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How goes transition to open military service? Don’t ask

Gay troops face host of new challenges after repeal of ‘Don’t Ask, Don’t Tell’

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Mark Takano, United States House, California, gay news, Washington Blade
Mark Takano, Democratic Party, California, United States House of Representatives, gay news, Washington Blade

Rep. Mark Takano (D-Calif.) has co-sponsored a bill that would ensure married gay veterans receive benefits. (Washington Blade photo by Michael Key)

Despite rosy pronouncements from the Obama administration and others about the supposedly smooth transition to open service in the military following the lifting of “Don’t Ask, Don’t Tell,” a host of new problems has emerged for gay and lesbian troops.

Stephen Peters, president of the American Military Partners Association, said “there are clearly challenges that remain” for gay service members following the implementation of open service.

“These military families are still facing challenges that need to be addressed sooner rather than later,” Peters said. “All they are asking for is to be treated the same way as their counterparts — simple equality, no more and no less.”

In the past week, attention has focused on state national guard units refusing to process spousal benefit applications for troops in same-sex marriages; an Army base having to make special arrangements for chaplains to accommodate a lesbian couple; gay veterans not receiving benefits in non-marriage equality states; and the condition for gay cadets at the Air Force Academy, where a practitioner of “ex-gay” conversion therapy holds a leadership role.

Nat’l Guards refusing benefits for gay troops

Several state national guards continue to refuse to process spousal benefit applications for troops in same-sex marriages, citing state constitutional amendments banning gay nuptials. This comes after an edict from Defense Secretary Chuck Hagel saying he’s directed the National Guard Bureau to ensure the guards follow Pentagon policy to provide these benefits everywhere in the wake of the Supreme Court decision against the Defense of Marriage Act.

One state that has received significant attention is Oklahoma, where Gov. Mary Fallin on Nov. 6 ordered her national guard facilities to stop processing benefits altogether and directed all couples — gay and straight — to federal installations within her state to apply for benefits.

“Oklahoma law is clear,” Fallin said. “The state of Oklahoma does not recognize same-sex marriages, nor does it confer marriage benefits to same-sex couples. The decision reached today allows the National Guard to obey Oklahoma law without violating federal rules or policies.”

Like other states, Fallin cited a constitutional amendment prohibiting same-sex marriage or conferral of spousal benefits to gay couples. In the case of Oklahoma, voters approved an amendment banning same-sex marriage in 2004 by 75 percent of the popular vote.

According to the National Guard Bureau, a total of five states are not complying with the edict: Texas, Mississippi, Georgia, Louisiana and South Carolina. The list omits Oklahoma, but the Guard wouldn’t respond to a request for comment on why the state isn’t included.

These states maintain only the processing of same-sex benefit applications is being denied, so once these troops are enrolled in the Defense Enrollment Eligibility Reporting System, they’d be able to receive them wherever their assignment. However, LGBT advocates have said participation by same-sex couples in national guard activities, such as “Strong Bonds” retreats for married couples, is threatened by these states’ decisions.

Although the Pentagon has threatened additional action if these states refuse to comply with the Defense Department directive on benefits, a Defense official wouldn’t speculate as to what this action would be.

“These are federal ID cards paid for with federal funding to provide federally mandated benefits,” the official said. “The Secretary has directed General Grass to resolve this issue with the TAGs. We’re not going to speculate on legal options at this time.”

Some ideas that have been speculated include a lawsuit against these states, deprivation of federal funds or federalization of these guards by President Obama.

Gay veterans not receiving spousal benefits

Also gaining attention in recent weeks is the inability of gay veterans to obtain certain spousal benefits if they live in a non-marriage equality state.

Even though the Supreme Court struck down part of DOMA, Section 103(c) of Title 38 looks to the state of residence, not the state of celebration, in determining whether a couple is married. That means that gay veterans who marry their same-sex partner in one state and move to another that doesn’t recognize their marriage can’t apply for benefits while living in that state.

Rep. Tim Walz (D-Minn.), the highest-ranking enlisted soldier ever to serve in Congress, last week introduced a bill that would change Title 38 to enable benefits to flow to gay married veterans no matter where they live.

Joining him as original co-sponsors for the bill, known as the Protecting the Freedoms and Benefits for All Veterans Act, were gay Rep. Mark Takano (D-Calif.) and Reps. Richard Hanna (R-N.Y.) and Ileana Ros-Lehtinen (R-Fla.).

In an interview with the Blade, Takano said the legislation is a “backup” plan should the Obama administration decide it must continue enforcing the marriage state of residency statute even after the Supreme Court ruling against DOMA.

“We are not 100 percent sure whether the administration will or is able at this point to do that,” Takano said. “We’re introducing this legislation as a backup. We’re not finding fault with the administration; it’s just that it came to the attention of committee staff and the Equality Caucus in the Congress that this is a potential issue, and so we wanted to make sure that we drop along with the necessary Republicans and Democratic co-sponsors.”

