National
Pentagon maps out way ahead for open service
Officials pledge to move forward with ‘Don’t Ask’ repeal swiftly
Under Secretary of Defense for Personnel & Readiness Clifford Stanley and Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright (Blade photo by Michael Key).
Top Pentagon officials on Friday gave assurances that the U.S. armed forces would implement “Don’t Ask, Don’t Tell” repeal swiftly and that training need not be instituted throughout the entirety of the military before an end to the gay ban is certified.
During a news conference, Under Secretary of Defense for Personnel & Readiness Clifford Stanley and Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright briefed reporters on Pentagon plans for moving ahead with open service.
Cartwright noted that ending the gay ban doesn’t require “100 percent of the people to be trained” and said troops in the Reserves and National Guard may not receive the new education before going forward.
“We’re going to try to get as a high percentage of the units as quickly as we can — and that will be our focus initially — because that’s the way we manage deployments,” Cartwright said. “But it doesn’t require 100 percent of the people, and we’re going to have some challenges with Guard and Reserve that are not on active duty right now, finding them, getting to them, etc.”
In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he concurs with Cartwright’s assessment that training need not be instituted throughout the entire military before going ahead.
“I agree with General Cartwright that all of the troops, from top to bottom, do not need to undergo a comprehensive training and educational program before there is certification,” Sarvis said. “The training and education plan need only be in place. The fact is education and training around open service can be accomplished in the first and second quarter of this year.”
During the news conference Stanley echoed comments made earlier this month by Gates and said he envisions the implementation of repeal being a three-step process. The first step would be changing policies and regulations; the second, issuing new training; and the third, educating the actual force.
“As we do that, and we’re doing it expeditiously,” Stanley said. “We’re doing it quickly in terms of the first parts of that.”
Stanley said the military services will start the training in February, but noted each service is going to approach training differently.
Cartwright similarly said the military service chiefs feel the best way to move forward with repeal is move as quickly as possible — even as he acknowledged that process of educating 2.2 million in the U.S. military means “we’re probably going to have some discovery as we go.”
“The service chiefs — the one key activity that has probably common to all of the meetings has been feeling that moving along expeditiously is better than dragging it out,” Cartwright said. “We’ve learned that from other services, other nations that have moved down this path.”
Cartwright said the Pentagon has instituted a “feedback mechanism” in which the service chiefs would meet every two weeks to discuss changes and concerns as the implementation process moves forward.
In a statement, Alex Nicholson, executive director of Servicemembers United, said the speed with which the Pentagon is moving with implementation of “Don’t Ask, Don’t Tell” repeal is “promising.”
“We will continue to monitor this process and communicate any concerns that arise to the military leadership as the process unfolds, but overall we are pleased with the Pentagon’s good faith effort to move with deliberate speed to end this chapter in our history,” Nicholson said.
In a memo issued Friday, Defense Secretary Robert Gates tasked Stanley with producing for implementing repeal of “Don’t Ask, Don’t Tell” repeal no later than Feb. 4. Also on Friday, Stanley issued policy guidance to the military services directing them to identify regulations that would be affected by repeal of “Don’t Ask, Don’t Tell” and to draft changes to conform to an end to the law.
“We expect to see essentially not a lot of changes in the policy, but there definitely needs to be policy clarification,” Stanley said.
President Obama signed legislation allowing for “Don’t Ask, Don’t Tell” repeal on Dec. 22, but the gay ban won’t be off the books until he, the defense secretary and the chair of the Joint Chiefs of Staff certify the military is prepared. After certification takes place, an additional 60-day waiting period must pass before gays can serve openly.
In his State of the Union address, Obama committed to implementing open service in the military this year. Gates has said he wants to implement new training before moving forward.
Asked whether there’s a target date for when certification will take place, Stanley declined offer a specific time and said the conditions on the ground will “dictate how fast we go.”
“To even imply that we have a target to do it by this date would be a misnomer,” Stanley said. “In essence, we’re going to move responsibly, quickly, but deliberately as we go through the process.”
Despite Obama’s commitment to make repeal happen by the year’s end, Cartwright said the military reserves the right to withhold certification for longer if a service chief hasan objection or if an unforeseen issue arises.
