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Lieberman unveils Senate ‘Don’t Ask’ repeal legislation

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Sen. Joseph Lieberman (I-Conn.) is optimistic about repeal "Don't Ask, Don't Tell" in lame duck. (Blade photo by Michael Key).

U.S. Sen. Joseph Lieberman (I-Conn.) introduced a bill Wednesday to repeal “Don’t Ask, Don’t Tell,” all the while acknowledging Congress may have to settle with a moratorium as legislative action this year as opposed to outright repeal.

Lieberman touted the legislation — the first Senate bill introduced to repeal “Don’t Ask, Don’t Tell” — during a press conference on Capitol Hill.

“This legislation will repeal the current policy of discrimination based on sexual orientation in America’s armed forces and offer in its place a policy of equal opportunity to serve and defend our country,” he said.

The Military Readiness Enhancement Act of 2010 would repeal the 1993 law barring gay, lesbian and bisexual people from open service in the U.S. military and put a non-discrimination policy in its place.

To accomplish repeal, the bill would require the Pentagon working group considering “Don’t Ask, Don’t Tell” to submit recommendations on how to best repeal the law to Defense Secretary Robert Gates no later than 270 days after the bill is enacted.

Additionally, the bill would require Gates to issue regulations to enact the bill within 60 days of receipt of the working group’s report, and it requires the secretary of each military department to revise regulations as needed no later than 60 days after that.

Kevin Nix, spokesperson for the Servicemembers Legal Defense Network, said the Senate bill is identical to House legislation, sponsored by Rep. Patrick Murphy (D-Pa.), except the Senate bill gives the Pentagon a longer time for implementation.

“This bill reflects the fact that the military wants some time to do the best transition possible to open service,” Nix said.

The Senate bill has 11 eleven co-sponsors. Many appeared at the press conference with Lieberman, including Senate Armed Services Committee Chairman Carl Levin (D-Mich.), Sen. Mark Udall (D-Colo.), Sen. Roland Burris (D-Ill.), Sen. Ron Wyden (D-Ore.) and Sen. Kirsten Gillibrand (D-N.Y.).

Levin said he’s been opponent of “Don’t Ask, Don’t Tell” since before it was enacted into law in 1993.

“It diminishes our readiness, it diminishes our strength, it denies us, robs us of the men and women to the defense of our country,” he said.

To follow up on the hearing that took place last month, Levin said he’ll hold another hearing on gays in the military March 18 with an outside panel of experts.

Burris, who’s black, called the introduction of the legislation a “very personal issue of basic fairness,” recalling how his family members were once only allowed restricted roles in the U.S. military.

“For all their skills, all their talents, their intelligence and their valor, they were forced to chose between two or three roles when they were in the service: working as a cook, or digging ditches or driving trucks,” Burris said. “That memory is especially crisp as I stand here today to bring an end to this discriminatory policy.”

Gillibrand vilified “Don’t Ask, Don’t Tell” for what she said was its extremely harmful impact on the U.S. military.

“This policy is one of the most corrosive, destructive policies to the strength of our armed services, to our military readiness, to our national security and to the morale of our troops,” she said.

Gillibrand said “Don’t Ask, Don’t Tell” was particularly detrimental for women in the armed services.

She said women represent 17 percent of the armed services, but more than one-third of all dismissals, including more than one-half in the Army, are female.

Absent among the co-sponsors is any Republican senator. Despite this initial lack of GOP support, Lieberman said he anticipates Republican support for the legislation as it moves forward.

“I believe we’re going to have some Republican support in this,” he said. “There’s a core group that is openly — that is actively concerned.”

While touting the standalone legislation, Lieberman and Levin said the defense authorization bill would be the most likely legislative vehicle to advance repeal.

The lawmakers also said that if they can’t find the votes this year to overturn “Don’t Ask, Don’t Tell,” they would instead try to enact a moratorium on discharges.

During the markup for the defense authorization bill in May, Lieberman said the committee would try for a vote in the Senate Armed Services Committee first on repeal, and if that’s unsuccessful, committee members would pursue a moratorium.

“We’re going to try for a full repeal,” Lieberman said. “If the votes aren’t there in committee or on the floor, a moratorium, I think, is a good interim step and I’ll certainly be open to it.”

