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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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National

Detroit teen arrested in fatal stabbing of gay man

Prosecutor says defendant targeted victim from online dating app

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Officials say Ahmed Al-Alikhan allegedly fatally stabbed Howard Brisendine. (Photo of Al-Alikhan courtesy of the Detroit Police Department; photo of Brisendine via GoFundMe)

A 17-year-old Detroit man has been charged with first-degree murder for the Sept. 24 stabbing death of a 64-year-old gay man that prosecutors say he met through an online dating app.

A statement released by the Wayne County, Mich., Prosecutor’s Office says Ahmed Al-Alikhan allegedly fatally stabbed Howard Brisendine inside Brisendine’s home in Detroit before he allegedly took the victim’s car keys and stole the car.

The statement says police arrived on the scene about 4:04 p.m. on Sept. 29 after receiving a call about a deceased person found in their home. Upon arrival police found Brisentine deceased in his living room suffering from multiple stab wounds, the statement says.

“It is alleged that the defendant targeted the victim on an online dating app because he was a member of the LGBTQ community,” according to the prosecutor’s statement.

“It is further alleged that on Sept. 24, 2024, at the victim’s residence in the 6000 block of Minock Street in Detroit, the defendant stabbed the victim multiple times, fatally injuring him, before taking the victim’s car keys and fleeing the scene in his vehicle,” it says.

It further states that Al-Alikhan was first taken into custody by police in Dearborn, Mich., and later turned over to the Detroit police on Oct. 1. The statement doesn’t say how police learned that Al-Alikhan was the suspected perpetrator. 

In addition to first-degree murder, Al-Alikhan has been charged with felony murder and unlawful driving away in an automobile.

“It is hard to fathom a more planned series of events in this case,” prosecutor Kym Worthy said in the statement. “Unfortunately, the set of alleged facts are far too common in the LGBTQ community,” Worthy said. “We will bring justice to Mr. Brisendine. The defendant is 17 years and 11 months old – mere weeks away from being an adult offender under the law.”

She added, “As a result of that and the heinous nature of this crime, we will seek to try him as an adult.”

A spokesperson for the prosecutor’s office said the office has not designated the incident as a hate crime, but said regardless of that designation, a conviction of first-degree murder could result in a sentence of life in prison. The spokesperson, Maria Lewis, said the prosecutor’s office was not initially disclosing the name of the dating app through which the two men met, but said that would be disclosed in court as the case proceeds.

The NBC affiliate station in Detroit, WDIV TV, reported that Brisendine was found deceased by Luis Mandujano, who lives near where Brisendine lived and who owns the Detroit gay bar Gig’s, where Brisendine worked as a doorman. The NBC station report says Mandujano said he went to Brisendine’s house on Sept. 29 after Brisendine did not show up for work and his car was not at his house.

Mandujano, who is organizing a GoFundMe fundraising effort for Brisendine, states in his message on the GoFundMe site that Brisendine worked as a beloved doorman at Gigi’s bar.

“We will do what we can to honor Howard’s life as we put him to rest,” Mandujano states in his GoFundMe message. “He left the material world in a volatile manner at the hand of a monster that took his life for being gay. Let’s not allow hate to win!”

In response to a Facebook message from the Washington Blade, a spokesperson for Gigi’s said the money raised from the GoFundMe effort will be used for Brisendine’s funeral expenses and his “remaining bills.” The spokesperson, who didn’t disclose their name, added, “Any leftover money will be donated to local LGBTQ nonprofit groups to combat hate.”

The GoFundMe site can be accessed here.

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World

Out in the World: LGBTQ news from Asia and Europe

11 same-sex couples applied to register marriages in South Korea

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(Los Angeles Blade graphic)

SOUTH KOREA

Eleven same-sex couples have applied to register their marriages in what the group are saying is the first step in a legal challenge for same-sex marriage rights in South Korea. 

The couples had their marriage applications rejected by the local district offices, so they filed objections with the local courts. The couples allege that the current law, which bans same-sex marriage, violates their constitutional rights to equality, and the pursuit of happiness.

Among the couples pursuing the cases is Kim Yong-min and So Sung-wook, who earlier this year won a case at the Supreme Court seeking to require the government to provide health benefits to same-sex partners. The National Health Insurance Service has, however, continued to deny claims by same-sex couples in defiance of the ruling, saying that there are no clear legal standards of what constitutes a same-sex couple.

