Connect with us

National

Pentagon to offer partner benefits to gay troops

Panetta sets goal for implementation of Aug. 31

Published

on

Gay News, Washington Blade, Gay Servicemembers
Outgoing Defense Secretary Leon Panetta

Outgoing Defense Secretary Leon Panetta (Blade photo by Michael Key)

The Pentagon announced on Monday that it will start the process of offering limited benefits available under current law to gay troops with same-sex partners.

In a memo dated Feb. 11 to senior Pentagon officials, outgoing Defense Secretary Leon Panetta enumerated the benefits that will be afforded to gay troops — which include military IDs, joint duty assignments and access to the commissary — and set a goal for implementing these benefits by Aug. 31, but no later than Oct. 1.

“Taking care of our service members and honoring the sacrifices of all military families are two core values of this nation,” Panetta said in a statement accompanying the memo. “Extending these benefits is an appropriate next step under current law to ensure that all service members receive equal support for what they do to protect this nation.”

Other benefits that will be afforded are access to morale, welfare and recreation programs; sexual assault counseling; legal assistance; child care; and space-available travel on military aircraft. A full list of the benefits can be found on Attachment 2 of the Panetta memo here.

The memo states the Pentagon will “immediately proceed” with implementing these changes and provide a plan within 60 days.

However, the Pentagon won’t at this time offer certain benefits that LGBT advocates have been seeking under current law, such as access to on-base housing, covering costs for transportation to an overseas post and burial at Arlington National Cemetery.

During a news briefing on Monday, a Pentagon senior official said housing wouldn’t be offered because extending that benefit would be “violating the spirit” of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.

Panetta writes in the memorandum that the Pentagon will continue to review these benefits, indicating they haven’t yet been outright rejected.

“With regard to on-base housing, burial and benefits related to command sponsorship overseas, these benefits present complex legal and policy challenges due to their nexus to statutorily-prohibited benefits and due to ongoing reviews about how best to provide scarce resources,” Panetta wrote.

A Pentagon senior legal official at the briefing said the issue of housing was “sensitive” in 2010 as the Defense Department solicited comment among service members for its report on “Don’t Ask, Don’t Tell” because of the sense there isn’t enough housing for service members under current policy already.

“It’s a very sensitive issue because we don’t have enough housing for everybody,” the official said. “The other thing that factors is because it’s sensitive and there is a limited amount, you end up bumping people, and there’s sensitivity behind that. So, the secretary is going to let the working group work through it a little bit longer before they make a final decision.”

Asked who decided that housing shouldn’t be extended at this time, the Pentagon senior official said, “the decision was made by the department, by the department that we would not extend housing at this time.”

Despite the lack of inclusion of some benefits, OutServe-SLDN — which has called for the extension of these benefits since August 2011, before “Don’t Ask, Don’t Tell” was lifted — praised Panetta in a statement and described the move as “substantive.”

“Secretary Panetta’s decision today answers the call President Obama issued in his inaugural address to complete our nation’s journey toward equality, acknowledging the equal service and equal sacrifice of our gay and lesbian service members and their families,” said Allyson Robinson, executive director of OutServe-SLDN.

Shin Inouye, a White House spokesperson, said President Obama “welcomes” the benefits extension at the Pentagon. White House Press Secretary Jay Carney had previously told the Washington Blade the president was aware of the issue.

“The president welcomes the announcement by the Secretary of Defense that the department will extend certain benefits to the same-sex partners and families of service members based on its thorough and deliberate review of this issue,” Inouye said. “This step will strengthen our military and help ensure that all our troops and their families are treated with fairness and equality.”

The move will also be followed by the Coast Guard. In a statement following the news on Monday, Secretary of Homeland Security Janet Napolitano said she directed U.S. Coast Guard Commandant Adm. Robert Papp to implement partner benefits along the lines of the ones enacted in other branches of the military.

