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Gates unveils new ‘Don’t Ask’ regulations

Changes intended to reflect ‘common sense and common decency’

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Defense Secretary Robert Gates (left) and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen are changing how the Pentagon will implement "Don't Ask, Don't Tell." (DC Agenda photo by Chris Johnson)

Defense Secretary Robert Gates announced Thursday that the Pentagon is changing how it will implement “Don’t Ask, Don’t Tell,” including limiting third-party outings and raising the rank of the officers handling inquiries.

Joined by Chairman of the Joint Chiefs of Staff Adm. Michael Mullen, Gates unveiled the changes to enforcing the ban on gays serving openly during a Pentagon press conference.

“I believe these changes represent an important improvement in the way the current law is put into practice, above all, by providing a greater measure of common sense and common decency to a process for handling what are difficult and complex issues for all involved,” Gates said.

Gates said Mullen, Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright and the service chiefs are unanimous in their support for these new regulations.

While unveiling the changes, Gates said in response to a DC Agenda question that he doesn’t recommend legislative action to repeal the “Don’t Ask, Don’t Tell” law until the Pentagon working group completes its review of the law.

Gates established the working group in February to examine the implications of repealing the 1993 ban on open service. The group’s study is set for completion by Dec. 1.

“I do not recommend a change in the law before we have completed our study,” he said. “There is a great deal we don’t know about this in terms of the views of our service members and trying to get the views of our families.”

Gates said the working group also is necessary to examine changing regulations for benefits and look at other implementation issues.

“I think we need to do this thoroughly and professionally,” he said. “I think we need to do this right, if you will, and I think doing it hastily is very risky and I think does not address some of the concerns that have been expressed by the chiefs of staff of the services and a number of the questions that have been raised associated with this.”

Mullen, who testified in favor of open service for gays, lesbians and bisexuals last month, said he would “echo” Gates’s remarks with regard to legislative action on “Don’t Ask, Don’t Tell” before the working group completes its study.

“It’s very important for us to go through this process — and doing it with haste could easily generate a very bad outcome,” he said. “So understanding where we are — having that information from those it will affect most — is a very important part of this process.”

Asked whether the White House shares this view on the timing of repeal, Gates replied, “You would have to ask them, but I would tell you that my impression is the president is very comfortable with the process that we’ve laid out, and certainly with the changes that I have announced today.”

A senior defense official, who spoke on the condition of anonymity, later clarified for DC Agenda that the Pentagon isn’t taking a position on legislation related to “Don’t Ask, Don’t Tell” before the working group’s review is complete.

“It’s been very consistent out of here that the issue is not whether, it is how,” said the official. “In doing this, because this is the military, they wanted to do this in a way that is professionally thorough. So they are not going to be taking any position on any legislation at all. They’re not going to be supporting any legislation; they’re just not taking any position on legislation.”

The official said that Gates’ remarks during the press conference were consistent with his congressional testimony and other statements.

“This is not taking sides,” said the official. “There is no position on legislation. The position is follow through with this process, and he basically stated that they’d like to see this process be done to inform legislation.”

In a statement, Human Rights Campaign President Joe Solmonese said Congress should undertake repeal of “Don’t Ask, Don’t Tell” as the Pentagon continues work on its study.

“Two branches of government can and should work concurrently toward repeal,” he said. “There is no reason for Congress to wait for the details on implementation when Secretary Gates and the president have made it clear that this law should be repealed.”

Also during the press conference, Gates noted that the goal of the working group’s study on “Don’t Ask, Don’t Tell” is to determine how to implement repeal.

“The study is about how you implement it — if the law changes, how we deal with it,” Gates said. “This study is not about should we do it; this study is about how we do it.”

Gates added the working group will take into consideration the feelings of service members and their families.

“We need to identify where [there] might be problems and issues — or just issues to be addressed — whether it’s a change in regulations or benefits or something like that, so then when the time comes we have some idea of what we have to do in order to carry forward with the change,” Gates said.

But the new regulations issued Thursday will change implementation of the law until legislative action is taken. Specifically, the new changes will:

• raise the rank of the officer who can start fact-finding inquiries or separation proceedings to a general or admiral;

• raise the rank of the person who can conduct fact-finding inquiries to lieutenant colonel or Navy commander or above;

• raise the level of the officer who can separate an enlisted service member to general or admiral;

• raise the bar for what constitutes credible information to start an inquiry or separation proceeding, by mandating, for example, that information from third parties be given under oath and that use of overheard statements and hearsay are discouraged;

• raise the bar on what constitutes a reliable person upon whose word an inquiry can begin, with special scrutiny of third parties who may want to harm a service member;

• and specify that certain confidential information cannot be used for discharge proceedings, such as information provided to lawyers, clergy or psychotherapists; information provided to medical professionals for medical treatment; information provided in seeking assistance for domestic or physical abuse; or information about sexual orientation discovered during security clearance investigations.

Gates said the new regulations will take effect immediately and would apply to all open and future discharge cases. He noted that the services have 30 days to conform their own regulations to these changes.

Following the briefing by Gates, Jeh Johnson, the Pentagon’s general counsel who helped draft the new regulations, offered additional details.

In response to one question regarding what would happen in pending cases if a service member was outed by what is now considered unreliable information, and, following the start of an investigation, the service member acknowledged they were gay, Johnson said he didn’t know what would happen in such a situation.

“That’s a good question — and we’ll have to work that through,” he said.

In a statement, Rep. Patrick Murphy (D-Pa.), the sponsor of “Don’t Ask, Don’t Tell” repeal legislation in the U.S. House, praised the Pentagon for implementing the changes, but said full repeal is still necessary.

“Today’s announcement from Defense Secretary Gates is another step forward in the fight to repeal the discriminatory policy of ‘Don’t Ask, Don’t Tell,’ and a signal that momentum for change continues to build,” he said.  “While I am encouraged by the Pentagon’s announcement, I remain committed to working toward full legislative repeal of this law, which hurts our national security and military readiness.”

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedict’s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: “From the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.”

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedict’s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

“As our community continues to grieve and remember Nex, it’s clearer than ever that everyone from Oklahoma’s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examiner’s office failed to deliver justice for Nex Benedict and Nex’s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nex’s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,” McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; “Today’s news is the latest disappointing development in Nex Benedict’s tragic story. The best way to honor Nex’s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.”

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedict’s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month ago calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

“Since Nex’s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. It’s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “It’s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nex’s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.”

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nex’s death. Our hearts remain with Nex’s family, with Oklahoma’s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.”

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

“The full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nex’s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. What’s clear from Nex’s death, and from what we’ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahoma’s kids actively foster the hostile environment that makes students unsafe.

The release of today’s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.”

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I can’t help but feel a sickness around all of it. As a trans person, reading a trans child’s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations – an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

“From restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,” said Heng-Lehtinen. “TRANSform the Vote presents a historical moment for us to empower our community — casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.”

Finke, Minnesota’s first openly trans lawmaker who wrote the state’s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, we’ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia “Liish” Kozlowski, who is one of the country’s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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