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Service chiefs' opposition could impair 'Don't Ask' repeal

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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.

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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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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