South Korea does not have any legal framework for recognizing same-sex couples, and the country lacks national-level discrimination protections for LGBTQ people. Legislators have also tended to be hostile to queer rights, with the Seoul Queer Culture Festival facing repeated bans from the city government.

The courts have also taken an inconsistent view on LGBTQ rights. In 2022, the Supreme Court severely curtailed a law that banned soldiers from having same-sex intercourse, a ruling that was overturned the following year by the Constitutional Court, a co-equal top court of South Korea’s judicial system. 

CYPRUS

The Cypriot parliament began debate this week on a bill that would stiffen existing penalties for hate crimes, following a string of violent attacks on LGBTQ people on the island over the past year.

The bill would raise the maximum penalty for anti-LGBTQ hate crimes from three years to five years in prison and double the maximum fine to €10,000 ($10,924.35.)

The bill comes after more than 10 anti-gay attacks have been reported to police on the Mediterranean island of 1 million people this year alone. 

Last month, a gay man claimed he was assaulted by a security guard outside a Limassol nightclub. 

Last year, police issued arrest warrants for five students at Limassol’s Technical University of Cyprus, alleging they threw smoke bombs into an on-campus event hosted by Accept-LGBTI, the country’s leading queer advocacy group, then vandalized the room and assaulted a student attendee.

Separately, the government approved the drafting of the country’s first National Strategy for LGBTQ people.

The strategy will be drafted by the country’s human rights commissioner with representatives from the ministries of justice, education, interior, and health, as well as representatives from Accept-LGBTI and academia.

The goal of the strategy is to align Cyprus’s legislation with European Union directives, addressing discrimination, ensuring equality and security, and promoting an inclusive society for the LGBTQ community.

Currently, Cyprus lacks comprehensive anti-discrimination protections for LGBTQ people and does not have a straightforward process for transgender people to update their legal gender, both of which are increasingly norms expected of EU members. The state also does not allow same-sex marriage or adoption, although neighboring Greece legalized both earlier this year.

NETHERLANDS

The Dutch government’s statistics bureau released a report on National Coming Out Day that estimates that LGBTQ people make up approximately 18 percent of the country’s population, or approximately 2.7 million people.

The estimate is drawn from a study the bureau conducted last year on safety and criminality, which also asked its 182,000 participants about their gender identity and sexual orientation.

The study found that bisexual people make up by far the largest cohort of the country’s LGBTQ community, with 1.7 million people, or just over 11 percent of the population, with about 20 percent more bisexual women than men. Conversely, gay men make up about 1.8 percent of the population, while lesbians account for 0.7 percent of the population

Asexuals make up just under 2 percent of the population, while just over 1 percent identified as some other non-heterosexual orientation or said they didn’t yet know their sexual orientation.

About 1 percent of the population is estimated to be trans or nonbinary, just under 200,000 people. The study estimated the intersex population at about 45,000, or 0.3 percent of the population.

The study found that LGBTQ people tended to be younger and more likely to live in urban areas than the general population. It also found that the proportion of LGBTQ people born outside the Netherlands was slightly higher at 17 percent, compared to the general population, at 14 percent.

GERMANY

The German government has announced it plans to update adoption law to recognize co-maternity for lesbian couples and allow unmarried couples to adopt.

The government says the new law will recognize modern realities of adoption and procreation.

Married same-sex couples have had the right to jointly adopt since same-sex marriage became legal in Germany in 2017. However, current law still presents challenges for some couples. 

For example, when a lesbian couple conceives a child through assisted reproduction, the non-birthing parent is not automatically recognized as a parent, and must go through a legal process to adopt their own child.

The proposed law will address that issue, but it will not address male couples who conceive a child using a surrogate, as German law currently only recognizes single paternity.

The Federal Constitutional Court delivered a ruling earlier this year that opened the door to legal recognition of multi-parent families, although it gave legislators until June 2025 to figure out how that would work. The draft law, however, states that children will continue to have only two legal parents.

“The hassle of stepchild adoptions for two-mother families must be brought to an end. After all, children from rainbow families have a right to two parents from birth, and regardless of their gender,” says Patrick Dörr, a board member of the Queer Diversity Association, Germany’s largest LGBTQ advocacy group, in a statement to German newspaper DW.

The proposal would also allow more flexibility in adoptions, by allowing unmarried couples to jointly adopt. Under current law, if a couple is unmarried, only one person will be legally recognized as the adopted child’s parent.

