18, Montgomery CountyĀ PoliceĀ identified the arrested student as āAndrea Ye, of Rockville, whose preferred name is Alex Ye.ā
One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Yeās threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about asĀ aĀ character in a 129-page manifesto outlining plans for a schoolĀ shooting. Police have said Ye told them theĀ manifestoĀ was a fictional story he planned to publish. Ā
At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a ābiological female.ā
County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to āadmit that this individual was transgender.ā
āBecause itās not a lead,ā Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is āa white Christian male whoās heterosexual.ā Elrich stated, āNo, you donāt ā You never publish somebodyās sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. Itās not a news story. It is not a crime to be transgender.ā
The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.
In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Yeās manifestoĀ appearingĀ to make threats of a mass school shooting.
āNow, this is a situation that highlights the critical importance of vigilance and community involvement in preventing potential tragedies,ā Jones said. āI commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation, the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,ā he told the gathering.
āThanks to their swift action and cooperation a potentially catastrophic event was prevented,ā Jones said.
Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing mental health services.
āBut this case is different,ā Jones said. āThis case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspectāsĀ manifestoĀ to the authorities. This underscores the value of community engagement and the āsee something say somethingā approach,ā he said.
Jones mentioned at the press conference that Ye was being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.
In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.
In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:
“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”
Federal Government
Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations
New rules to take effect Aug. 1
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.
āThese regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,ā 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.”
āWe 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.
“Todayās 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.”
Maryland
Rockville teen charged with plotting school shooting after FBI finds āmanifestoā
Alex Ye charged with threats of mass violence
BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.
Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.
The rest of this article can be found on the Baltimore Banner’s website.
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