Commentary
Recalling the struggle to repeal ‘Don’t Ask, Don’t Tell’
10 years later, gov’t still cleaning up the mess of failed law
Franklin Burch was ecstatic marching down the street waving a small American flag and an “Uncle Sam: I Want You” poster during the March on Washington for Lesbian, Gay, and Bi Equal Rights and Liberation. “Gays and lesbians have a right to serve,” the 70-year old gay vet from Los Angeles told the Washington Post on April 25, 1993. “This is America, and we have these rights.”
An estimated 700,000 LGBTQ and allies agreed, marching past the White House and pouring onto the Mall, many grasping for hope during the horrific Second Wave of AIDS. An idealistic optimism was palpable. Gays had voted en masse to elect Bill Clinton as president of the United States, ejecting the Reagan-Bush administration that ignored the deaths of a generation of gay men. Clinton had promised money for AIDS research and pledged nondiscrimination policies, including lifting the ban on gays and lesbians serving in the military.
ANGLE’s David Mixner, a Clinton friend from the anti-Vietnam War days, strenuously pointed out that the U.S. military was America’s largest employer, enabling gay people stuck in hateful environments to get out, get an education, see the world and serve their country. Not giving gays that opportunity was unfair, and therefore, un-American.
The March on Washington program opened with a stunning Robin Tyler-produced encapsulation of the moment – a sense of pride in our patriotism. To a recording of military theme songs, flag-bearing gays and lesbians who had been drummed out of the military marched onstage, accompanied by some active-duty military coming out publicly based on Clinton’s promise. Navy Officer Keith Meinhold and Army Col. Margarethe “Grethe” Cammermeyer ended the procession, with Cammermeyer calling everyone to attention. The crowd – including me – stood at attention, too, tears streaming down our faces at the courage of our people to serve a country that still treated us as deviants.
Then Dorothy Hajdys took the stage carrying a framed photo of her son, Petty Officer Third Class Allen Schindler, murdered six months earlier in a public toilet in Sasebo, Nagasaki, Japan by two shipmates. The coroner said Schindler’s injuries were worse “than the damage to a person who’d been stomped by a horse.” Schindler could only be identified by the tattoos on his arm. The March on Washington crowd gave Hajdys a 10-minute standing ovation. We knew the cost of freedom.
House Speaker Nancy Pelosi read a letter from Clinton, who didn’t attend or send a video, as expected. “I stand with you in the struggle for equality for all Americans, including gay men and lesbians,” Clinton wrote. “In this great country, founded on the principle that all people are created equal, we must learn to put aside what divides us and focus on what we share.”
Liberal Democratic icon Sen. Edward M. Kennedy spoke via an audio tape, comparing our March to the famous civil rights march of 1963. “We stand again at the crossroads of national conscience,” Kennedy said.
But there were hints of a coming storm. Robin Tyler tore a Clinton telegram of apology on stage as unacceptable. “A Simple Matter of Justice” banner flapped in the background as beloved ally actress Judith Light said: “I am grateful to you, the gay and lesbian community, for the impact you are having on all of society. I am grateful for your teaching Colin Powell about equal opportunity. I am grateful for your teaching Sam Nunn about moving into the 20th century. I am grateful for your teaching George Bush about the consequences of irresponsible neglect and misuse of power. And you are in the process of teaching President Clinton the importance of being a leader and the dangers of compromising with what is right and just.”
But teaching doesn’t equal lessons learned. Clinton betrayed us, agreeing to a Nunn-devised “compromise” on lifting the gay ban called “Don’t Ask, Don’t Tell, Don’t Pursue.” Democratic Sen. Sam Nunn and Republican John Warner evoked horrific “gay sexual predator” images as they went aboard a submarine to ask sailors how they’d feel lying in such proximity to a gay shipmate. The subtext was clearly an invitation to harass those suspected of being gay and lesbian. Witch hunts were sport.
The cruelty of DADT went beyond the physical. If a buddy on the frontlines in Iraq or Afghanistan was killed by an improvised explosive device (IED), the gay service member could not share the fear, the pain, the trauma because letters back home were checked and psychiatrists and chaplains had to report gay-related confessions. The lives of 14,000 gay, lesbian and bisexual service members were ruined by the time DADT officially ended a decade later, on Sept. 20, 2011. Today, marking the 10th anniversary of the official repeal, the Veterans Administration concedes it is still catching up with all the damage governmental politics created. It’s estimated that more than 114,000 LGBTQ service members or those perceived to be LGBTQ were discharged between Franklin Burch’s service in World War II and the repeal of DADT.
