National
Service chiefs hold mixed views on ‘Don’t Ask’ repeal
Military leaders each express concerns, but confidence in ability to implement
The military service chiefs offered mixed views on “Don’t Ask, Don’t Tell” repeal during Senate testimony on Thursday as they said they had concerns about ending the law, but could implement a change if ordered.
Two the members of the Joint Chiefs of Staff — Vice Chair Gen. James Cartwright and Chief of Naval Operations Adm. Gary Roughead — testified before the Senate Armed Services Committee that Congress should act to repeal “Don’t Ask, Don’t Tell.”
Coast Guard Commandant Adm. Robert Papp — not a member of the Joint Chiefs but a witness at the hearing — also endorsed open service.
In comparison to the other service chiefs, Cartwright offered a particularly strong statement encouraging Congress to take action to lift “Don’t Ask, Don’t Tell.”
“My faith in our leadership, from top to bottom, the fair-minded temperament of the American public, and the reputational benefit derived from being a force identified by honesty and inclusivity, rather than concealment causes me to favor repeal of 10 USC 654 and the associated policy known as ‘Don’t Ask, Don’t Tell,'” Cartwright said.
But Army Chief of Staff Gen. George Casey and Marine Corps Gen. Commandant James Amos spoke out against legislative efforts to repeal “Don’t Ask, Don’t Tell.” Air Force Chief of Staff Gen. Norton Schwartz said he wanted full implementation of repeal deferred until 2012.
Amos, who has previously spoken out against repeal, said he had concern over “Don’t Ask, Don’t Tell” repeal because of several reasons, including combat operations abroad.
“Based on what I know about the very tough fight on the ground in Afghanistan, the almost singular focus of our combat forces as they train up and deploy into theater, the necessary tightly woven culture of those combat forces that we are asking so much of at this time, and finally the direct feedback from the survey, my recommendation is that we should not implement repeal at this time,” Amos said.
The hearing marked the second day in a two-day series of hearings on the Pentagon’s “Don’t Ask, Don’t Tell” report, which was made public earlier this week. During the previous hearing, Chairman of the Joint Chiefs of Staff Adm. Mike Mullen reiterated his belief that gays should be able to serve openly in the U.S. military.
Repeal advocates had been awaiting statements from the service chiefs on “Don’t Ask, Don’t Tell” following the release of the Pentagon report. In May, the service chiefs of the Army, Navy, Air Force and Marine Corps sent a letter to Congress urging lawmakers not to take action until the study was complete.
While the service chiefs had differing views on whether Congress should act to repeal “Don’t Ask, Don’t Tell,” they each expressed concerns to some degree on the implementation of open service.
Roughead expressed unease about how the Pentagon report showed that sailors in irregular warfare specialties, such as the Navy SEALS, expressed greater negativity over the prospects of repeal and a lower propensity to reenlist than other sailors.
“While these effects may not be fully realized, these specialties must be monitored closely to ensure we are positioned and resourced to respond to changes over the long-term,” Roughead said. “We cannot assume these projected retention losses away and we must take into account the past, current and future combat employment of these combat specialties.”
But even the service chiefs who said they opposed repeal expressed confidence in their branch’s ability to implement a change if ordered by Congress.
Casey said if open service in the U.S. military is properly implemented, he doesn’t envision it would prevent the Army from accomplishing its worldwide missions.
“We have a disciplined force and seasoned leaders, who, with appropriate guidance and direction, can oversee the implementation of the repeal with moderate risk to our military effectiveness in the short-term, and moderate risk to our ability to recruit and retain our all-volunteer force over time,” Casey said.
Members of the committee had different interpretations for what the testimony of the service chiefs means for “Don’t Ask, Don’t Tell” repeal in the lame duck session of Congress.
McCain said the differing opinions of the service chiefs demonstrates the need to hold off on legislative action on ending the military’s gay ban.
“I think it’s pretty obvious from the comments made by certainly the chiefs of staff — the service chiefs of the Army, Navy, Air Force and Marine Corps today that there is significantly divided opinion on this issue,” McCain said. “It’s very obvious to me that there is a lot more scrutiny and work involved before passing this legislation.”
McCain said he wants to hear from the senior enlisted personnel who would be training service members on the implementation of open service as well as combatant commanders before Congress takes action.
But Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, noted the chiefs each expressed confidence that they could faithfully execute a new policy if given time to implement a change.
“My conclusion is that really, in the end, all six of you favor repeal of ‘Don’t Ask, Don’t Tell,'” Lieberman said.
Observing the service chiefs concerns about implementation, Lieberman noted that repeal legislation pending before the Senate requires the president, the defense secretary and the chair of the Joint Chiefs of Staff to certify that the military is ready for open service before repeal is fully implemented.
The senator noted Defense Secretary Robert Gates said he wouldn’t certify open service until he felt the service chiefs were comfortable with moving forward. Asked by Lieberman whether they were assuaged by this statement, each of the service chiefs said they comfortable with Gates’ decision on when open service could be implemented.
Sen. Mark Udall (D-Colo.), a strong proponent of repeal, similarly brought out favorable responses for repeal from the service chiefs when he asked each of them if they were comfortable with the certification process and with their ability to implement repeal.
Each of the chiefs said they had confidence in Gates’ decision and their service’s ability to execute the change in law.
“I believe we can implement the policy and will implement the policy with moderate risk to our short-term effectiveness and long-term health of the force,” Casey said.
Alex Nicholson, executive director of Servicemembers United, said he thought the testimony from the service chiefs “actually went better” than what he had expected.
“I think what it really brought out was the point that although the service chiefs and many people may have differing opinions on what they want to happen and varying ways in which they would like to see it go about happening,” Nicholson said. “In the end, they seem to all agree that it’s possible to make it happen and make it happen in a safe and smooth way.”
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.
Comings & Goings
Kansas passes bathroom bounty hunter bill
ACLU sues Kansas over law invalidating trans residents’ IDs
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Spring into sold
New book profiles LGBTQ Ukrainians, documents war experiences
PHOTOS: Queen of Hearts
Two very different views of the State of the Union
Va. activists preparing campaign in support of repealing marriage amendment
