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‘Don’t Ask’ repeal a tough act to follow

ENDA, marriage up next — but how long will they take?

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Rep. Barney Frank was at the enrollment ceremony for the 'Don't Ask' repeal (Blade photo by Michael Key).

A precursor of more LGBT rights advances to come? Or the last victory that the LGBT community will see for some time as Republicans retake the House in January?

Either way, LGBT rights advocates agree the legislative repeal of “Don’t Ask, Don’t Tell” was a major victory that will send to the dustbin of history a 17-year-old statute barring open gay and lesbian Americans from the armed forces.

On Tuesday, a number of lawmakers said repeal of “Don’t Ask, Don’t Tell” represents a seismic change in how the United States has come to view LGBT people over the course of the past 17 years. The remarks were made during the enrollment ceremony in which U.S. House Speaker Nancy Pelosi (D-Calif.) signed the legislation to send it to President Obama’s desk. Obama signed the bill into law on Wednesday.

Sen. Barbara Boxer (D-Calif.) recalled that in 1993, as a freshman member of the U.S. Senate, she offered an amendment to major defense budget legislation containing “Don’t Ask, Don’t Tell” to strip the bill of the then-proposed gay ban before it was implemented.

“I offered an amendment to take it out 17 years ago, and I got 33 votes,” Boxer said. “Here’s the amazing irony — wonderful irony — is that on the procedural vote … in the Senate this time, only 33 people said, “Let’s keep it in,” and the rest said, ‘Get rid of it.’”

Rep. Barney Frank (D-Mass.), the longest-serving openly gay lawmaker in Congress, said the repeal of the military’s gay ban checks off an important outstanding goal that LGBT advocates had been seeking for some time.

Frank recalled that in 2006, then-Rep. John Hostettler of Indiana urged people in his district not to vote for his Democratic opponent Brad Ellsworth because his election would lead to the advancement of what Hostettler called the “radical homosexual agenda.”

“So let me own up to that agenda: it’s to be protected against violent crimes driven by bigotry, it’s to be able to get married, it’s to be able to get a job and it’s to be able to fight for our country,” Frank said. “Let me put them on notice! Two down, two to go!”

A number of LGBT advocates are hoping that the win with “Don’t Ask, Don’t Tell” will generate momentum for other victories such as relationship recognition for same-sex couples and passage of an employment non-discrimination law.

Winnie Stachelberg, vice president for external affairs at the Center for American Progress, said the conversations about gays in the military will lead to further discussions about other LGBT rights.

“The repeal of ‘Don’t Ask, Don’t Tell’ is not just going to be about the military,” Stachelberg said. “It enables conversation about workplace discrimination that we haven’t been able to have. It will have implications for state legislative battles and other issues.”

A Senate Democratic aide, who spoke to the Washington Blade on condition of anonymity, said “Don’t Ask, Don’t Tell” repeal will have a huge “psychological” impact on the Senate in terms of passing pro-LGBT legislation in the future because opponents of ending the gay ban — like Sen. John McCain (R-Ariz.) — failed in their efforts to stop repeal despite their best efforts.

“John McCain was absolutely neutered on this,” the aide said. “You saw how angry and vociferous he was on this, and he saw the foundation crack away under him. Republicans are no longer going to be as beholden to the arguments of yesterday that get put forward by people like McCain or [Sen. James] Inhofe.”

Patrick Egan, a gay political science professor at New York University, said repeal of “Don’t Ask, Don’t Tell” demonstrates the “maturing” of the LGBT community as a core constituency of the Democratic Party.

“This was no ‘flight by night’ effort by Obama,” Egan said. “It was a carefully considered, determined and well-planned, orchestrated effort by a Democratic administration to follow through on a campaign promise.”

Still, with a smaller Democratic majority in the Senate and Republican control of the House next year, most Capitol Hill observers see LGBT advances in the 112th Congress – such as passage of the Employment Non-Discrimination Act or relationship recognition laws — as difficult if not outright impossible.

The Democratic aide said the repeal of “Don’t Ask, Don’t Tell” helps build momentum in the Senate for LGBT issues, but the Republican-controlled House will likely be “a big stumbling block.”

“In the next Congress, we’ll probably see a reversed situation from what we saw in this Congress,” the aide said. “In this Congress, the House was more amenable to the pro-gay rights legislation, and the Senate was less amenable.

With the Republican House next Congress, we’ll see that it’s the Senate that becomes more amenable to pro-gay legislation.”

Egan also expressed pessimism about the passage of pro-LGBT bills in the next Congress because of the ascent of Rep. John Boehner (R-Ohio) as House speaker.

“When Republicans control even just one chamber of the legislature — as they’re going to do with the House in 2011 and 2012 — gay people just never win anything,” Egan said. “You really need Democratic control of legislatures — and typically the executive branch — in order for any significant movement on gay rights to occur.”

Still, Egan said affirmative votes on “Don’t Ask, Don’t Tell” repeal from senators like Jon Tester (D-Mont.) and Richard Burr (R-N.C.) could be a sign that LGBT bills will be seen as less partisan votes in the future.

“It indicates that legislators are becoming less afraid of voting in favor of gay rights — even on something as sensitive as military policy,” Egan said.

Stachelberg acknowledged that moving pro-gay legislation in the next Congress will be a “daunting task,” but said repeal of “Don’t Ask, Don’t Tell” will at least enable conversations to take place on issues such as job discrimination.

“I don’t want to suggest things will be easy because of it,” Stachelberg said. “But it’s a useful debate to have had and as implementation moves through the Pentagon, we’ll continue to be talking about workplace discrimination in a helpful way.”

Stachelberg said those working on the passage of ENDA “ought to learn” from the strategy of the “Don’t Ask, Don’t Tell” repeal campaign, which made those aggrieved by the status quo the public faces of the repeal effort.

She noted that gay service members outed under “Don’t Ask, Don’t Tell” were visible in the campaign and said it was “terribly important” in the effort.

“From Mike Almy, to [Victor] Fehrenbach, to [Anthony] Woods, to Stacey [Vasquez] to all the members of the military who suffered this discrimination coming forward telling their stories — it’s essential that our community tell the story of LGBT workplace discrimination in an equally powerful way,” she said.

Discussion has already emerged about whether the legislative repeal of “Don’t Ask, Don’t Tell” would have an impact on the issue of same-sex marriage or lead to greater support for gay nuptials among the public.

Stachelberg said open service in the U.S. military and same-sex marriage are “completely different issues,” but maintained discussion of the military’s gay ban could facilitate greater visibility for marriage.

“We should acknowledge that the path to LGBT equality, first of all, is not linear,” she said. “This ‘Don’t Ask. Don’t Tell’ debate helps because it provides a really great, clear discussion point about what just happened, and I think it will open up about marriage equality.”

Egan said repeal of “Don’t Ask, Don’t Tell” has already led social conservatives to make a distinction in their rhetoric between an end to the military’s gay ban and same-sex marriage.

“They need to concede that defeat and acknowledge that this is more or less a permanent change that reflects changing attitudes in society about gay people, but at the same time make the case that their argument about marriage is different,” Egan said.

Egan said he’s seen statements from social conservatives saying LGBT advocates through the repeal of “Don’t Ask, Don’t Tell” weren’t seeking to change the institution of the military, but are seeking to change the institution of marriage by advancing gay nuptials.

“It’s required a bit of a re-calibration of the arguments put forward by the anti-marriage advocates to portray themselves as not believing in discrimination, not believing in inequality, but instead trying to defend a cherished social institution,” he said.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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