“Although VA recognizes that the trauma caused by the military’s decades-long policy of discrimination against LGBTQ+ people cannot be undone in a few short months, the Biden administration and Secretary McDonough are taking the steps necessary to begin addressing the pain that such policies have created. LGBTQ+ Veterans are not any less worthy of the care and services that all Veterans earn through their service, and VA is committed to making sure that they have equal access to those services,” writes Kayla Williams, a bisexual veteran and assistant secretary for public affairs in VA’s Office of Public and Intergovernmental Affairs on the VA blog.
Clinton’s betrayal broke our hearts and ruined lives. But amazingly, it did not stop us — which attorney C. Dixon Osburn, a civilian graduate of Georgetown University Law, recounts in his just released must-read book “Mission Possible: The Story of the Repealing of ‘Don’t Ask, Don’t Tell.’” This is the stunning story of how Osburn and attorney Michelle Benecke, a Harvard Law graduate and former Army captain, founded Servicemembers Legal Defense Network to immediately help desperate service members and work with nonprofit allies and law firms to challenge DADT in the courtroom and in the court of public opinion.
“Mission Possible” completes an important trilogy about LGBTQ people serving in the U.S. military, next to “Coming Out Under Fire,” by Alan Bérubé and Randy Shilts’ “Conduct Unbecoming: Lesbians and Gays in the U.S. Military.” These books are not only LGBTQ history, but about our patriotism and what drives our private lives — and how government has intervened to block us at every step based on bias.
“Mission Possible” is also a book about endurance, ingenuity, and triumph. If a united gay voting bloc and 700,000 people on the Mall and thousands more back home didn’t give Clinton enough clout or backbone to keep his promise to lift the gay military ban – SLDN needed a smart, comprehensive strategy and a willingness and stamina to keep their eyes on the distant prize of repealing DADT. After educating an anti-military community and fighting a “graveyard mentality” that believed that lifting the gay ban was impossible, they had to figure out how to secure bipartisan support.
And there was bipartisan support, privately. “Party sticks with party, unless there’s a breakthrough, Osburn says, noting that GOP Sen. Lisa Murkowski told him: “You have to create the moment so I can be with you.”
With the discharge of the Arab linguists, DADT became less an issue of civil rights and more publicly an obstacle to national security. There are scores of nail-biting behind-the-scenes stories about how SLDN shifted the public and military consciousness from July 1993 to September 20, 2011, “when President Barack Obama, Secretary of Defense Robert Gates, and Admiral Mike Mullen, chairman of the Joint Chiefs of Staff, certified to Congress that implementing repeal of the policy would have no effect on military readiness, military effectiveness, unit cohesion, or recruiting and retention.”
Dec. 18, 2010 – on Osburn’s birthday – the Senate finally voted to deliver more than 60 votes to overcome Republican Sen. John McCain’s repeated and stubborn use of the filibuster to block repeal. There are echoes of political machinations of today.
There are crafty stories, as well, illustrating the absurdity of DADT. For instance, Army Sergeant Darren Manzella, Osburn writes, “was the epitome of the competent, well-regarded openly gay soldier who put a lie to the belief that his mere presence would weaken military readiness. He was out to his Army buddies and had even introduced them to his boyfriend.” In 2006 at Fort Hood, he started getting anonymous emails and “calls warning him that he was being watched and to ‘turn the flame down.’” He sought advice from his commanding officer which triggered an investigation, with which Manzella fully cooperated. The Army concluded he wasn’t gay and told him to go back to work. He was subsequently deployed to Iraq, then Kuwait, unsure whether a new commander would discharge him.
SLDN reached out to Manzella to see if he’d be willing to do a 60 Minutes interview, explaining the pros and cons if he went forward. He said yes, but how to do it knowing the Army wouldn’t grant permission? SLDN communications director Steve Ralls came up with a plan. “Manzella signed up to run in the Army marathon in Kuwait. At a predetermined point, he veered off-course to a waiting car that whisked him to a hotel, where he changed into civilian clothes and met with correspondent Lesley Stahl. After the interview, he changed back into his running clothes, the crew doused him with sweaty water, and the car whisked him back so he could cross the finish line,” Osburn writes. “Once the segment was broadcast, the Army could no longer pretend that Manzella wasn’t gay, or that ‘Don’t Ask, Don’t Tell’ was a law with an on-off switch. He was discharged six months later and became one of the many vocal advocates for repeal.”
