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Hagel pledges to move ‘expeditiously’ on benefits for gay troops

Defense secretary nominee addresses ongoing Pentagon review

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Chuck Hagel, gay news, Washington Blade
Chuck Hagel, Secretary of Defense, gay news, Washington Blade

Defense secretary nominee Chuck Hagel faced his confirmation hearing before the Senate on Thursday. (Washington Blade photo by Michael Key)

Former Sen. Chuck Hagel has pledged to “move forward expeditiously” on the issue of extending partner benefits to gay service members if confirmed as defense secretary.

During his confirmation hearing on Thursday before the Senate Armed Services Committee, the Nebraska Republican reiterated his support for open service and said he would do “everything possible” to extend equal benefits to all military families.

“As I’ve discussed with many of you in our meetings, I am fully committed to implementing the repeal of ‘Don’t Ask, Don’t Tell’ and doing everything possible under current law to provide equal benefits to the families of all, all our service members,” Hagel said in his opening statement.

In written responses to committee questions made public on the same day as the hearing, Hagel promised to move “expeditiously” in response to an inquiry on whether he would ensure that the report from the Pentagon benefits review group is expedited and sent to Congress.

“If confirmed, I will work closely with the Department of Defense civilian and military leadership to move forward expeditiously on this issue and will inform the appropriate Congressional committees of decisions as they are made,” Hagel writes.

The U.S. military is prohibited from offering major partner benefits — such as health and pension benefits — to gay troops because of the Defense of Marriage Act and other laws, but other benefits — like military ID cards, joint duty assignments, access to family programs, legal services and housing — could be extended administratively at any time under secretarial directive.

Since the time “Don’t Ask, Don’t Tell” was lifted in September 2011, Pentagon officials have consistently said they’ve been reviewing the benefits that could be extended to gay service members. However, no action has been taken.

Hagel addressed this ongoing review at the Pentagon in response to a question on the status of this report and when the group is expected to produce it.

“I understand that this review is not taking the form of a report, per se, but has involved assembling detailed information on individual benefits (including whether each such benefit might be made available under current law, and options for how to do so) to support decision making by the senior civilian and military leadership of the Department, and also that those decisions are currently under active consideration,” Hagel wrote. “If confirmed, I will review the work that has been undertaken during the course of the benefits review and will work closely with the Department of Defense civilian and military leadership to move forward expeditiously on this issue.”

Allyson Robinson, executive director of the LGBT military group OutServe-SLDN, praised Hagel for promising leadership on issues important to gay service members.

“After two years of equivocation and delay by Pentagon leadership, it is gratifying to see Sen. Hagel show the kind of clear, unambiguous support for our service members and their families we saw today,” Robinson said. “It is an historic day when issues critical to gay and lesbian service members and their families take center stage in a confirmation hearing for Secretary of Defense.”

But LGBT issues related to the military received scant attention during the question-and-answer portion of the hearing, which lasted about eights hours. Republican committee members, such as Sens. Lindsey Graham (R-S.C.) and Ted Cruz (R-Texas), instead focused on past comments Hagel made suggesting that he’s anti-Israel and is lenient on Iran. Democratic senators like Tim Kaine (D-Va.) and Joe Manchin (D-W.V.) drew attention to the fact that Hagel would be the first secretary of defense who once served as an enlisted soldier in the Army.

Other members asked him about military programs important to their states, such as Sen. Angus King (I-Maine), who asked Hagel about his commitment to naval programs and cyber warfare.

But in some portions, LGBT issues were referenced. Sen. Kirsten Gillibrand (D-N.Y.) said she needs a “strong commitment” from Hagel that he’ll work to extend partner benefits for gay service members —in addition to confronting sexual assault against women, referencing reports that there are 19,000 such incidents in the military each year — and said the status quo won’t be acceptable.

“Well, you have my complete commitment on that,” Hagel said. “I’ve made that commitment to members of the committee that I’ve spoken to. I mentioned that point in my opening statement, if you recall.”

Gillibrand said she had already spoken to Hagel privately about these issues and was submitting a question to him for the record.

Another point of discussion relevant to LGBT service members took place when Sen. Mark Udall (D-Colo.) asked about the “conscience” provision that was signed into law as part of the Fiscal Year 2013 Defense Authorization Act and whether Hagel would ensure that language won’t lead to discrimination against gay troops.

“Absolutely,” Hagel replied. “I will faithfully and diligently enforce our laws. All men and women deserve the same rights, and I can assure you that would be a high priority.”

But that response seemed to trouble Sen. Roger Wicker (R-Miss), who followed up at the start of his questioning by asking Hagel whether he believes a military chaplain can opt out of officiating over same-sex weddings. Hagel at first noted that same-sex marriage is legal in nine states, but Wicker sought additional clarification over whether a chaplain could bow out of those ceremonies.

“Certainly,” Hagel replied. “But what we don’t want, though — Sen. Udall’s point is — someone being denied to be married in a chapel or a facility.”

protester, GetEqual, gay news, Washington Blade

Protester at the Senate Armed Services Committee hearing (Washington Blade photo by Michael Key)

Prior to the start of the hearing, a female protester apparently affiliated with GetEQUAL held a sign, reading, “We Serve Equally; We Deserve Equality,” and shouted at Hagel to make good on his promise to extend partner benefits to gay troops. She was escorted out by Capitol Police.

The issue of outstanding benefits for gay troops has received significant attention recently in the wake of a spousal club at the Fort Bragg Army base in North Carolina refusing to admit Ashley Broadway, the spouse of lesbian soldier Lt. Col. Heather Mack. The club, which initially said Broadway was unable to join because she lacked a military ID, ultimately granted Broadway full membership.

Still, groups such as OutServe-SLDN and the Human Rights Campaign have called on outgoing Defense Secretary Leon Panetta to take action on the benefits issue before his retirement.

Earlier this week, Sens. Gillibrand and Jeanne Shaheen, who are both members of the Senate Armed Services Committee, wrote a letter to Panetta asking him to “extend as many benefits as possible to LGBT members’ families.”

“Repeal of ‘Don’t Ask, Don’t Tell’ was a critical step to ensuring our military retains all the best and brightest and does not discriminate against any Americans,” the senators write. “But, the lack of equal benefits undermines those service members whose families are denied the programs offered for military families.”

Hagel’s questionnaire responses build off a commitment he expressed earlier in a Jan. 14 letter to Sen. Barbara Boxer in which he said he supports “Don’t Ask, Don’t Tell” repeal and would “do everything possible to the extent permissible under current law to provide equal benefits to the families of all our service members.”

After the hearing, OutServe-SLDN’s Robinson expressed disappointment in a statement that the issue of non-discrimination for LGBT service members wasn’t addressed. Gay service members currently have no recourse outside of their chain of command for claims of discrimination or harassment based on sexual orientation.

“It’s time for our nation’s military leaders to send a clear message that relegating LGBT service members to second-class status is no longer acceptable,” Robinson said. “If Sen. Hagel is confirmed, he must use his authority to ban discrimination and guarantee equal opportunity for lesbian, gay, bisexual, and transgender members of the military.”

The Hagel nomination has been controversial within the LGBT community because of his poor voting record on LGBT issues while a U.S. senator from Nebraska and because he called then-ambassadorial nominee James Hormel in 1998 “openly aggressively gay.” Hagel has since apologized for the anti-gay remarks and the former ambassador supports his confirmation.

UPDATE: This posting has been edited for clarity and updated with additional comments from Hagel and senators.

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

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.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

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.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measure’s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Mills’s office)

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.” 

Related

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.

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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.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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