But Nix said his organization is still pushing for outright repeal this year as opposed to a moratorium.

“I think it’s premature to talk about the moratorium because we have, as the chairman said, until May to really focus on full repeal, so let’s try to do that first,” Nix said.

In a statement, Joe Solmonese, president of the Human Rights Campaign, heralded the introduction of Lieberman’s bill as “continuing the momentum to repeal ‘Don’t Ask, Don’t Tell’ this year.”

“His introduction of the Military Readiness Enhancement Act of 2010 is a bold, patriotic move that will long be remembered as key to removing the stain of the discriminatory ‘Don’t Ask, Don’t Tell’ law from the U.S. code,” he said.

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3 Comments

  1. Peter the Saint

    March 3, 2010 at 6:46 pm

    Has anyone ever met with Lieberman and discussed DADT? I’d be interested in hearing what you heard him say… I assume it was probably a non-committal “I wish I could help you, but, you know, there’s nothing I can do.” Yet now he’s out in front “leading” this train. And with HRC annointing him The Patriot Who Will Go Down In History As… Wow, I’m not against the guy, I just wish… well…

    Like Senator Bunning: I applaud him! Yeah, just for getting our attention again, to remind Americans that these Senators and Reps spend $2 for every $1 they take in – Dem or Repub. But he only acted when he was being forced out, never when he was in a position of active authority (when it would have been truly courageous). Showing yet again that our Senate and House appear to NEVER be a place of “active” integrity – that’s barely an afterthought. If it is thought of at all.

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N.C. lieutenant governor compares gays to cow feces, maggots

“If homosexuality is of God, what purpose does it serve? What does it make? What does it create? It creates nothing,” Robinson said

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North Carolina Lt. Governor Mark Robinson (Blade file photo)

WINSTON-SALEM – Speaking to parishioners at the Berean Baptist Church in Winston-Salem last Sunday, November 14, North Carolina Lt. Governor Mark Robinson attacked the LGBTQ+ community in remarks caught on the church’s livestreaming video on YouTube.

Robinson said in his sermon that he questioned the “purpose” of being gay; said heterosexual couples are “superior” to gay couples; and that he didn’t want to explain to his grandchildren why two men are kissing if they see that on television the Charlotte Observer reported.

The state’s Republican Lt. Governor then went on to compare being gay to “what the cows leave behind” as well as maggots and flies, who he said all serve a purpose in God’s creation. “If homosexuality is of God, what purpose does it serve? What does it make? What does it create? It creates nothing,” Robinson said.

Democratic lawmakers expressed their outrage on Twitter:

According to the Observer, “The video was distributed Friday by a pastor at St. John’s Metropolitan Community Church in Raleigh, the day before the Transgender Day of Remembrance. A protest rally was held Friday in front of Robinson’s office, but organizers also read the names of transgender people who have been killed.

This man’s theology and religious practices are not only flawed and a perversion of the Christian tenets; he places countless people at risk of violent attacks and even murder every time he opens his mouth,” said Vance Haywood, senior pastor at St. John’s, in a statement.

Robinson is expected to run for the governor’s chair in 2024. In another video of the sermon captured the Lt. Governor ranting in transphobic terms his opinion of the Trans community:

North Carolina Lt. Gov. Mark Robinson (Twitter Video)

Video of remarks made by North Carolina Lt. Gov. Mark Robinson courtesy of the Charlotte Observer.

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LGBTQ elder care facilities open nationwide, but discrimination persists

Advocates say seniors face challenges despite groundbreaking advances

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The Ariadne Getty Foundation Senior Housing facility opened this week in Los Angeles. (Blade file photo)

Marsha Wetzel, an out lesbian, shared her life with her partner of 30 years, Judith Kahn, at the couple’s home in Illinois until Kahn died in 2013 of colon cancer.

As is the case with some same-sex couples who never married, Kahn’s family took legal possession of the couple’s home several years later, forcing Wetzel, who suffered from severe arthritis, to move into the Glen St. Andrew Living Community, a retirement and assisted living facility in Niles, Ill.