On Dec. 22, 2010, President Barack Obama kept the campaign promise he made and signed the repeal of Don’t Ask, Don’t Tell. “For we are not a nation that says, ‘don’t ask, don’t tell.’ We are a nation that says, ‘Out of many, we are one.’ We are a nation that welcomes the service of every patriot. We are a nation that believes that all men and women are created equal. Those are the ideals that generations have fought for. Those are the ideals that we uphold today,” Obama said. “And now, it is my honor to sign this bill into law.”
“There’s been a lot of progress in the last 10 years – despite the last four,” Osburn says. “It’s all been teed up by SLDN.”
But we still are not fully first-class citizens, though we now have the right to serve and die for our country. The Equality Act is next.
Commentary
Fly the Rainbow Flag in honor of Laura Ann Carleton, an LGBTQ ally
Murder in Cedar Glen, Calif., has sparked outrage around the country
The Gilbert Baker Foundation mourns the Aug. 18 murder of Laura Ann Carleton, a gift shop owner in Cedar Glen, Calif. A longtime LGBTQ+ ally, Lauri was shot dead by a man who complained about the Pride flag displayed at her store. Carleton leaves behind a husband and nine children.
The world has reacted with anger to this shocking hate crime. But people should not be surprised. This is the inevitable conclusion of mounting Republican Party and conservative attacks on the LGBTQ+ community. They label us as groomers, they lie that we are recruiting children. They ban our books, halt trans care, censor our school curricula. And all this hatred creates more hatred. Now it has led to the brutal and senseless murder of a straight woman whose only crime was to support her LGBTQ+ friends by flying a Pride flag.
The blood of Lauri Carleton is on the hands of every conservative politician who makes verbal and legislative attacks on the LGBTQ+ community. Make no mistake; this horrendous crime is no isolated incident. Across the country the Rainbow Flag has been banned in 40 cities. Right-wing legislators have also tried to ban the flag nationally — over 30 members of the U.S. House of Representatives voted for such a proposal earlier this year. This wave of censorship and anti-LGBTQ+ sentiment has created a climate ripe for hate crimes, and now a brutal murder in Cedar Glen.
The Gilbert Baker Foundation unequivocally condemns the rhetoric of hatred promoted by conservative and homophobic politicians. Words have consequences. Words of hate have even greater consequences. In memory of Lauri Carleton, the foundation asks every American to display a Rainbow Flag — at their homes, at their businesses — to let the haters across America.
Charles Beal is the president of the Gilbert Baker Foundation.
Commentary
Legal registration of NGOs is vital for advancing human rights of LGBTQ, intersex rights in Africa
Kenya and Eswatini groups have won legal victories this year
By MULESA LUMINA, KAAJAL RAMJATHAN-KEOGH AND TANYA LALLMON | Upholding the human rights of lesbian, gay, bisexual, transgender, nonbinary, other gender diverse and intersex (LGBTQI+) people remains a pivotal human rights concern across Africa. In recent years, despite significant but sporadic victories in several African courts affirming the human rights of individual members of non-governmental organizations (NGOs) working to uphold LGBTQI+ rights, including their members’ right to freedom of association, many obstacles hinder such organizations’ ability to register with appropriate authorities in order to operate legally.
As unpacked in a webinar organized by the International Commission of Jurists, such obstacles include bureaucratic red tape, a dearth of domestic laws explicitly prohibiting discrimination based on sexual orientation, gender identity, gender expression or sex characteristics (SOGIESC) and the existence of criminal laws targeting and perpetuating discrimination against LGBTQI+ individuals. The severe anti-LGBTQI+ backlash from community and religious groups exacerbates the situation and compounds these obstacles, further undermining advocacy efforts.
The Kenyan Supreme Court in February 2023 ordered that the National Gay and Lesbian Human Rights Commission be allowed to register because the authorities’ initial decision to refuse registration was discriminatory and unconstitutional, violating the right to freedom of association solely because of the sexual orientation of the organization’s members. In June this year, the Supreme Court of Eswatini became the latest African apex court to rule in favor of registering a LGBTQI+ human rights NGO, directing the minister responsible for registering companies to reconsider his initial refusal because, procedurally, it violated the Constitution. While the Swazi Supreme Court’s ruling in the case did not necessarily rely on a clear statement upholding the human rights of LGBTQI+ people in Eswatini, this remains a welcome decision. Seven years prior, the Botswana Court of Appeal ordered the Registrar of Societies to register Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) on the grounds that the refusal to register LEGABIBO as an organization was unlawful and a violation of the right to freely associate.
