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Schatz introduces bill for discharged gay veterans

‘Restore Honor to Service Members Act’ would streamline process to change paperwork

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Brian Schatz, Democratic Party, Hawaii, United States Senate, U.S. Congress, gay news, Washington Blade
Brian Schatz, Democratic Party, Hawaii, United States Senate, U.S. Congress, gay news, Washington Blade

Sen. Brian Schatz (D-Hawaii) has introduced a bill to aid discharged gay veterans. (Photo public domain)

A Hawaii Democrat introduced on Thursday new legislation in the U.S. Senate that would ensure gay veterans discharged because of their sexual orientation have the designation of “honorable” discharge on their records.

The bill, known as the Restore Honor to Service Members Act, would apply to gay veterans who were in service prior to the lifting of “Don’t Ask, Don’t Tell” in 2011, when the U.S. military expelled troops for being openly gay.

Sen. Brian Schatz (D-Hawaii), the chief sponsor, said “Don’t Ask, Don’t Tell” repeal was “a watershed moment,” but his bill would address remaining issues for the estimated 114,000 service members expelled because of their sexual orientation since World War II.

“Yet thousands of former service members still bear the scars of that discrimination, with their military records tarnished with discharges other than honorable and marks on their records that compromise their right to privacy,” Schatz said. “Many of these brave men and women that served our country are currently barred from benefits that they earned and are entitled to, and in the most egregious cases they are prevented from legally calling themselves a veteran. This needs to be corrected now.”

Although many service members were given an “honorable” discharge from the military if they were expelled because of their sexual orientation, others were given “other than honorable,” “general discharge” or “dishonorable” discharge.

As a consequence, these former troops may be disqualified from accessing certain benefits, such as GI bill tuition assistance and veterans’ health care, and may not be able to claim veteran status. In some cases, they may be prevented from voting or have difficulty acquiring civilian employment.

Even troops who received “honorable” discharges may have difficulties in the aftermath of their service because their sexual orientation may be identified as the reason for the discharge.

Although an administrative process already exists for service members to change their records, the proposed legislation would streamline the process to ensure these designations don’t impair former members of the armed forces.

Joining Schatz in introducing the legislation is Sen. Kirsten Gillibrand (D-N.Y.), who said allowing service members to change their discharges if they were expelled because of their sexual orientation demands immediate attention.

“A clean, honorable record is long overdue for veterans who were discharged solely because of who they love,” Gillibrand said. “Our veterans served our country courageously and with dignity and we must act to give them the appropriate recognition they deserve.”

The legislation has 17 co-sponsors — all Democrats. They are Mark Udall (D-Colo.), Mazie Hirono (D-Hawai‘i), Amy Klobuchar (D-Minn.), Al Franken (D-Minn.), Mark Begich (D-Alaska), Gillibrand, Ed Markey (D-Mass.), Ron Wyden (D-Ore.), Michael Bennet (D-Colo.), Ben Cardin (D-Md.), Maria Cantwell (D-Wash.), Chris Murphy (D-Conn.), Barbara Boxer (D-Calif.), Robert Menendez (D-N.J.), Martin Heinrich (D-N.M.), Cory Booker (D-N.J.) and Charles Schumer (D-N.Y.).

Denny Meyer, national public affairs officer for the LGBT group known as American Veterans for Equal Rights, said her organization supports the bill.

“LGBT veterans who served and sacrificed in silence during World War II, Korea, and Vietnam, as well as those who served before and during ‘Don’t Ask Don’t Tell’ in the Gulf War, Iraq, and Afghanistan, deserve to see their service recognized and honored at long last,” Meyer said. “We endorse and support the efforts by Senators Schatz and Gillibrand and Congressmen Pocan and Rangel to move forward the Restoring Honor to Our Service Members Act, which will accelerate discharge upgrades.”

In joint statement, gay Rep. Mark Pocan (D-Wis.) and Charlie Rangel (D-N.Y.), who are taking the lead on the legislation in the House, commended the senators for introducing the Senate companion.

“This bill would close the book on “Don’t Ask Don’t Tell” and provide tens of thousands of gay veterans, who selflessly risked their lives for our nation,” Pocan and Rangel said. “Our bill already has the support of more than 140 House members, and we look forward to working with Senators Schatz and Gillibrand to ensure it can pass Congress and get to the President’s desk.”

Upon the introduction of the bill in July 2013, Rangel said during a conference call with Pocan he wants the White House and the Pentagon to support the legislation.

“We’re hoping we get this involved in the Department of Defense,” Rangel said at the time. “We hope, too — we haven’t talked about it, Mark — but there’s no question we’re looking to get White House support as well.”

Seven months later at the time of Senate introduction, the White House still hasn’t spoken out. The White House didn’t immediately respond to a request to comment on the bill.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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