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Anti-gay bias found in Pentagon ‘Don’t Ask’ survey

Activists divided over whether gay troops should participate

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A recently issued Pentagon survey asking service members about their thoughts on repealing “Don’t Ask, Don’t Tell” is inspiring consternation among LGBT advocates who say the questions have an anti-gay bias.

The survey was issued last week and is intended to gather perspectives from 400,000 non-deployed active duty service members on lifting “Don’t Ask, Don’t Tell.” The results of the survey are aimed to help inform a Pentagon working group that’s developing a plan to implement repeal of the 1993 law banning gays, lesbians and bisexuals from serving openly in the U.S. military. The group’s work is due Dec. 1.

The survey was created and administered by the research firm Westat in conjunction with the Pentagon Working Group, and, according to Servicemembers United, came at a cost to taxpayers of $4.4 million.

A copy of the survey obtained by the Blade and other media outlets is 32 pages. The survey uses the term “homosexual” interchangeably with the term “gay or lesbian” in its questioning.

One question asks responders if they “currently serve with a male or female” service member that they believe to be gay or lesbian.

Other questions address “If Don’t Ask, Don’t Tell is repealed, how, if at all, would the way your family feels about your military service be affected?” and “Have you shared a room, berth or field tent with a Service member you believed to be homosexual?”

Another question asks service members how they would respond if they were assigned to share bathroom facilities or an open bay shower with an openly gay or lesbian person. Possible responses include “take no action,” “use the shower at a different time than the Service member I thought to be gay or lesbian,” “discuss how we expect each other to behave and conduct ourselves” or “talk to a chaplain, mentor or leader about how to handle the situation.”

No question on the survey asks service members about their sexual orientation or asks them whether they think “Don’t Ask, Don’t Tell” should be repealed.

In a statement, Alex Nicholson, executive director for Servicemembers United, said imaging a survey with “such derogatory and insulting wording, assumptions, and insinuations” on any other minority group is impossible.

“Unfortunately, this expensive survey stokes the fires of homophobia by its very design and will only make the Pentagon’s responsibility to subdue homophobia as part of this inevitable policy change even harder,” he said. “The Defense Department just shot itself in the foot by releasing such a flawed survey to 400,000 servicemembers and it did so at an outrageous cost to taxpayers.”

Nicholson cited as among the flawed aspects of the survey the use of the term “homosexual” and a focus on potential negative aspects of repeal, with little attention to potential positive aspects.

He also noted what he called a “repeated and unusual suggestion” that a service member may need to talk to military comrades and leaders about appropriate behavior and conduct.

Michael Cole, a Human Rights Campaign spokesperson, also expressed concern about the questions, but said the survey is important for the Pentagon working group to complete its examination on implementing “Don’t Ask, Don’t Tell” repeal.

“While surveying the troops on the issue like this is problematic from the start and the questions exhibit clear bias, the fact remains that this study exists,” Cole said. “We urge the [Defense] Department to analyze the results with an understanding of the inherent bias in the questions and use it as a tool to implement open service quickly and smoothly.”

According to Reuters, Geoff Morrell, a Pentagon spokesperson, addressed the notion that the survey had anti-gay bias at a press conference last week, saying he “absolutely, unequivocally” rejects the accusations as “nonsense.”

“We think it would be irresponsible to conduct a survey that didn’t address these kinds of [privacy-related] questions,” Morrell said.

Morrell reportedly added that more training, education or facility adjustments may be needed required to prepare the U.S. military if “Don’t Ask, Don’t Tell” is repealed.

One LGBT advocate familiar with the working group, who spoke on the condition of anonymity, said the Pentagon doesn’t intend to make the results of the survey public once they are compiled. Still, the advocate noted that the Defense Department expects they will be leaked or known through the Freedom of Information Act.

Aaron Belkin, director of the Palm Center, said the survey is sending a “complicated mixed message” with regard to “Don’t Ask, Don’t Tell.”

On one hand, Belkin said, the survey is “is part of an education process” in which the Defense Departmant is “just starting to talk with the troops and hear from the troops” about the impact of repeal. Still, Belkin noted that the Pentagon is asking questions about LGBT people that wouldn’t be asked about other minority groups.

“You would never ask a survey question [such as] what would it be like to share a tent with a Chinese soldier, or would you take orders from a Catholic officer, or how would your husband or wife feel if you lived on post next to a Jewish family?” Belkin said. “And the reason we don’t ask questions like that is because those questions, by their very nature, constitute the group you’re asking about as a second-class citizen.”