Still, across Africa, civil society organizations continue to oppose the denial of registration and seek redress for violations of the right to freedom of association of their members. Nyasa Rainbow Alliance (NRA), for instance, is one such organization with a pending decision in their legal quest for registration. NRA’s case is still awaiting hearing and determination by three judges of the Malawian Constitutional Court.
The right to freedom of association is a fundamental foundation of any democratic society. Exercising this right by forming and legally registering NGOs is essential for enhanced advocacy since it allows organizations to apply for funding, operate bank accounts that hold these funds, employ staff, work with international partners, and access global and regional human rights mechanisms and fora.
As noted by the African Commission on Human and People’s Rights (African Commission) in its Guidelines on Freedom of Association and Assembly in Africa, the rights to freedom of association and assembly under the African Charter “are inextricably intertwined with other rights”. Further, in the matter mentioned above the Supreme Court of Kenya also emphatically stated, “[g]iven that the right to freedom of association is a human right, vital to the functioning of any democratic society as well as an essential prerequisite [for the] enjoyment of other fundamental rights and freedoms, we hold that this is inherent in everyone irrespective of whether the views they are seeking to promote are popular or not.”
It goes without saying that human rights NGOs play a critical role in upholding democratic principles and safeguarding human rights by mobilizing collective action, holding governments accountable, offering direct assistance to victims of human rights violations, challenging discriminatory laws and policies and more. The Triangle Project, for example, is a South African NGO that has been instrumental in amplifying awareness of anti-LGTBQI+ hate crimes, influencing policy change and supporting victims.
NGOs advocating for the human rights of LGBTQI+ persons, in particular, empower and protect these oft-marginalized individuals by offering awareness-raising platforms, connecting them with key stakeholders, and providing access to resources and services that might otherwise be denied to them. During the COVID-19 lockdowns, many LGBTQI+ Africans were abruptly cut off from the NGOs that were their safe havens and sources of social and economic support. Additionally, amid increasing hostility towards LGBTQI+ persons in many African countries, including Ghana, Nigeria and Uganda, NGOs like the Initiative for Equal Rights (TIERs) and LGBT+ Rights Ghana provide crucial protective spaces.
Having legal status is also a prerequisite for holding observer status and participation in the sessions of bodies like the African Commission on Human and Peoples’ Rights. However, the withdrawal of the Coalition of African Lesbians’ observer status by the African Commission and recent denials of such status to Alternative Côte d’Ivoire, Human Rights First Rwanda, and Synergía – Initiatives for Human Rights undermine the right to freedom of association and represent missed opportunities to ensure that the human rights of marginalized groups, including LGBTQI+ persons, are placed on the African human rights agenda.
Registration of LGBTQI+ human rights organizations in Africa is more than a matter of legal formality. It can be a significant step towards bolstering advocacy and promoting human rights for all. It is truly unconscionable that, in 2023, LGBTQI+ people continue to endure violence, persecution, discrimination and bigotry amid the reignited backlash against their human rights in multiple African countries. It is essential for governments to protect the right to freedom of association by dismantling barriers to registration and working closely with these groups to realize the human rights of all people. Only through collective efforts can we build an inclusive society that is able to guarantee the right to dignity of all persons and offer protection and non-discrimination to all.
Mulesa Lumina is the Legal and Communications Associate Officer for the International Commission of Jurists’ (ICJ’s) Africa Regional Program, Kaajal Ramjathan-Keogh is ICJ Africa’s Director and Tanya Lallmon is a former ICJ Africa intern.
Commentary
Queer parenthood explored: A transparent dive into surrogacy and hope
Matthew Schueller hosts ‘Who’s Your Daddy?’ podcast with husband
This is a guest commentary by Matthew Schueller for News is Out.
I feel extraordinarily lucky. As a kid, I never imagined my life could look like this. Growing up in the closet in the mid-Willamette Valley of Oregon, an area many consider to be the conservative Bible Belt of the Pacific Northwest, I didn’t think it was possible for me to find love, let alone get married. It’s humbling to see now that I’ve proved myself wrong. It is truly contrary to what I thought my life would be like 10 years ago, so to be here now in the process of starting a family is absolutely ridiculous to me. It already feels like a miracle, so the fact that we can even attempt to bring life into this world as a gay couple blows my mind.