“If there’s an outstanding issue that we just didn’t anticipate, we certainly would reserve the right for that service chief, one, to have a voice in it, and two, to potentially … delaying activity,” Cartwright said.
Until certification takes place, Stanley said gay service members could still be discharged under current law. He added he’s heard “nothing about” a moratorium from within the Pentagon that would prevent discharges until that time, despite calls from lawmakers and activists to issue such an order.
In October, the Pentagon issued new regulations raising the discharge authority under “Don’t Ask, Don’t Tell,” which seem to have brought expulsions to a halt.
One lingering concern is whether the benefits that gay service members will receive will be on par with the benefits afforded to their straight counterparts.
Stanley’s guidance states that the Defense of Marriage Act prohibits the U.S. military from affording many benefits to same-sex partners of service members, but other benefits, such as death benefits, would still be available.
During the news conference, Stanley said the Pentagon plans no policy changes for benefits, but added leadership still may look at “emerging things” that may come forward as open service is implemented.
“There could be some things we aren’t anticipating,” Stanley said. “That’s why this is not so locked in and concrete. We’re saying, ‘Right now, no policy changes dealing with benefits.” But there could be something we don’t know about and that’s what aperture kind of remains slightly open.”
In a statement, Joe Solmonese, president of the Human Rights Campaign, said Stanley’s memo was too limited in proposing new benefits and protections for gay troops.
“While this implementation plan is a step in the right direction, it is critical that the Department address benefits issues and non-discrimination protections so that all service members are treated equally,” Solmonese said.
The HRC statement says that greater parity in benefits could be accomplished by revising regulations to add same-sex partners to the definitions of “dependent,” “family member,” or other similar terms in military regulations.
Further, HRC asserts that the Military Equal Opportunity program could be amended so gay servicemembers have a way to address discrimination complaints.
“Equalizing benefits and non-discrimination programs will ensure that gay, lesbian and bisexual service not be seen as different from their colleagues but rather on an level playing field,” Solmonese said.
Richard Socarides, president of the watchdog group Equality Matters, said he was disappointed non-discrimination protections by way of executive order or regulatory change weren’t mentioned during the news conference as a way to move forward.
“For implementation to succeed, the President must set a clear non-discrimination rule as President Truman did in 1948 when he desegregated the armed forces,” Socarides said. “That is the kind of leadership we need today.
Asked during the news conference what legal recourse gay service members would have if they faced discrimination, Stanley said the military code or principles already troops from being treated unfairly.
“The remedies you have are the remedies that already exist,” Stanley said. “There’s no need to create new remedies for that.”
Cartwright added service members have the right to speak to a superior officer if they feel they are being treated unfairly.
“We make sure that an individual has a way to remedy, even if they’re not sure that this was a law or a policy that was broken,” Cartwright said.
Pressed on whether a service members could assert discrimination based on sexual orientation to a superior officer, Cartwright said he would defer comment to a lawyer on the “exact right language” in addressing the issue.
Download Stanley’s guidance here.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
The White House
White House debuts action plan targeting pollutants in drinking water
Same-sex couples face higher risk from environmental hazards
Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.
The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.
In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”
“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”
Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.
“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”
The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.
An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.
During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.
New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.
The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”
“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.
With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.
Maine
Maine governor signs transgender, abortion sanctuary bill into law
Bomb threats made against lawmakers before measure’s passage
BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.
With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.
An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.
The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.
It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.
You can see the findings section of the bill here:
The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:
The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”
The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.
Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.
The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.
When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.
Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.
See a few of the extensive health insurance and malpractice provisions here:
Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.”
Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”
The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.
Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.
****************************************************************************
Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
******************************************************************************************
The preceding article was first published at Erin In The Morning and is republished with permission.
After Biden signs TikTok ban its CEO vows federal court battle
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
Bowser budget proposal calls for $5.25 million for 2025 World Pride
White House debuts action plan targeting pollutants in drinking water
Health care for Marylanders with HIV is facing huge cuts this summer
Daniel Zamudio murderer’s parole request denied
State Department releases annual human rights report
‘Amm(i)gone’ explores family, queerness, and faith
Joe Vogel campaign holds ‘Big Gay Canvass Kickoff’
