National
Hagel confirmed as defense secretary
Senate approves controversial nominee, 58-41
Defense secretary nominee Chuck Hagel was confirmed by the Senate by a 58-41 vote (Washington Blade photo by Michael Key)
The U.S. Senate confirmed former Sen. Chuck Hagel as defense secretary on Tuesday following assurances that he would work on behalf of LGBT military families and controversy over his anti-gay past.
Senators approved the Nebraska Republican’s nomination by a 58-41 vote late in the afternoon. That confirmation vote took place more than four hours after the Senate invoked cloture to end debate on his nomination by a vote of 71-27.
In a statement, President Obama commended the Senate for confirming Hagel on a bipartisan vote — along it was the first time ever a defense secretary nominee was filibustered — and called the new Pentagon chief “the leader our troops deserve.”
“I will be counting on Chuck’s judgment and counsel as we end the war in Afghanistan, bring our troops home, stay ready to meet the threats of our time and keep our military the finest fighting force in the world,” Obama said. “Most of all, I am grateful to Chuck for reminding us that when it comes to our national defense, we are not Democrats or Republicans, we are Americans, and our greatest responsibility is the security of the American people.”
Last week, a previous vote in the Senate to proceed with the Hagel confirmation was 58-40, which was short of the 60-vote threshold needed to end a filibuster and move on to confirmation. Hagel was confirmed on Tuesday as a result of Republicans changing their votes on whether to end debate on the nomination.
Among those casting a vote in favor of Hagel was lesbian Sen. Tammy Baldwin (D-Wis.), who previously told Washington Blade she had a “very good conversation” with him and would support his nomination. Last month, Baldwin said she had “tough questions” about his view of the post-“Don’t Ask, Don’t Tell” military.
Hagel’s nomination was controversial in the LGBT community because of remarks he made in 1998, when he said the U.S. ambassador to Luxembourg, Jim Hormel, shouldn’t be confirmed to the post because he’s “openly aggressively gay.” Hagel also had a dismal voting record on LGBT issues during his tenure in the U.S. Senate. Just prior to his nomination as defense secretary, Hagel apologized for the anti-gay remarks.
Since being nominated for the position of defense secretary, Hagel has expressed a commitment to gay service members, saying he supports “Don’t Ask, Don’t Tell” repeal and pledged as part of testimony before the Senate to move “expeditiously” to enact certain benefits for troops with same-sex partners that are allowed despite the Defense of Marriage Act.
Earlier this month, outgoing Defense Secretary Leon Panetta announced most of these benefits would be enacted —and set a goal for implementing them by Aug. 31, but no later than Oct. 1. Hagel will be responsible for seeing through their implementing them in addition to other benefits — such as health and pension benefits — that may be awarded to gay troops with same-sex partners if the Supreme Court strikes down DOMA.
Allyson Robinson, executive director of the LGBT military group OutServe-SLDN, praised the Senate for confirming Hagel, but urged him to go further in his commitment to LGBT troops by instituting non-discrimination protections for gay service members.
“It has been reassuring to see Sen. Hagel show the kind of clear, unambiguous leadership in support of our service members and their families he has demonstrated in recent months,” Robinson said. “Now he has the opportunity to turn his commitments into action, and we look forward to working with him to ensure our military embodies the same values of fairness and equality it protects.”
Currently, no recourse exists for gay service members outside of their chain of command if they feel they’ve experienced discrimination based on their sexual orientation.
However, in response to requests to implement an explicit non-discrimination policy, Pentagon officials reiterate the current policy to treat everyone in the military with fairness.
OutServe-SLDN had previously called on President Obama to issue an executive order instituting a non-discrimination policy for LGBT service members.
Hagel’s confirmation was a rocky road made more so because of Republican opposition to his nomination. Senators like James Inhofe (R-Okla.) and Roy Blunt (R-Mo.) attempted to filibuster his nomination on the basis of positions he’s taken on Iran and Israel, including his decision not to sign a 2000 letter by the American Israel Public Affairs Committee.
The Log Cabin Republicans ran full-page ads opposing Hagel in The Washington Post and The New York Times — expressing similar concerns about his positions on Iran and Israel as well as concern over anti-gay remarks made against Hormel.
Gregory Angelo, executive director of Log Cabin Republicans, said upon news of Hagel’s confirmation he’ll be watching the defense secretary to see if the repudiation of his previous anti-gay comments and commitment to LGBT military families is genuine.
“It is up to Secretary Hagel to turn his recent words into actions,” Angelo said. “We will be watching to make sure his change of heart is sincere and look forward to working with him on the completion of the implementation of ‘Don’t Ask, Don’t Tell’ repeal.”
NOTE: This article has been updated to include a statement from President Obama.
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Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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