National
Service chiefs' opposition could impair 'Don't Ask' repeal
As the defense budget hearings on Capitol Hill come to a close, the service chiefs’ opposition to repeal of “Don’t Ask, Don’t Tell” before the Pentagon study is complete — as well as the effect their views could have on lawmakers — has become clear.
Discussion of the service chiefs’ positions peaked Thursday during a Senate Armed Services Committee hearing on the Air Force budget. Air Force Chief of Staff Gen. Norton Schwartz told lawmakers he backed the study of “Don’t Ask, Don’t Tell” underway in the Pentagon, but not legislative action at this time to change the law.
Schwartz said repealing “Don’t Ask, Don’t Tell” shouldn’t undermine the effectiveness of the armed forces and cautioned lawmakers against taking legislative now.
“This is not the time to perturb the force that is stretched by combat operations in Iraq and Afghanistan and important missions elsewhere without due deliberation,” he said.
Schwartz also expressed concern regarding “inadequate current scholarship on this issue” and “insufficient current survey data on our airmen and their families.” He also said he wants to make sure Air Force standards continue to apply to airmen in the event of any “Don’t Ask, Don’t Tell” repeal.
“[Defense] Secretary [Robert] Gates’ effort to carefully evaluate and study this issue is obviously essential to our getting to the right spot on this,” Schwartz said.
The Air Force chief’s comments mean the chiefs for all four services are urging Congress to refrain from legislative action at this time on “Don’t Ask, Don’t Tell.” Army Chief of Staff Gen. George Casey, Chief of Naval Operations Adm. Gary Roughead and Marine Corps Commandant Gen. James Conway voiced their opposition in previous testimony.
Standing in contrast to their remarks is testimony given last month by Chairman of the Joint Chiefs of Staff Adm. Michael Mullen, who said he personally believes gays should be allowed to serve openly in the military.
The service chiefs’ views also are contrary to the position of Air Force Secretary Michael Donley, who endorsed both the review and repeal during Thursday’s hearing.
Donley said he supports the review currently underway at the Pentagon. Noting he was involved in the Defense Department when “Don’t Ask, Don’t Tell” was instituted in 1993, Donley said the process put forward by Gates “has put us in a much better situation than we were in 1993.”
Pressed further by Senate Armed Services Committee Chairman Carl Levin (D-Mich.) on whether he supports repeal at this time, Donley replied, “I do.”
Despite these views, the service chiefs’ viewpoints could influence lawmakers who currently are on the fence on voting for either full repeal or a legislative moratorium.
After the hearing, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told DC Agenda he believes the service chiefs’ opposition would drive how lawmakers would vote on either legislative item, but couldn’t say how much.
“I think it will have some impact,” he said. “I can’t gauge the amount.”
And opponents of repeal are emphasizing the service chiefs’ position in their attempt to keep “Don’t Ask, Don’t Tell” in place.
During the hearing, Sen. John McCain (R-Ariz.), a leading opponent of repeal in the Senate, seized on Schwartz’ remarks as evidence that military leaders don’t want Congress to change the law.
“This idea out there that’s being pushed that the service chiefs somehow support — [are] supporting a campaign promise made by the president of the United States is obviously not true,” McCain said.
Asked by McCain whether passing a moratorium “would be foolish,” Schwartz replied, “I think, sir, that any interim change” would not be appropriate.
McCain said he wanted to “congratulate” the service chiefs for coming out in opposition to both repeal and a moratorium at this time.
“Clearly, a moratorium would be a change in the policy — just a backdoor way of doing it,” he said.
Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, attempted to allay Schwartz’s concerns by saying the Air Force standard of conduct would remain even if “Don’t Ask, Don’t Tell” were overturned.
“There must be an understanding that … standards of conduct of Air Force members, and that of members of other services, cannot be altered in any way if ‘Don’t Ask, Don’t Tell’ is repealed,” he said. “We would be eliminating one policy, but then everybody in the military has to live by those standards.”
Lieberman asked Schwartz whether he believes that service members should be discharged solely because of their sexual orientation.
“Sir, I have to tell you that the answer to that question is more complex than ‘yes’ and ‘no,’” Schwartz said. “It is dependent on the consequences given a change a policy.”
In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, rebuked Schwartz for suggesting repealing the ban on open service could in any way be a detriment to the armed forces.
“Sens. Lieberman and Levin got it right when they pointed out that forces were not disturbed when bans were lifted in 24 countries, and that U.S. troops have been serving alongside gays and lesbians from other countries in Iraq and Afghanistan, without incident,” Sarvis said. “We respectfully remind all the chiefs that many U.S. service members are openly gay while serving, again without reported problems.”
A number of senators on the committee who back repeal urged Schwartz to consider additional information in making a decision on whether to finally support repeal of “Don’t Ask, Don’t Tell.”
Sen. Roland Burris (D-Ill.) urged Schwartz to recall the discrimination that blacks and women once faced in the military.
“We’ve had an African-American who’s chairman of the Joint Chiefs of Staff,” Burris said. “Now, under this program, if we had started studying and waiting, Colin Powell … probably never would’ve made it because of the delays and the understanding.”
Levin urged Schwartz to speak with airmen who’ve been discharged under “Don’t Ask, Don’t Tell” to help his understanding of the issue.
“While you’re looking and determining whether there’s any impact to changing the policy, also give some thought to unfairness that would be involved in discharging people now solely for sexual orientation while we’re considering whether to end this policy,” Levin said.
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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