Connect with us

National

Gay troops challenge DOMA in federal lawsuit

Service members seeks partner benefits from U.S. military

Published

on

Gay troops and veterans joined the fight against the Defense of Marriage Act in court on Thursday by filing new litigation challenging the law on the basis that it precludes service members with same-sex partners from receiving crucial benefits.

Servicemembers Legal Defense Network filed the lawsuit, called McLaughlin v. Panetta, behalf of eight plaintiff couples in the District Court of Massachusetts. In addition to challenging DOMA, the litigation also challenges Title 10, Title 32 and Title 38 of U.S. Code, which prevents the military from providing benefits to the partners of gay troops.

Aubrey Sarvis, SLDN’s executive director, said during a news conference at the National Press Club that troops involved in the lawsuit are “seeking equal recognition, benefits and family support for their same-sex spouses that the services and the Department of Veterans Affairs provides to their straight married peers.”

“The case we are bringing is about one thing, plain and simple,” Sarvis said. “It’s about justice for gay and lesbian service members and their families in our armed forces rendering the same military service, making the same sacrifices and taking the same risks to keep our nation secure at home and abroad.”

Federal law prohibits the U.S. government from providing numerous benefits to gay troops. According to SLDN, among them are health insurance benefits, surviving spouse benefits and the issuance of military identification cards.

The lead plaintiff is Army Maj. Shannon McLaughlin, a judge advocate general who serves in the Massachusetts National Guard as chief of legal assistance and is a judge advocate general. She has served for 13 years and is married to her partner of more than three years, Casey McLaughlin. The two are raising ten-month old twins: Grace and Grant McLaughlin.

“For us, this inequity means that Casey is not eligible for health insurance and is unable to come onto post to make use of facilities services and family support that otherwise would be available if we were of the opposite sex,” Shannon McLaughlin said. “It boils down to this: we’ve been serving our country too long, working too hard and sacrificing too much to see our families denied the same recognition, support and benefits as our straight, married counterparts.”

Another plaintiff is Capt. Stephen Hill, an Army reservist of 18 years who gained notoriety after FOX News played his video question on “Don’t Ask, Don’t Tell” during a Republican presidential debate last month. Hill was booed by the audience, which sparked controversy over why none of the candidates condemned the booing while on stage.

Joshua Snyder, Hill’s spouse, said during the news conference FOX News didn’t play all of Hill’s question and the service member went on to ask about whether the GOP candidates would institute partner benefits for gay troops.

“Those questions went unanswered that night, and they will not be answered by the political process for quite some time,” Snyder said. “So, today, Steve and I have elected to take another route, the judicial route. We believe strongly that DOMA and laws like it ignore our families and treat us less than our [straight] married counterparts. They are an injustice and that’s why we’re here today.”

High-ranking members of the Obama administration are named in the lawsuit: U.S. Attorney General Eric Holder, Defense Secretary Leon Panetta and Secretary of Veterans Affairs Eric Shinseki.

Shin Inouye, a White House spokesperson, deferred comment on the specifics of the litigation to the Justice Department as he reiterated President Obama’s support for legislation to address the issue.

“I would note that the President has long called for a legislative repeal of the so-called Defense of Marriage Act,'” Inouye said. “He is proud to support the Respect for Marriage Act, which would take DOMA off the books once and for all. This legislation would uphold the principle that the federal government should not deny gay and lesbian couples the same rights and legal protections as straight couples.”

The Obama administration has stopped defending DOMA in court, so it’s likely the Justice Department will side with the plaintiffs in this case. Spokespersons for the departments involved in the litigation said the lawsuit remains under review.

Eileen Lainez, a Pentagon spokesperson said, “We will carefully evaluate the complaint and we will consult [the Justice Department.] In the meantime, we will continue to follow the law.”

Tracy Schmaler, a Justice Department spokesperson, said her department is “reviewing the complaint.”