I’ve always wanted to have kids, but I didn’t start seriously considering the possibility of surrogacy until I met Michael and our relationship became more serious. As I learned more about it and started looking into it more, I realized that it was the best path for us at the time. We started looking for an egg donor and surrogate mother at the beginning of 2021 when we officially made the decision to start the process.
That being said, we know it’s still not that easy. While it’s been around for a while, surrogacy is still riddled with mystery, inaccessibility, and unpredictability. What we quickly realized when we started to look at our options was that we didn’t know the first thing about starting a family as a queer couple, and neither did most of our friends and family! When we started researching online, we found a ton of different information (often conflicting) from a variety of sources. We didn’t even know where to start, so we began calling up IVF clinics and surrogacy agencies.
We spent months researching the process and figuring out what exactly this might look like for us, how much it would cost, and how we should mentally prepare. I think that’s what inspired us to start sharing. We saw a lot of couples online sharing their stories after the fact — after the babies had arrived and everything looked fantastic — but we didn’t see many couples sharing their stories as it was happening. To us, the process of surrogacy looked like a mysterious black curtain where most of the details were not quite clear.
Our goal is to share the process of having kids as a gay couple as it’s happening, the good and the difficult. We believe alternative paths to parenthood should be accessible to all queer couples, and we think that starts with shedding light on how these processes actually work. With knowledge, there’s power. And since many of us in the LGBTQ+ community don’t know the options available for family planning, we don’t know where to start to enact change.
Many paths to parenthood are largely considered to only be attainable by the extremely privileged and wealthy — but we know that gender, sexuality, and income level should not determine whether or not someone can have a family, so why is that not considered true for queer couples? There are a lot of big questions that have come up, so my husband, Michael, actually encouraged me to start a podcast with him to interview individuals who’ve experienced alternative paths to parenthood and experts who can provide insight and education. Thus, the birth of the “Who’s Your Daddy?” podcast.
Over the last 19 months, we’ve found our egg donor, created embryos and actively sought our gestational carrier. While there have been many ups and downs, we are really excited for the next steps in hopefully finding our surrogate soon. The first difficult decision was trying to figure out where we would undergo the process. We interviewed quite a few surrogacy agencies and IVF clinics, and we connected well with a doctor in Texas. We just had a good feeling about it, so we went with our gut. At the time, we didn’t think much of where our egg donor or surrogate could be located: We thought it didn’t really matter if they were far away from us. We were under the impression that pursuing surrogacy in Texas might be significantly cheaper than on the West Coast, and perhaps lead to a quicker matching time since there are just way more people in the Dallas area than in the entire state of Oregon.
Our minds changed. As the clinic progressed through egg donation and embryo creation, we started to feel the distance weighing on us. Not only did the importance of being physically close to where our surrogate would be located but also we began reflecting on how the state laws could impact us. Just over the last year, Texas has taken sweeping action against access to abortion. So what does that mean for all those in the state considering being a surrogate? If pregnancy complications were to occur, how difficult would it be for a surrogate to access the needed medical care? It’s unclear. It’s understandable that the change in state law could cause concern for many considering becoming a gestational carrier and therefore limit the pool of people willing to carry in the state.
Legal implications aside, we want to be there for the ultrasounds, doctor’s appointments and of course the childbirth. Being far away from where our surrogate lives makes that difficult. Now, we recommend those considering surrogacy to look into your local laws, determine how those might impact you and then consider the closest reputable IVF clinics in your area before searching far away.
Our embryos were created last December. While 30 eggs were harvested, only five embryos made it to viability. I’m the genetic half of four of the embryos, while Michael is the genetic half to one. It was a difficult experience. On one hand, we were incredibly happy that we were able to produce five viable embryos. On the other hand, we’re extremely nervous. Our goal starting out was to have twins, each of us the genetic father of one. With only having one embryo on Michael’s side, that means there’s just one chance at a transfer. If it were to fail, we’re just not sure it’s financially feasible to repeat the IVF process and try for more embryos. So, we’re hopeful. Optimism can be powerful here, so we look at this as having five embryos–five wonderful chances to have a baby. We might not end up with twins like we first sought to do, but if we’ve learned one thing from this entire journey, it’s that we cannot control what we cannot control. Surrogacy and IVF are seriously unpredictable processes, and we’re just hopeful to see what miracle biology will bring.
Matthew Schueller is a content creator and registered nurse. He hosts the “Who’s Your Daddy” podcast along with his husband, Dr. Michael Lindsay. You can follow @MichaelandMatt on Instagram, TikTok and YouTube.
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