According to a lawsuit filed on her behalf in 2016 by the LGBTQ litigation group Lambda Legal, when word got out that Wetzel was a lesbian after she disclosed her sexual orientation to a fellow resident, she was called homophobic slurs, spat on, and assaulted on several occasions by other residents of the facility. The lawsuit, which later resulted in a court ruling in Wetzel’s favor, charged that officials at the Glen St. Andrew facility illegally failed to take action to prevent Wetzel from being subjected to abuse and threats by fellow residents and retaliated against her when she complained.

Lambda Legal announced one year ago, on Nov. 20, 2020, that Wetzel passed away at the age of 73 of natural causes after a landmark 2018 appeals court ruling in her favor affirmed that residential facilities such as the one in which she lived are legally responsible for the safety of tenant residents.

“Marsha spent the rest of her days in a senior living community where she was out and affirmed,” said Lambda Legal attorney Karen Loewy, who represented Wetzel in the lawsuit.

Advocates for LGBTQ seniors were hopeful that the 2018 U.S. Court of Appeals for the Seventh Circuit ruling in the Wetzel case would speed up the gradual but steady advances in the rights of LGBTQ elders in long-term care facilities and in society in general.

A short time later, the New York City-based national LGBTQ elder advocacy group SAGE expanded its programs providing cultural competency training for the nation’s long-term care residential facilities. And in some cities, including New York, Los Angeles, and San Francisco, LGBTQ specific retirement and long-term care facilities began to open to provide LGBTQ elders with a wide range of “wrap around” services in addition to a safe place to live.

But LGBTQ elder advocates were taken aback in October of this year when news surfaced that transgender U.S. Army veteran Lisa Oakley, 68, was denied placement in more than two-dozen long-term care facilities in Colorado in 2020 and earlier this year.

“When they found out I was transgender, a lot of the facilities didn’t want me,” Oakley told USA Today. “A lot of transgender people, I’m sure, face the same thing,” she said. “We’re humans, just like everybody else.” 

Oakley told other media outlets her ordeal in trying to gain admission to a residential care facility began in October 2020, when she became unable to care for herself due to complications from diabetes. Her first choice was a facility in her hometown in rural Craig, Colo., where she had lived for the previous 25 years. She believes that facility turned her down because of her gender identity.

A social worker who assisted in Oakley’s applications for long-term care facilities said the facility in Craig said Oakley would have to be placed in a private room, which was at the time unavailable, “because she still has her ‘boy parts’ and cannot be placed with a woman” in a shared room. 

Many other Colorado facilities to which Oakley applied for admission, according to social worker Cori Martin-Crawford, cited the COVID pandemic as the reason for not accepting new residents. But as COVID related restrictions began to subside, other facilities continued to deny Oakley admission.

With Martin-Crawford’s help, Oakley finally found a facility that is LGBTQ supportive in Grand Junction, Colo., which is nearly three hours away from her hometown of Craig, where she had hoped to remain.

LGBTQ activists expressed concern that the discrimination that Oakley faced took place in the state of Colorado, which has a state law that bans discrimination based on sexual orientation and gender identity. Experts familiar with long-term care facilities for older adults have said many private elder care facilities can get around state LGBTQ nondiscrimination laws by claiming other reasons for turning down an LGBTQ person.

Michael Adams, the CEO of SAGE, told the Blade that the wide range of programs and initiatives put in place by SAGE and other groups advocating for LGBTQ elders in recent years have resulted in significant changes in support of LGBTQ seniors.

“It is the case now that in almost all states there are one or more elder care facilities that have been trained through our SAGECare program,” Adams said. “But it’s nowhere near what it needs to be,” he said. “It needs to be that there are welcoming elder care facilities in every single community in this country” for LGBTQ elders.

Adams was referring to the SAGE program started recently called SAGECare that arranges for employees and other officials at elder care facilities throughout the country to receive LGBTQ competency training. The facilities that participate in the program are designated “SAGECare credentialed,” and are included in SAGE database lists available to LGBTQ elders looking for a safe facility in which to reside.