Randy Noller, a VA spokesperson, said, “Once an appeal is filed, VA lawyers will analyze the legal arguments made by the appellant and respond appropriately in its briefs.”

Serving as SLDN’s pro-bono counsel in the case are Abbe Lowell and Christopher Man, attorneys at Chadbourne & Parke.

During the news conference, Man said previous rulings against DOMA in Massachusetts in will help in moving the litigation forward. A district court in the state ruled against the anti-gay law in two separate cases last year.

“A lot of the work that was necessary for us to move forward has already been done in that court,” Man said. “That court has already briefed the issues; they’re familiar with it. So, it made sense to go ahead and file it rather than reinvent the wheel before another court.”

Asked about the timeline for the lawsuit, Man said he plans to file a motion for summary judgment soon and hopes the district court will rule within “a few months.”

“The court has already ruled on the constitutionality of DOMA, it wouldn’t be very hard for it to apply that same analysis to our case,” Man said. “And because the president and the attorney general have indicated they will no longer be defending DOMA, it shouldn’t be must of a contest.”

The litigation is one among several lawsuits challenging DOMA that are making their way through the judicial system. In two cases, Gill v. U.S. Office of Personnel Management and Commonwealth of Massachusetts v. U.S. Department of Health & Human Services, plaintiffs were set to file a reply with the U.S. First Circuit of Appeals on the same day that the SLDN litigation was initiated. Another case, Pedersen v. OPM, has been filed in the U.S. District Court in Connecticut.

Gay & Lesbian Advocates & Defenders filed the Gill and Pedersen cases. Mary Bonauto, GLAD’s lead attorney for cases, responded to the lawsuit by saying her organization empathizes with the troops in the McLaughlin case.

“We have enormous respect and empathy for the service men and women being hurtby DOMA, and for all families hurt by DOMA,” Bonauto said. “Those couples are more great examples of how DOMA’s double standards make no sense. DOMA violates the Constitution that our menand women in the military are risking their lives to uphold.”

Bonauto added, “We believe the best way to end the harm is through getting a positive appellate ruling as soon as possible, and we are working hard to strike the blow that will end DOMA in our Gill case.”

At the news conference, Sarvis said he’s held conversation with other groups involved in DOMA litigation, but added they’ve been “very brief.”

“I wish we had more time to consult with them, but we were on a track, and, frankly, I was not aware that today was an important day for them with the respect to their briefing before the Court of Appeals,” Sarvis said. “But at the end of the day, we share the same objective here. I think we want to be in the best venue for all the plaintiffs, whether it’s the plaintiffs in Massachusetts in the Gill case or here in the McLaughlin case.”

The SLDN lawsuit also isn’t the only pending case that involved gay service members seeking partner benefits. Carmen Cordova, a Navy veteran who married her spouse in Connecticut last year, filed her own lawsuit earlier this month in the Court of Veterans Claims. Cordova reportedly applied for an increase in her monthly disability compensation after she was newly married, but was denied on the basis of federal law.

SLDN has filed the lawsuit as it and other organizations are pushing the Pentagon to make changes administratively to offer other benefits to gay troops. Among the benefits in this category are making same-sex married couples eligible for joint duty assignments, family center programs and military family housing.

As this effort is underway, Sarvis said litigation is necessary because federal law prohibits “big ticket” benefits from going to gay troops.

“That’s why we’ve brought this constitutional legal challenge to DOMA and to those three titles [of federal law],” Sarvis said. “The big ticket items are the ones that we are outlining in the suit.”

The Pentagon’s Lainez said the issue of providing certain benefits to service members with same-sex partners remains under review.

“In connection with ‘Don’t Ask, Don’t Tell’ repeal, the Defense Department is engaged in a careful and deliberate review of the possibility of extending eligibility for benefits, when legally permitted, to other individuals including same-sex partners,” Lainez said.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

California

LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

Published

on

On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

Continue Reading

U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

Published

on

Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

Continue Reading

The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

Published

on

Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

Continue Reading

Popular