Calls on the Obama administration to stop enforcing the state of residency statute under Title 38 in the wake of the court ruling against DOMA have previously come from Sen. Mark Udall (D-Colo.), who has called on the administration to stop enforcing the statute until a legislative fix happens.

Chaplains can’t accommodate gay couple on retreat

The issue of chaplains not being able to accommodate same-sex couples at “Strong Bonds” retreats run by the U.S. Army Chaplain’s Corps for members of the national guard has also emerged as an issue.

Last week, the American Military Partners Association issued a news release saying that a lesbian U.S. soldier, whose named wasn’t disclosed, and her same-sex spouse, Shakera Leigh Halford, were denied access to a retreat at Fort Irwin in California.

After the story generated media attention, the public affairs team at Fort Irwin shot back by insisting the couple wasn’t denied access, and instead the chaplains at the base had sought to find other chaplains to make accommodations.

Pamela Portland, a spokesperson for Fort Irwin, confirmed that account for the Washington Blade, saying chaplains had sought to find an appropriate person to make the accommodation following a Nov. 7 meeting between couples and the commanding general — even before the news story broke.

“We have eight chaplains here at Fort Irwin,” Portland said, “and they were restricted by their religious affiliation, they could not move ahead, but they immediately went out to find someone who could.”

Still, in a statement from the American Military Partners Association that followed, Halford decried the notion that she and her spouse required special arrangements.

“It makes the whole thing very awkward and embarrassing,” Halford said. “Why can’t we just be another couple at the retreat, like everyone else? Why do we have to have special arrangements?”

Air Force Academy hires ‘ex-gay’ advocate

Finally, the Air Force Academy in Colorado Springs, Colo., has received criticism after AMERICAblog first reported that Mike Rosebush, an advocate of widely discredited “ex-gay” conversion therapy, was hired by the Academy to oversee its character coaching program.

As AMERICAblog’s editor John Aravosis points out on his blog, Rosebush served as a clinical member of the National Association for Research & Therapy of Homosexuality, a fringe group that advocates for “ex-gay” therapy, and as a vice president of the anti-gay Focus on the Family.

“Rosebush’s entire career for the past two decades has been devoted to ‘curing’ gay people of what he clearly deems a problem, and what his former employers consider an illness and a depravity,” Aravosis writes. “How then could Rosebush not include a discussion of sexual orientation in his character and leadership coaching at the US Air Force Academy?”

During a conference call with reporters last week, the Air Force Academy presented three gay cadets at the Academy in an attempt to dispel the notion the Academy fostered an anti-gay atmosphere.

While presenting a general sense of acceptance, the cadets reportedly acknowledged they did face issues at the academy, but they had been addressed. To the consternation of reporters on the call, the Academy wouldn’t go into the nature of the issues, citing privacy concerns.

The presence of Rosebush at the academy inspired a response from the American Military Partners Association and the Human Rights Campaign, which both called for the removal of the “ex-gay” practitioner from the school.

“It’s stunning that Air Force Academy officials think it’s even remotely appropriate to have someone like Mike Rosebush in a leadership position,” HRC’s Fred Sainz said. “While it’s positive that some cadets feel the culture at the Academy is welcoming to openly LGB people, it’s undeniable that Mike Rosebush’s toxic views send a harmful message that there is something fundamentally wrong with being gay.”

In addition to these problems, other issues remain unresolved, such as the inability of transgender service members to serve openly in the military.

AMPA’s Peters said one pathway to accommodate many of the problems faced by gay service members is the codification of an explicit non-discrimination clause in the military’s equal opportunity policy — a request the Pentagon has repeatedly rebuffed.

“A reliable and trustworthy system must be in place to address incidents of inappropriate discrimination against gay and lesbian service members and to foster command climates that are supportive of all military families,” Peters said. “Inclusion of orientation in the non-discrimination policy would send a strong message that all service members, regardless of their sexual orientation or the gender of their spouse, deserve fair and equal treatment.”

Marc Mazzone, a spokesperson for the LGBT military group SPART*A, said new issues are entering the public dialogue following repeal of “Don’t Ask, Don’t Tell” and the Supreme Court decision against DOMA.

“The recent news gives a very loud and clear message we are moving into a dialogue on how to battle discrimination in its newest forms throughout the military, and we will be working to find a strong resolution to these problems to ensure all service members and spouses receive fair and equal treatment and benefits they are entitled to,” Mazzone said.

UPDATE: Shin Inouye, a White House spokesperson, responded to the Blade’s request to comment on the issues facing gay service members in the post-“Don’t Ask, Don’t Tell” after the posting of this article.

“The President remains proud of the repeal of ‘Don’t Ask, Don’t Tell,’ which has strengthened our national security and upholds the ideals that our fighting men and women risk their lives to defend,” Inouye said. “We are confident that the Department, under Secretary Hagel’s leadership, will ensure that all service members are treated with dignity and respect.”

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Caribbean

Dominica High Court of Justice strikes down sodomy law

Gay man challenged statute in 2019

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Dominica flag (Public domain photo)

Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.” 

Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

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Politics

Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

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Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriate to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.

“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

“A hearing setting does not give you ample time to expand,” he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.”

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