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Despite compromise, advocates celebrate votes to repeal ‘Don’t Ask’

McCain pledges to derail ‘Don’t Ask’ momentum

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U.S. Sen. John McCain (Blade photo by Michael Key)

Gay veterans are celebrating congressional action last week to repeal “Don’t Ask, Don’t Tell,” 17 years after Congress passed a law banning gays from serving openly in the U.S. military.

The House and Senate took separate actions that would lead to an end of the statute. Both chambers approved amendments repealing “Don’t Ask, Don’t Tell” as part of major defense budget legislation known as the fiscal year 2011 defense authorization bill.

On May 27, the House voted 234-194 on the floor in favor of an amendment sponsored by Rep. Patrick Murphy (D-Pa.). The next day, the chamber voted 229-186 in favor of passing the entire defense bill.

Five Republicans voted in the affirmative on the amendment: Reps. Judy Biggert (Ill.), Joseph Cao (La.), Charles Djou (Hawaii), Ron Paul (Texas) and Ileana Ros-Lehtinen (Fla.). Joining other Republicans to vote against the measure were 26 Democrats.

The Senate Armed Services Committee voted 16-12 in favor of an identical repeal measure sponsored by Sen. Joseph Lieberman (I-Conn.).

In that chamber, Sen. Susan Collins (R-Maine) was the only Republican to vote in favor of repeal. The sole Democrat who voted against the amendment was Sen. Jim Webb (D-Va.). He had earlier told media outlets that he sees no need to preempt the Pentagon’s “Don’t Ask, Don’t Tell” study by voting in favor of repeal at this time.

The legislative compromise adopted by both chambers of Congress would repeal “Don’t Ask, Don’t Tell” only after the Defense Department completes its study on the issue, due Dec. 1.

Additionally, President Barack Obama, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen would have to certify that repeal won’t undermine military readiness — and 60 days would have to pass after this certification before repeal would take effect.

The measure also notably lacks the non-discrimination language for gay, lesbian and bisexual service members that standalone repeal bills contained.

Even with the compromise, though, many gay former service members were delighted with Congress for taking action.

Mike Almy, a gay former Air Force communications officer who was discharged under “Don’t Ask, Don’t Tell” in 2006 and recently testified before the Senate on the issue, witnessed the vote in the House chamber.

“The whole floor and the gallery erupted with a cheer,” he said. “There were quite a few tears of joy and disbelief, including myself. I still get choked up when I think about it.”

Following the vote in the Senate Armed Services Committee, Almy said repeal supporters visited the office of Sen. Ben Nelson (D-Neb.) to thank him for his vote in favor of ending “Don’t Ask, Don’t Tell.”

Nelson told the Blade last month that he wouldn’t vote in favor of a measure repealing “Don’t Ask, Don’t Tell.” But after Sen. Joseph Lieberman (I-Conn.) unveiled his compromise legislation, Nelson signaled he would vote in favor of the measure.

Almy said Nelson’s staffers told repeal supporters that they received 40,000 phone calls in Nebraska for repeal and 1,100 against.

“I was speechless,” Almy said. “I was completely dumbfounded there was that much support in Nebraska for repeal. It was just an incredible week overall.”

Retired Navy Capt. Joan Darrah, a lesbian who retired from service in 2002 because of “Don’t Ask, Don’t Tell,” also said she was pleased with Congress, calling the votes “a tremendous effort and a great result.”

But Darrah, who lives in Alexandria, Va., said she’s “distressed” about Webb’s vote against repeal.

“I’ve met and corresponded with Sen. Webb many times and I’m disappointed,” she said.

Darrah said she’s willing to live with the compromise, though, and didn’t think Mullen would delay certification of repeal once the Pentagon study is complete.

“This approach that they’ve come up with allows the study to conclude — and the study is supposed to be how to implement it, not if we should,” she said. “I think that this is an excellent compromise. We need the Senate to vote on it and then get on with getting rid of this, frankly, un-American and discriminatory law.”

Also expressing excitement about the congressional votes was a gay man from Chesapeake, Va. The active duty Navy sailor, who served in Iraq and Afghanistan, spoke to the Blade on the condition of anonymity to avoid to being outed under “Don’t Ask, Don’t Tell.”

He called the action from Congress “long overdue” and said “it’s been a rough hell” serving in the military for seven of the 17 years since “Don’t Ask, Don’t Tell” was enacted.

He said he’s willing to accept the compromise advanced by Congress because “we’re standing on the right side of history” and didn’t think Obama, Gates or Mullen would delay certification of repeal.

“Adm. Mullen said it best — men and women are serving in an institution where integrity is key, but we’re asking them — asking us — to hide who we are,” said the man. “I don’t think we’ll have any problem at all.”

Following the vote, Obama issued a statement on the “Don’t Ask, Don’t Tell” action. The White House previously said it would support the compromise legislation because it allows the Pentagon to complete its study on the issue.

Obama said he was “pleased” with the outcome while stressing the importance of the Pentagon’s “Don’t Ask, Don’t Tell” study due at year’s end.

“I have long advocated that we repeal ‘Don’t Ask Don’t Tell,’ and I am pleased that both the House of Representatives and the Senate Armed Services Committee took important bipartisan steps toward repeal tonight,” Obama said.

