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HISTORIC: Obama signs ‘Don’t Ask’ repeal

Implementation process for open service must follow

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President Obama signs "Don't Ask" repeal legislation into law (Blade photo by Michael Key).

The long fight to end a 17-year-old law barring open gays from serving in the U.S. military culminated in a significant milestone on Wednesday when President Obama signed into law a bill allowing for repeal of ā€œDonā€™t Ask, Donā€™t Tell.ā€

Prior to the signing, Obama said the legislation will strengthen national security and ā€œuphold the ideals that our fighting men and women risk their lives to defend.ā€

ā€œNo longer will our country be denied the service of thousands of patriotic Americans who are forced to leave the military, regardless of their skills, no matter their bravery or their zeal, no matter their years of exemplary performance because they happen to be gay,ā€ Obama said.

During his remarks, the president also seemed to address those who have concerns about openly gay and lesbian people serving in the U.S. military to allay worries about the change to come.

ā€œNow, with any change, thereā€™s some apprehension,ā€ Obama said. ā€œThatā€™s natural. But as commander-in-chief, I am certain that we can affect this transition in a way that only strengthens our military readiness; that people will look back on this moment and wonder why it was ever a source of controversy in the first place.ā€

The president signed the legislation in an auditorium at the Department of Interior before an audience of about 500 invitees that included both gay rights supporters and U.S. lawmakers such as Sens. Kirsten Gillibrand (D-N.Y.) and Mark Udall (D-Colo.) as well as gay Reps. Barney Frank (D-Mass.) and Jared Polis (D-Colo.).

Flanking Obama during the signing were gay former service members ā€” Marine Staff Sgt. Eric Alva and Navy Cmdr. Zoe Dunning ā€” as well as lawmakers who worked to pass the legislation, such as Rep. Patrick Murphy (D-Pa.), Sen. Joseph Lieberman (I-Conn.), House Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.) and Sen. Susan Collins (R-Maine). Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, who has testified before Congress in favor of open service, was also behind the president during the signing.

When he finished signing the bill, Obama declared, ā€œThis is done!ā€ and embraced those who were with him on stage as the audience chanted, ā€œU-S-A! U-S-A!ā€

Prior to the signing, Vice President Joseph Biden told the audience that the legislative repeal of ā€œDonā€™t Ask, Donā€™t Tellā€ marks the fulfillment of the one of the promises to the LGBT community on which he and Obama campaigned in 2008.

ā€œThis fulfills an important campaign promise the president and I made, and many here on this stage made, and many of you have fought for, for a long time, in repealing a policy that actually weakens our national security, diminished our ability to have military readiness, and violates the fundamental American principle of fairness and equality ā€” that exact same set of principles that brave gay men and women will now be able to openly defend around the world,ā€ he said.

President Obama signed the bill after the U.S. Senate on Saturday voted to approve the legislation, 65-31. All Democrats who were present voted in favor of the bill; Sen. Joe Manchin (D-W.Va.) didnā€™t vote. Eight Republicans voted in favor of the legislation: Collins, Sen. Olympia Snowe (R-Maine), Sen. Scott Brown (R-Mass.), Sen. Lisa Murkowski (R-Alaska), Sen. Mark Kirk (R-Ill.), Sen. George Voinovich (R-Ohio), Sen. John Ensign (R-Nev.) and Richard Burr (R-N.C.).

Gay service members discharged under ā€œDonā€™t Ask, Donā€™t Tellā€ who were present in the audience during the signing told the Washington Blade that the occasion overwhelmed them with joyous feelings.

Stacey Vasquez, an Army paralegal who was discharged under ā€œDonā€™t Ask, Donā€™t Tellā€ in 2003, said she was waiting for the moment ā€œfor so many yearsā€ and she couldnā€™t be happier.

ā€œI had moments where I had my doubts of whether we were going to make it or not, but we were on the Hill every single day working on this,ā€ Vasquez said. ā€œPeople were very responsive to our stories about being discharged and why the law was unfair. It was just a matter of getting past the politics.ā€

Maj. Margaret Witt, an Air Force service member who last month became the first gay person discharged under ā€œDonā€™t Ask, Donā€™t Tellā€ to be reinstated in the military by court order, said the moment of the bill signing will ā€œgo down in history.ā€

ā€œIā€™m really happy to be here and hopefully carry the spirit of all those who are out there serving today,ā€ Witt said. ā€œIt took years ā€” years and years of really hard work and dedication.ā€

C. Dixon Osburn, who co-founded Servicemembers Legal Defense Network in 1993, said he was feeling ā€œeuphoriaā€ following the bill signing and called the moment ā€œthe most significant advance in LGBT equality ever.ā€

ā€œI think when you reduce it down to its essential ā€” the young man and lesbian is not going to have to call SLDN hiding, quivering, wondering if theyā€™re going to jail or if their career is going to be over the next day,ā€ Osburn said. ā€œAmerica is now going to be with them for the first time, and they can serve with honor and integrity. Multiply that by a million, and thatā€™s the significant change that we have today.ā€

Even though Obama has signed the legislation, repeal wonā€™t take effect immediately. Language in the bill states that open service wonā€™t be implemented until the president, the defense secretary and the chair of the Joint Chiefs certify that the U.S. military is ready for repeal.