Belkin said he didn’t think male service members bunking with female troops would be an appropriate analogy for the survey questions because that isn’t as germane as serving with people of different racial or ethnic backgrounds.

“The troops are already living next to and serving with and showering with and sharing tents with and doing everything with gays,” he said. “This is not a change that is any different from civilian society. It would be a change if we were asking them to shower with and share tents with women.”

Belkin said that advocates shouldn’t be focusing on the survey, but on an upcoming “leadership moment” in which the president and defense leaders would have to certify that repeal should happen.

“The question is not, ‘Does the survey say 46 percent will share a tent or 42 percent will share a tent?’” Belkin said. “That’s not what this moment is about. This moment is about whether leadership steps up and certifies that it’s time for repeal and implements non-discrimination — that’s what we should be focusing on.”

SLDN to LGBT troops:
Don’t take this survey

Also sparking debate among advocates is whether LGBT service members would be at risk of being outed under “Don’t Ask, Don’t Tell” if they participated in the survey.

Servicemembers Legal Defense Network issued a statement July 8 warning LGBT service members about a potential risk if they participate in a Pentagon survey over “Don’t Ask, Don’t Tell.”

Aubrey Sarvis, SLDN’s executive director, said his organization “cannot recommend” that LGBT service members “participate in any survey being administered by the Department of Defense, the Pentagon Working Group, or any third-party contractors.”

“While the surveys are apparently designed to protect the individual’s privacy, there is no guarantee of privacy and DOD has not agreed to provide immunity to service members whose privacy may be inadvertently violated or who inadvertently outs himself or herself,” he said.

The statement says SLDN asked the Pentagon working group for information about the survey, including the survey texts, possible certificates of confidentiality, and whether the Pentagon could guarantee immunity for people inadvertently outed by the surveys. According to SLDN, the Pentagon was unable to satisfy this request.

Sarvis advised LGBT service members who participate should do so in a way that doesn’t identify their sexual orientation.

In contrast to SLDN, Nicholson issued a statement encouraging LGBT service members to take part in the study.

“Servicemembers United encourages all gay and lesbian active duty troops who received the survey to take this important opportunity to provide their views,” Nicholson said.

Nicholson added his organization is “satisfied” sufficient safeguards are in place to “protect the confidentiality of any gay and lesbian servicemember who would like to fully and honestly participate in this survey.”

Cole said HRC likewise is encouraging LGBT service members to take part in the survey.

“It is critical that voices of lesbian and gay service members are included in this study and we feel that the privacy safeguards are sufficient to maintain anonymity,” he said.

Nicholson told the Blade that as part of its contract, Westat has to “strip out information about survey respondents” before the company delivers the information to the Defense Department and “destroy” any personally identifying information.

“They cannot contractually give DOD any personally identifying information about any of the survey respondents,” Nicholson said.

At a press briefing last week, Defense Secretary Robert Gates also maintained that LGBT service members wouldn’t be in danger of discharge if they participated in the study.

“I strongly encourage gays and lesbians who are in the military to fill out these forms,” he said. “We’ve organized this in a way to protect their privacy and the confidentiality of their responses through a third party, and it’s important that we hear from them as well as everybody else.”

The LGBT advocate familiar with the Pentagon study, who spoke on the condition of anonymity, said a member of the Defense Department working group found SLDN’s response “jaw-dropping.”

“He has complete faith that the agreement they have with their third-party vendor, which is administering the survey, the anonymous drop-box option, and the other pieces of the survey that are designed to protect the anonymity of respondents are pretty air-tight,” he said.

The advocate said he was told if gay or lesbian troops don’t respond, it would remove a significant number of service members from the sample who would respond favorably to repeal.

On the other side, the advocate said, the Marine Corps and religious groups are “really making a major effort” to get anti-repeal comments to the Pentagon working group.

“The responses that they’ve gotten thus far have been overwhelmingly anti-repeal, and the attempt by SLDN to keep gay service members from responding is not going to help,” he said.

Belkin said the Palm Center is deferring to SLDN on whether taking the survey would be safe for LGBT service members and he had no recommendation for service members. Still, he noted that the Palm Center has an assessment of the risks.

“On the one hand, we think the Pentagon has actually been pretty careful about dividing privacy protections, and so we think that the risk of participation is minimal, but at the same, we don’t think it’s zero,” Belkin said.

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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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