National
Lawsuit challenges ‘Don’t Ask’ separation pay
ACLU files class-action litigation
Mike Almy, a former Air Force officer, is among those who received half separation pay as a result of his discharge under "Don't Ask, Don't Tell." (Blade photo by Michael Key)
A new lawsuit filed over the halved separation pay given to some U.S. service members discharged under “Don’t Ask, Don’t Tell” is raising questions about why the Defense Department hasn’t taken action to resolve the issue.
Last week, the American Civil Liberties Union and ACLU of New Mexico filed a lawsuit in the U.S. Court of Federal Claims over administration policy cutting in half the severance pay that discharged troops who serve for at least six years in the armed forces would normally receive if they were separated for a reason other than homosexual conduct.
The policy was implemented in 1991, two years before Congress enacted the “Don’t Ask, Don’t Tell” statute, and could be changed by implementing new regulations without action from lawmakers or the courts.
Joshua Block, staff attorney for the ACLU’s lesbian, gay, bisexual and transgender project, said his organization filed the class action lawsuit, known as Collins v. United States, as a result of this severance pay inequity.
“Basically, if you’re discharged under ‘Don’t Ask, Don’t Tell’ [and serve for at least six years], under the policy there’s virtually no way you can qualify for full separation pay,” Block said.
The issue only affects service members separated under “Don’t Ask, Don’t Tell” who received honorable discharges and who have served for at least six years because only under those conditions do troops qualify for severance pay.
Further, because of the statute of limitations, the lawsuit would only affect service members who’ve been discharged under “Don’t Ask, Don’t Tell” within the last six years.
Block said the litigation was brought on behalf of all service members involuntarily discharged in the past six years and estimated that at least 100 discharged service members will qualify as part of the class of plaintiffs in the lawsuit.
The lead plaintiff in the litigation is Richard Collins, a former staff sergeant who was in the Air Force for nine years before he was discharged under “Don’t Ask, Don’t Tell.”
“After nine years of honorable service, it’s not fair that I should be deprived of the same benefits given to other dedicated service members who are adjusting to civilian life,” Collins said in a statement.
Another discharged service member who was affected by the pay inequity is Mike Almy, a gay former Air Force communications officer who testified earlier this year before the Senate about being discharged under “Don’t Ask, Don’t Tell” in 2006.
“I think it’s absolutely ridiculous,” Almy said. “It’s pouring salt on the wound. ‘Don’t Ask, Don’t Tell’ is horrendous enough as it is already. And then, when gays are thrown out the door, they’re even discriminated against once again in the severance pay that they receive.”
Almy said he received separation pay of $40,000 upon his discharge from the Air Force when he would otherwise have been entitled to $80,000.
The lawsuit was filed after the ACLU engaged with the Defense Department in November 2009 to change the policy in efforts that were ultimately unsuccessful. Correspondence had continued until as recently as August, when the ACLU threatened to sue the Pentagon over the lack of action.
Block said he’s hopeful the Pentagon would drop the policy as a result of the lawsuit and pay discharged troops they compensation they would normally receive.
“From our perspective, the litigation shouldn’t have been necessary in the first place, so we obviously hope that the government will do the right thing and pay these people the separation pay that they earned,” he said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said SLDN and the National Gay & Lesbian Task Force identified the issue more than a year ago as something that the administration could resolve with a policy change.
“In this case, [Defense] Secretary [Robert] Gates has the authority to stop this practice, and he should,” Sarvis said. “Not only should they stop it, we’ll also be seeking — as we have in the past — restitution on their back pay.”
Although the lawsuit has been filed, Sarvis noted “litigation is always protracted” and said the lawsuit could take years to resolve. Consequently, Sarvis said SLDN plans to continue pressing Gates to change the policy administratively and was set this week to meet with Pentagon officials to discuss the matter.
But why does the adminstration continue the policy when President Obama has said he wants to repeal “Don’t Ask, Don’t Tell” and the issue could be resolved with a stroke of a pen?
Eileen Lainez, a Pentagon spokesperson, said in a statement that department policy authorizes half separation payments to members who are “not fully qualified to continue to serve” and who are being involuntarily separated under honorable conditions.
“Currently, members being discharged for [‘Don’t Ask, Don’t Tell’] … receive half separation pay, because the law says they are not qualified to continue in service,” she added.
Almy said he has “no idea” why the Pentagon continues this policy and said the rationale for upholding the policy is similarly unknown to others.
“From the personnel people that I’ve been able to talk to at the Pentagon, no one really knows what the reason for that was,” Almy said.
Block also said he’s unsure why the adminstration hasn’t changed this policy as he noted the administration has a stated goal of wanting to repeal “Don’t Ask, Don’t Tell” through legislative action.
“They have to get that through Congress, and we understand they’re working on that, but this was a regulation that was passed before ‘Don’t Ask, Don’t Tell’ even came into existence,” Block said. “The administration can get rid of it anytime it wants without needing congressional approval to do so.”
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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