There is no set deadline for when this certification must happen. Defense Secretary Robert Gates has said he wants to first institute training to facilitate open service before issuing certification.

After certification, an additional 60-day waiting period for congressional review must pass before ā€œDonā€™t Ask, Donā€™t Tellā€ is officially off the books and gays can serve openly without fear of discharge.

During his remarks, Obama said heā€™s spoken with the military service chiefs about implementing the change and expects that it will be done quickly.

ā€œI have spoken to every one of the service chiefs and they are all committed to implementing this change swiftly and efficiently,ā€ Obama said. ā€œWe are not going to be dragging our feet to get this done.ā€

On Wednesday, White House Press Secretary Robert Gibbs said during a news conference that the president believes implementation of repeal of ā€œDonā€™t Ask, Donā€™t Tellā€ would be ā€œa matter of months.ā€

Aubrey Sarvis, SLDNā€™s executive director, has been pushing for certification to happen in a matter of weeks so that open service can begin in the first quarter of next year. He added that his organization will be ā€œlooking closelyā€ at the new regulations that the Pentagon issues on gays in the military following certification.

ā€œThe regulations will be critical,ā€ he said. ā€œWeā€™ll be working closely with [the Defense Department] on that and at SLDN, I think, our key role in 2011 ā€” and probably the following year ā€” will be oversight. Oversight of how the regulations are issued [and] oversight on how they are administrated.ā€

Even though the president has signed the bill into law, opponents of open service in the military continue to pursue avenues to block ā€œDonā€™t Ask, Donā€™t Tellā€ repeal before itā€™s implemented.

On Tuesday, Senate Minority Leader Mitch McConnell tried to attach an amendment to the fiscal year 2011 defense authorization bill pending before the Senate to expand the certification responsibilities to include the military service chiefs. Since many of the chiefs have expressed opposition to open service at this time, such a measure could have delayed implementation indefinitely.

However, the amendment was blocked on Tuesday after Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, objected to the measure.

Sarvis said there is ā€œroom for mischiefā€ as long as certification is outstanding because opponents of ā€œDonā€™t Ask, Donā€™t Tellā€ repeal could continue to propose similar amendments that would meddle with the process.

ā€œNo one should be mistaken that opponents will try to undo this before it gets off the ground,ā€ Sarvis said.

Legislative repeal of ā€œDonā€™t Ask, Donā€™t Tellā€ was one of President Obamaā€™s major promises to the LGBT community, but a number of gay rights supporters say they are expecting more from him during his presidency.

John Aravosis, the gay editor of Americablog, said repeal of ā€œDonā€™t Ask, Donā€™t Tellā€ is but one item crossed off the list and other promises are still outstanding, such as repeal of the Defense of Marriage Act and passage of the Employment Non-Discrimination Act.

ā€œBy now, I was expecting ENDA passed and [‘Don’t Ask, Don’t Tell’] repealed, with a promise to get to DOMA soon,ā€ Aravosis said.ā€ We still have to wait until next year to see whether [‘Don’t Ask, Don’t Tell’] is truly and fully repealed, and forget about ENDA and DOMA for years to come. Iā€™m glad the [‘Don’t Ask, Don’t Tell’] legislation passed this weekend, and Iā€™m glad the president finally got engaged. But we are at best getting one of the three big civil rights promises the president made to us, and thatā€™s it for a long time coming.ā€

Dan Choi, an Iraq war veteran discharged under ā€œDonā€™t Ask, Donā€™t Tellā€ who has chained himself to the White House in protest over the law, also said he wants more from Obama.

Asked by the Blade what his feelings were during the signing, Choi replied, ā€œI want to get married ā€” thatā€™s my feeling,ā€ referencing Obamaā€™s opposition to same-sex marriage.

ā€œI think today is a day that we can applaud him for signing it, and I recognize that it wouldnā€™t have been signed by his opponents, and I cheer for him and our hearts are with him,ā€ Choi said. ā€œThis morning was historic, but this afternoon we start planning on how to hold him accountable for all the other promises and all the other things that we deserve as citizens.ā€

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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 BureauĀ 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 ā€” 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.

TheĀ current Federal Register noticeĀ 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 30Ā 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, ā€œThis 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.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™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 theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™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. Ā 

“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 ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ 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 ā€” 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:

ā€œIt 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.ā€

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