The president said the Pentagon’s review was “key to successful repeal” and that he was grateful the amendments approved by Congress “will ensure that the Department of Defense can complete that comprehensive review that will allow our military and their families the opportunity to inform and shape the implementation process.”

Hurdles remain in repeal process

Even with Congress taking action to end “Don’t Ask, Don’t Tell,” the legislation approved by the House and the Senate committee still has to make its way to the president’s desk and win his signature before it’s enacted.

And a number of obstacles could prevent the bill from reaching the White House or being signed into law. However, supporters of repeal are saying these roadblocks are less numerous than obstacles before the congressional votes on “Don’t Ask, Don’t Tell.”

Alex Nicholson, executive director of Servicemembers United, said the legislation didn’t “have a lot” of possible roadblocks preventing it from being signed by the president.

Still, one problem that supporters of repeal could face is a filibuster of the defense authorization bill when it reaches the Senate floor.

Sen. John McCain (R-Ariz.), ranking Republican on the Senate Armed Services Committee and chief opponent of repeal in the Senate, had pledged to find the 60 votes in the Senate necessary to block the bill from moving forward.

Roll Call newspaper reported May 27 that McCain said he’ll “without a doubt” support a filibuster if the bill goes to the floor with repeal language.

“I’ll do everything in my power,” McCain was quoted as saying. “I’m going to do everything I can to support the men and women of the military and to fight what is clearly a political agenda.”

But mustering 60 votes to filibuster the defense bill could prove a challenge for McCain.

Two senators who voted against the inclusion of “Don’t Ask, Don’t Tell” repeal language in the defense bill — Jim Webb (D-Va.) and Scott Brown (R-Mass.) — later voted in favor of reporting out of committee the defense bill as a whole. Their votes could be seen as signs they wouldn’t support filibustering the legislation on the floor.

Nicholson said he believes Senate Majority Leader Harry Reid (D-Nev.) has the votes to shut down McCain’s filibuster threat on the bill, but added it’s “never a guaranteed thing.”

“I personally think Jim Webb and Scott Brown’s votes are still a little volatile,” Nicholson said. “While they voted to report the bill out of committee, I don’t know that they’re solid allies on this. If McCain figures out a way to try to block this with a filibuster, I wouldn’t count Brown and Webb in our camp 100 percent.”

During a press conference last week, Senate Armed Services Committee Chairman Carl Levin (D-Mich.), hailed as a champion of repeal in the Senate, dismissed the chances of a successful filibuster on the defense authorization bill.

“I think it’s hard to filibuster a defense bill,” Levin said. “There’s so much in here for our troops. The fact that there’s one provision in here that some people don’t like — it seems to me [that] would not be [a] sufficient deal for 41 senators to filibuster a defense bill.”

Levin said he wants to bring the legislation before the full Senate sometime before the August recess.

Nicholson said another threat on the Senate floor could be a strike-and-replace amendment modifying the “Don’t Ask, Don’t Tell” language, such as one that changes the scope of the Pentagon study on the issue.

Conservatives have called for legislation that reconfigures the study so that it would focus on whether repeal of “Don’t Ask, Don’t Tell” would have a significant impact on improving military readiness.

“Something like that could be very appealing, especially if it’s rather moderate in nature,” Nicholson said.

Making the language different in both bills would mean the differences would have to be hashed out by conference committee, which could jeopardize any repeal provision being in the final bill.

An unrelated issue that could preclude Obama from signing the defense bill is funding for an alternate engine program for a next generation military aircraft known as the Joint Strike Fighter.

The House version of the legislation authorizes $485 million in funds for the second engine for the aircraft. Last week, an amendment failed in the House that would have stripped the funding from the legislation. The Senate committee’s version of the legislation authorizes no funding for the program.

In a statement, Obama spoke out against the funds for the alternate engine program in a Statement of Administration Policy on the defense bill as a whole. He subsequently warned Congress he would veto the legislation if it reaches his desk with such funding.

“As the Statement of Administration Policy made clear, our military does not want or need these programs being pushed by the Congress, and should Congress ignore this fact, I will veto any such legislation so that it can be returned to me without those provisions,” Obama said.

The issue of funding for the alternate engine program has perennially been a point of contention between Congress and the White House. According to Reuters, 2010 marks the fourth consecutive year in which the Pentagon has voiced concern about the program.

Nicholson said he didn’t know if the veto threat was “too serious of a problem,” but noted it’s something supporters of repeal should monitor.

He said repeal supporters could either push Congress to take out funding for the alternate engine program or lobby Obama not to veto the bill over the funding.

“In the end, I don’t think that’s going to be a big problem,” Nicholson said. “Even if he did veto it and it went back, I feel certain with the majorities by which we won the House and the way it’s aligned in the Senate, I don’t really fear that the ‘Don’t Ask, Don’t Tell’ language will be threatened or in play.”

Levin, a supporter of funding for the alternate engine program, also said during the press conference last week that Congress and the administration would find a way to work through the disagreement on the issue.

“There’s all kinds of items in this bill,” he said. “It’s difficult for me to believe the president would veto an entire bill over just one provision.”

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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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