“The Department of Homeland Security and the U.S. Coast Guard stand with the Department of Defense on the extension of benefits for military same-sex partners,” Napolitano said. “The extension of benefits for military same-sex partners honors our Department’s guiding principles to treat all service members and applicants equally and with dignity and respect.”

Other benefits, such as health, pension and housing allowances, are precluded from gay service members because of Section 3 of DOMA. Litigation challenging that law, known as Windsor v. United States, is pending before the Supreme Court, and justices are expected to make a decision on the constitutionality of the law before their term ends in June.

Because implementation of these benefits won’t happen until months after the Supreme Court rules on DOMA, a decision from justices striking down the law could shake up which benefits will be afforded at that time.

“In the event that the Defense of Marriage Act is no longer applicable to the Department of Defense, it will be the policy of the Department to construe the words ‘spouse’ and ‘marriage’ without regard to sexual orientation, and married couples, irrespective of sexual orientation, and their dependents, will be granted full military benefits,” Panetta wrote.

The Pentagon senior official maintained the DOMA litigation had no impact on the timing to extend benefits and it was instead based on “what it takes to actually roll out the benefit.”

“Normally, you’re looking at eight months to a year or so,” the official said. “This is a very ambitious schedule. We’re really pressing hard to do this as quick as possible.”

The Pentagon senior legal official clarified the military IDs given to gay troops with same-sex partners or spouses will be different to denote these service members aren’t eligible for certain benefits under DOMA. The card won’t be a different color, although there will be a new code in place — “DP” — in the relationship category.

Gay service members need not be married to their same-sex partner for benefit eligibility. An unmarried same-sex couple can register with the Pentagon for benefits by signing a declaration attesting to the existence of their committed relationship. Benefits also may be available in some cases to the children of same-sex domestic partners.

The Pentagon senior official estimated the new benefits would reach 5,600 active duty troops, 3,400 members of the National Guard and Reserve and 8,000 retired service members. The official also said any cost of these benefits would be negligible on the federal government.

Pentagon officials have said since the time “Don’t Ask, Don’t Tell” was lifted in September 2011 that they’ve been reviewing the benefits issue, but no action has been taken until now. LGBT advocates, speaking on condition of anonymity, have said the military service chiefs objected to issuing these benefits because they believed the move would be seen as political if they were extended before the Supreme Court made a decision on DOMA.

The Pentagon senior legal official declined to comment on the opinion of the service chiefs when asked about any objections they might have had.

“There was a robust internal dialogue about all the issues,” the official said. “At the end of the day, the chiefs rendered their opinion and their advice to the secretary, and he considered it, and decided to do what he’s doing. To answer the question about what was the chiefs’ advice, I’ll defer to the chiefs.”

Beyond benefits, another move that LGBT advocates have been pushing for is an explicit non-discrimination policy for gay service members who feel they’re facing harassment or discrimination. OutServe-SLDN has said Defense Secretary nominee Chuck Hagel upon confirmation “must use his authority to ban discrimination” against LGBT service members.

The Pentagon senior official suggested the Defense Department was disinclined to take this action, saying, “We have not changed our policy at this time.” Asked to clarify if such a move is on the table, the senior official said, “The Pentagon’s position is always to treat all members with dignity and respect regardless of sexual orientation, and that has not changed.”

There will also be exclusion of these benefits for the partners of gay service members who are now deceased. Following the briefing, Pentagon spokesperson Lt. Cmdr. Nate Christiansen confirmed “there will not be grandfathering of benefits” for partners and spouses in this situation. That means Karen Morgan — the spouse of Chief Warrant Officer Charlie Morgan, who died Sunday after fighting DOMA and cancer — won’t be eligible for these benefits.

Chad Griffin, president of the Human Rights Campaign, said the Pentagon took a “historic step” by extending these benefits, but said more work is necessary as long as DOMA is in place.