The draft bill is now out for consultations with Germany’s state governments.

HONG KONG

Hong Kong’s Court of Final Appeal heard a case seeking to establish that same-sex couples can inherit property from each other last week, the latest same-sex couples’ rights case to reach the city’s top court. 

Last month, the Court of Final Appeal heard a case challenging the city government’s unequal treatment of same-sex couples seeking access to social housing. Both cases come after a 2023 ruling that found the government must give legal recognition to same-sex couples by a 2025 deadline.

The inheritance case was filed in 2019 by Edgar Ng, after he learned that his husband Henry Li could not inherit his government-subsidized apartment without a will. Ng passed away in December 2020, and Li has continued the case.

The government’s attorney told the court that the city does not recognize Ng and Li’s overseas marriage, and that they differ from a heterosexual married couple because heterosexual couples have a legal responsibility to financially support each other. The government’s position is that the court should not address inheritance rights until the government creates a framework for registering same-sex couples, as that could give rise to inconsistencies in the law.

Li’s attorneys, meanwhile, contested the suggestion that the inheritance issue could be settled with a written will, arguing that most people in Hong Kong die without a written will, and that written wills can be contested, unlike a legal marriage.

The court reserved its judgment for a later date.

Hong Kong, a former British colony, was returned to China in 1997, with the understanding that it would continue to operate as an autonomous unit for 50 years.

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Nigeria

Gay couple beaten, paraded in public in Nigeria

Incident took place in Port Harcourt this week

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(Bigstock photo)

A gay couple was beaten and paraded in public this week because of their sexual orientation.

In a video clip shared by Portharcourt Specials on X, the couple who appeared half naked were being insulted and slapped on the back, with one showing trails of blood on his back. The incident took place in Rumuewhara in Port Harcourt.

Although consensual same-sex sexual relations are criminalized in Nigeria and punishable by death on some states, many Nigerians viewed the attack against the couple as distasteful, arguing rapist or pedophiles don’t face the same treatment.

“This is where you will see Nigerians very active on; on matters that don’t concern them because why is someone’s sexual orientation your problem? We are well deserving of politicians that punish us well,” said Rinu Oduala, a human rights activist.

No Hate Network Nigeria, an LGBTQ rights organization, said the couple’s public victimization was a stark reminder of the rampant homophobia in the country.

“The brutal attack on the gay couple is appalling and unacceptable,” said the organization. “It’s a stark reminder of the rampant homophobia and intolerance in Nigeria.” 

“Such violence is often fueled by discriminatory laws, societal norms, and lack of education, this incident highlights the urgent need for increased advocacy, education, and protection for LGBTQI+ individuals,” added No Hate Network Nigeria.

No Hate Network Nigeria also highlighted the plight of LGBTQ people in the country who are constantly under attack due to current laws and cultural and religious norms.

“The LGBTQI+ community in Nigeria faces extreme risks, including violence, harassment, and persecution, the Same-Sex Marriage (Prohibition) Act of 2014 exacerbates these challenges, effectively criminalizing LGBTQI+ individuals,” said No Hate Network Nigeria. “Many live in fear, hiding their identities to avoid persecution, the community requires enhanced support, safe spaces, and robust advocacy to ensure their basic human rights.”

For many LGBTQ people in the country, remaining in the closet is the only way they can preserve their life. They often flee Nigeria if they decide to come out.

There is currently no appetite from any lawmakers to amend or repeal parts of Section 21 of the Criminal Code Act (Penal Code) that are used to arrest, charge, and prosecute those who identify as LGBTQ.

In northern states where Sharia law is practiced, one who is found to identify as LGBTQ or is an advocate may face death by stoning.

Although not widely practiced, death by stoning is the preferred punishment in many of the northern states if a Sharia court finds someone guilty of engaging in consensual same-sex sexual relations. A number of local and international human rights organizations in recent years have condemned this punishment. It is, however, still enforced in some of these states.

No Hate Network Nigeria said amending parts of the Criminal Code Act and repealing the Same Sex (Prohibition) Act might give relief to LGBTQ people in the country.

“Repealing or amending discriminatory laws, like the Same-Sex Marriage (Prohibition) Act, implementing education and awareness campaigns to combat homophobia, establishing safe spaces, and support networks for LGBTQI+ individuals and strengthening law officials’ response to hate crimes as well as holding perpetrators accountable, will aid in averting and combating attacks on LGBTQI+ individuals,” said No Hate Network Nigeria.

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