SAGE spokesperson Christina Da Costa provided the Blade with data showing there have been 136,975 professionals trained at a total of 617 SAGECare credentialed organizations nationwide. Out of 617 organizations, 172 are residential communities. Also, out of the total of 617 are 167 Area Agencies on Aging, Aging and Disability Resource Centers, Senior Centers, and senior Ombudsman offices.

Da Costa said 278 of the credentialed entities that have received the SAGECare training throughout the country are “other aging focused nonprofit and for-profit businesses.”

According to SAGE, there are 12 SAGECare credentialed elder care facilities or service providers operating in the D.C. metropolitan area, with two located in D.C. One of the D.C. facilities is Ingleside at Rock Creek, located in Northwest D.C., which is a residential facility. The other is Options for Senior America, a company that provides in-home care services for seniors, including seniors living in D.C.

A SAGE list of the D.C.-area SAGECare credentialed facilities shows that three are in Rockville, Md.; two are in Gaithersburg, Md.; and one each are in Bethesda, Md.; Arlington, Va.; and Alexandria, Va. The list shows that one of them that provides services to elders in the D.C. area is based in North Carolina.

SAGE has a separate list of the 15 elder care residential facilities in the U.S. created specifically to serve LGBTQ residents. 

None are in D.C., Maryland, or Virginia. However, SAGE says it has been working in cooperation with Mary’s House for Older Adults, a D.C.-based LGBTQ organization that advocates for LGBTQ seniors and is in the process of opening LGBTQ elder residential facilities in D.C. and others in the surrounding suburbs.

Mary’s House founder and CEO Dr. Imani Woody couldn’t immediately be reached to determine when the organization expects to open its first residential facility. 

While a residential LGBTQ elder facility has yet to open in the D.C. area, activists note that in addition to Mary’s House, services and amenities for LGBTQ elders in the area are currently being provided by the D.C. Center for the LGBT Community and Whitman-Walker Health, the LGBTQ supportive health center, which also has a legal services branch.

Adams of SAGE said the Los Angeles LGBTQ Center opened the nation’s first LGBTQ elder residential facility over eight years ago called Triangle Square. He said the L.A. Center opened a second LGBTQ elder residential facility a short time later. And this week, the L.A. Center announced it has opened a third LGBTQ elder residential facility in Hollywood that is part of a larger “intergenerational campus” that will bring together LGBTQ seniors and LGBTQ youth. 

SAGE, meanwhile, operates two LGBTQ elder long-term care residential facilities in New York City, one in Brooklyn called the Stonewall House and one in the Bronx called Pride House. 

The other U.S. cities with LGBTQ elder residential facilities include: Philadelphia, Minneapolis, Chicago, Cleveland, San Francisco (which has two such facilities), San Diego, Houston, Fort Lauderdale, and Islip, N.Y.

Adams said the LGBTQ elder residential facilities range in size, with the largest – New York’s Stonewall House – having 143 apartments that can accommodate 200 residents. He said others vary from 40 or 50 residential units to 120.

Advocates for LGBTQ elders point to what they consider another important breakthrough for LGBTQ elders this year in the release of a joint SAGE-Human Rights Campaign Long-Term Care Equality Index report for 2021. Adams said the report is the first of what could become an annual report and rating and scorecard for long-term care elder residential facilities and other elder facilities. 

The 2021 report includes a self-reporting assessment of elder care facilities that the facilities themselves completed through a questionnaire in which many disclosed they have LGBTQ nondiscrimination policies for elders around admission to the facility and for practices by staff for those residing in their facilities.

The report includes a chart showing that 158 elder care facilities in 31 states responded positively to the outreach to them by organizers of the Long-Term Care Equality Index.

“We are thrilled to be working with SAGE and to be working with the Human Rights Campaign who are developing the Long-Term Care Equality Index,” said Nii-Quartelai Quartey, who serves as senior adviser and LGBTQ liaison for the American Association of Retired Persons or AARP.

“There is a great deal of work that we’re doing in the area of LGBTQ older adults nationwide,” Quartey told the Blade. “And AARP has been engaged with the LGBTQ community nationwide for many years now,” he said.

“In recent years, we’ve turned up the volume in working more closely with organizations like SAGE and Lambda Legal and the Victory Fund Institute, the Center for Black Equity, the National Queer Asian Pacific Islander Alliance, and the Hispanic Federation.”