“It’s time to right this wrong,” Griffin said. “When the Supreme Court considers the constitutionality of DOMA in the coming weeks, they should take note of the real harm this law inflicts every day. The Court should reflect on the sacrifice made by Americans like Staff Sergeant Tracy Johnson, whose wife was killed in action late last year, or the family of Chief Warrant Officer Charlie Morgan, who succumbed to cancer earlier this week. In both cases, DOMA barred specific benefits that could soften the tragic blow of the loss of a loved one.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

Published

on

(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

Continue Reading

Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

Published

on

The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

Continue Reading

New York

Gay ICE detainee freed after 150 days in detention

Cayman Islands native taken into custody before green card interview

Published

on

Allan Marrero, left, and Matthew Marrero (Photo courtesy of Middle Church)

Following nearly half a year in U.S. Immigration and Customs Enforcement detention, Allan Marrero has been released and is back home with his husband in New York.

Marrero spent 150 days in ICE custody, held in multiple detention centers across the U.S. after missing an immigration court hearing while in a rehabilitation program for alcohol addiction — a circumstance widely considered “good cause” for failing to appear.

The Washington Blade first reported on Marrero’s case in March after the Cayman Islands native was detained by ICE officers during what was supposed to be a routine marriage-based green card interview at 26 Federal Plaza in New York City.

Marrero had been married to his husband, Matthew Marrero, for two years at the time of the interview. But almost immediately, the experience turned hostile.

The Rev. Amanda Hambrick Ashcraft, a minister at Middle Church in Manhattan who accompanied the couple to provide spiritual support, later described the process as “dehumanizing” and “barbaric.”

During the interview, it became clear the couple was facing an uphill battle. At one point, when asked how they met, Matthew Marrero instinctively looked over at his husband and was “snapped at” and told not to look at him. As the interview continued, the outlook only grew more grim.

Unaware that he had a prior removal order tied to the missed court date while he was in rehab, Allan Marrero was detained on the spot.

Over the following months, Allan Marrero was transferred through multiple detention facilities, including centers in Arizona and Texas, the Everglades Detention Facility — also known as “Alligator Alcatraz,” which has been described as having “unsanitary inadequate conditions” — and ultimately a detention center in Mississippi.

While in custody, Allan Marrero was denied access to prescription medication and, according to advocates, was psychologically pressured by ICE agents to self-deport rather than remain detained while his legal case proceeded.

Although a judge later reopened his case and granted bond after Allan Marrero provided proof that he had been in rehab — a valid medical reason for missing his court date — ICE used procedural mechanisms to keep him detained. A separate judge later issued a ruling denying relief, leaving Allan Marrero in custody.

On the outside, Matthew Marrero said his life felt as though it had been put on pause so ICE could meet enforcement quotas.

“[It feels like] somebody came in and kidnapped someone close to you and took away all of your control and power,” Matthew Marrero told the Blade on March 7. “You shouldn’t be able to have this much control over somebody’s life, especially if they are trying to do the right thing … You’re not going after criminals, you’re not going after the worst of the worst. You’re trying to fill a quota.”

Alexandra Rizio, Allan Marrero’s attorney with Make the Road New York, a progressive grassroots immigrant-led organization, told the Blade that “there seems to be an underlying element of cruelty baked into not only this administration, but everything.”

“It didn’t have to go down that way,” Rizio continued. “If someone goes in for a green card interview and their marriage interview, and they learn that they have a removal order, what the USCIS officer could have done is say, ‘Look, you have a removal order in your name. You need to go hire an attorney right away to get this taken care of. I can’t adjudicate your green card…’ And if you hire a lawyer, you know, you might be able to get it straightened out. Of course, that’s not what happened. And so ICE, which was in the building, were called and they did arrest Allan.”

The Marreros are scheduled to hold a press conference on Tuesday at Middle Church, where Allan Marrero will speak publicly for the first time about his detention.

For additional information on the press conference please visit middlechurch.org

Continue Reading

Popular