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Hagel to direct nat’l guards to offer same-sex benefits

Pentagon chief makes announcement at Anti-Defamation League meeting

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Chuck Hagel, Department of Defense, Pentagon, gay news, Washington Blade
Chuck Hagel, Department of Defense, Pentagon, gay news, Washington Blade

Defense Secretary Chuck Hagel is directing national guard to process benefits applications for troops in same-sex marriages (Washington Blade file photo by Damien Salas).

Defense Secretary Chuck Hagel announced Thursday evening that he’s directing national guards throughout the country to process benefit applications for troops in same-sex marriages regardless of their state laws.

Hagel made the announcement during a speech before the Anti-Defamation League’s centennial meeting in New York City.

In his speech, the defense secretary spoke out against the decision by certain national guards to deny benefit applications for troops in same-sex marriages, referencing the directive he issued in August indicating spousal benefits for gay troops should be available worldwide after the Supreme Court decision against the Defense of Marriage Act.

“But several states today are refusing to issue these ID cards to same-sex spouses at National Guard facilities,” Hagel said. “Not only does this violate the states’ obligations under federal law, their actions have created hardship and inequality by forcing couples to travel long distances to federal military bases to obtain the ID cards they’re entitled to.”

Hagel said he’s directed the Chief of the National Guard Bureau Gen. Frank Grass “to take immediate action” to remedy this situation.

“At my direction, he will meet with the Adjutants General from the states where these ID cards are being declined and denied,” Hagel said. “The Adjutants General will be expected to comply with both lawful direction and DoD policy, in line with the practices of 45 other states and jurisdictions.”

A senior defense official, speaking on condition of anonymity, counted nine states with national guards that are refusing to process benefit spousal applications for gay troops and said Hagel is “prepared to take further action” if these states don’t comply with Pentagon policy.

Asked by the Washington Blade what this “further action” would be, the senior defense action declined to speculate, but noted military ID cards are processed through federal funds.

“These are federal ID cards paid for with federal funding to provide federally mandated benefits,” the official said. “I’m not going to speculate on our legal options.”

Actions that advocates had previously posited include a restriction of federal funds at these facilities or, in an extreme case, the federalization of these national guards by President Obama.

The Washington Blade has previously reported that Texas, Mississippi, Louisiana and Oklahoma are refusing to enter the spouses of gay troops into the Defense Enrollment Eligibility Reporting System for the purposes of benefits, which include health and pension benefits, because of their state laws prohibiting same-sex marriage. Instead, they’ve directed troops in same-sex marriages to federal installations.

The national guard in South Carolina had opted out of processing benefit applications altogether and is directing all couples — gay and straight — to go to federal installations.

But the senior defense official also counted Indiana, Georgia, Florida and West Virginia as having made similar declarations, making for a total of nine states. According to the senior defense official, that means 114 Army and Air National Guard sites that are not providing ID cards to eligible same-sex spouses.

Advocates had been pressuring the Obama administration to take action. In a letter earlier this month, Sen. Carl Levin (D-Mich.) and Rep. Adam Smith (D-Wash.), the top defense Democrats in Congress, wrote to Hagel to encourage him to take action.

Stephen Peters, president of American Military Partners Association, heaped praised on Hagel for taking action against these national guards that weren’t complying with Pentagon policy.

“Secretary Hagel has made it clear the national guard in these few rogue states are failing to live up to their obligations to military families under federal law,” Peters said. “We applaud him in showing strong leadership by ordering the national guard in these states to comply and follow lawful direction and DoD policy. No matter what state of our great nation they serve in, no military spouse should be treated differently just because of their orientation.”

Hagel said in his speech that all members of the national guard are entitled to the same benefits because they’re fighting for the same purpose.

“Whether they are responding to natural disasters here at home, in their states, or fighting in Afghanistan, our National Guardsmen all wear the uniform of the United States of America,” Hagel said. “They are serving this country. They – and their families – are entitled to all the benefits and respect accorded to all of our military men and women.”

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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Senegal

Senegalese lawmakers approve bill to further criminalize homosexuality

A dozen men arrested in February for ‘unnatural acts’

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(Image by xileodesigns/Bigstock)

Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.

The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.

The bill passed with near unanimous support. Only three of 135 MPs abstained.

President Bassirou Diomaye Faye is expected to sign the measure.

The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.

Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”

Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”

“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.

Türk also urged Faye not to sign the bill.

“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk. 

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