According to Quartey, a recent AARP study of LGBTQ elders called Maintaining Dignity shows that longstanding concerns of discrimination remain despite the many advances in support for LGBTQ seniors in recent years.

He said a survey that was part of the study found that 67 percent of the LGBTQ elders who responded, “were concerned about neglect in a long-term care setting.” Over 60 percent feared verbal or physical harassment in a long-term care setting and over half “felt forced to hide or deny their identity” as an LGBTQ person, Quartey said.

Another recent survey of LGBTQ elders conducted by SAGE asking them how they feel about the use of the word “queer” in descriptions of LGBTQ people yielded findings that came as a surprise to some, according to Adams. A large majority of those surveyed from across the country said they are “comfortable at this point using that word and reclaiming that word, which is different from what we had heard historically,” Adams said.

He said in response to those findings SAGE will now as an organization gradually shift to using the term LGBTQ instead of its past practice of using LGBT.

Although Congress has yet to pass the Equality Act, last year under the Trump Administration, Congress acted in a rare bipartisan way to approve the required five-year reauthorization of the U.S. Older Americans Act with new language supportive of LGBTQ older adults. President Trump signed the legislation.

The language includes a mandate for outreach to and reporting about services provided to LGBTQ older adults in federally funded programs. It also opens the way for LGBTQ older adults to be designated in a category of “greatest social need.” Under that category, older adults receive a higher priority in the allocation of resources by the federal government.

“We’ve come a long way, but we still have a way to go to get over the finish line,” said the AARP’s Quartey. “And aside from passing legislation federally and on the state and local level, we absolutely need to continue the hard work of changing hearts and minds,” he said.

Longtime gay activist and writer Brian McNaught, whose latest book, “On Being Gay and Gray – Our Stories, Gifts, and the Meaning of Our Lives,” was just released, says his own very informal survey of LGBTQ elders found there is a need for intimacy that may be too controversial for the establishment LGBTQ elder groups.

“I’m a SAGE volunteer and the 81-year-old man with whom I was working after his husband of 47 years died, said after his grieving process, ‘I want to be hugged and kissed. Does that make me a bad person?’”

McNaught told the Blade he assured the man those feelings do not make him a bad person. McNaught said the man’s comment prompted him to conduct further research, in which he found that some gay male elders in the Fort Lauderdale, Fla., area who often need assisted living support would like to patronize gay bathhouses or seek the services of an escort agency. He said he determined that any LGBTQ elder group providing such services would trigger “a huge uproar of protests” and most likely a loss of funding.

“We don’t want to talk about sexuality and aging,” McNaught said.

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Former VOA director nominated to head U.S. Agency for Global Media

Previous CEO’s actions threatened LGBTQ internet freedom

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(Public domain photo)

President Biden on Monday nominated Amanda Bennett, the former head of Voice of America and Pulitzer Prize-winning author, investigative journalist and editor, to lead the U.S. Agency for Global Media.

“I am honored by this nomination,” Bennett told Voice of America. “If confirmed, I will be so proud to work with all the dedicated journalists at USAGM who are doing the critical and difficult work around the world of upholding and demonstrating the value of a free press.”

The agency operates independently from the U.S. government and oversees five different entities that include Voice of America, broadcasting platforms and the Open Technology Fund. The fund is an independent non-profit organization that focuses on advancing global internet freedom by providing internet access, digital privacy tutorials, privacy enhancement and security tools like encryption.

These tools have been integral in preserving internet freedom for LGBTQ people abroad, especially in places where it’s unsafe or illegal to be LGBTQ.

Bennett, 69, was named VOA director in 2016 and resigned from her post in June 2020 after conservative documentary filmmaker Michael Pack was confirmed as the agency’s CEO during the Trump administration.

Under Pack’s tenure, several technology freedom experts said the former CEO thwarted the Open Technology Fund’s efforts abroad by freezing funds. Pack also ignored a House subpoena for an oversight hearing that was meant for him to address mass firings, withholding congressionally approved funds and other questionable activities.

Pack stepped down at Biden’s request in January, and the president named Kelu Chao, a VOA veteran journalist, as Pack’s replacement and interim CEO.

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