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Kicked out and $79,000 in debt

Penalties hound service members expelled under ‘Don’t Ask’

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For Sara Isaacson, separation from the University of North Carolina’s Army ROTC program because of “Don’t Ask, Don’t Tell” comes with a price tag of $79,265.

Isaacson told the Washington Blade she understands the U.S. military wants to protect its investment in training her, but she hopes to repay her debt by serving in the armed forces as opposed to paying the expenses out of pocket.

“I have always said the goal is still to serve my country and I want to be able to fulfill my commitment by serving in uniform,” she said. “The military right now is not allowing me to do that, so I don’t think it’s fair that they’re asking for the tuition back.”

Isaacson, 22 and a lesbian, said she hasn’t yet graduated from college and doesn’t know how she could pay the money that the U.S. military is seeking.

“I’m a few classes away from graduating and I don’t have $80,000 to repay the military,” she said.

Facing recoupment charges after discharge under “Don’t Ask, Don’t Tell” is a problem that continues to plague many service members even after President Obama signed legislation allowing for repeal and the Pentagon has moved ahead with lifting the military’s gay ban.

The issue received renewed attention last month when Iraq war veteran and former Army Lt. Dan Choi, who gained notoriety after he handcuffed himself to the White House gates in protest over “Don’t Ask, Don’t Tell,” informed media outlets that the Army wants him to repay $2,500 of the unearned portion of his Army contract.

In an open letter to Obama, Choi states that he is refusing to pay the Army the money.

“It would be easy to pay the $2,500 bill and swiftly done with this diseased chapter of my life, where I sinfully deceived and tolerated self-hatred under ‘Don’t Ask, Don’t Tell,'” he writes. “But I choose to cease wrestling, to cease the excuses, to cease the philosophical grandstanding and ethical gymnastics of political expediency in the face of moral duty.”

The recoupment issue only comes into play for troops discharged under “Don’t Ask, Don’t Tell” in certain situations.

In one situation, like Choi’s, troops can be forced to pay back all or a portion of the bonuses they received upon reenlistment.

In another scenario, service members can be required to pay tuition grants afforded to them if they don’t complete their education in a training program such as ROTC or post-graduate medical or dental school.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization has had more success in mitigating recoupment for troops who were outed by a third party rather than those who outed themselves.

“In many of those cases, we’ve been able to argue on the service member’s behalf that they would have completed their employment contract and agreement but for the intervening factor by a third party,” he said.

Third party outings were restricted early last year when Defense Secretary Robert Gates issued new guidance for the enforcement of “Don’t Ask, Don’t Tell.”

Sarvis said the case of Hensala v. Air Force confirmed the U.S. military can seek recoupment fees if service members out themselves. In 2003, the U.S. Ninth Circuit Court of Appeals decided the case and remanded it to district court.

Isaacson is among the service members who are facing discharge because they volunteered their sexual orientation while enrolled in a ROTC program.

In January 2010, about three-and-a-half months before she would have been commissioned as second lieutenant in the U.S. Army, Issacson said she was removed from the program after she made the decision to come out to her commanding officer.

“I voluntarily came out to my commanders because I felt like I wasn’t living up to the Army value of integrity by continuing to lie to my commander, all of my peers, to all of the other people in my battalion about something that was so fundamental to who I am,” Isaacson said.

Even though she was never directly asked about her sexual orientation, Isaacson said she felt pressured to mention it when talking with her colleagues about significant others or dating advice.

Isaacson is awaiting appeal on her separation, but the standing decision from the U.S. Army Cadet Command is that she must repay the entire $79,265 that was afforded to her to pay tuition.

“I would like to see them continue with the certification of the repeal in a speedy manner so that people like myself who want to be able to fulfill this obligation that we have to the military can do that through our service,” she said.

Alex Nicholson, executive director of Servicemembers United, said addressing the recoupment has been a priority for his organization since the passage of legislation allowing for “Don’t Ask, Don’t Tell” repeal.

“It’s not that widespread of a problem, but when it does hit someone, it hits them pretty hard,” Nicholson said. “Sometimes the amounts are so massive, and the people who are subjected to recoupment are so young, that the level of devastating lives is rather disproportionate.”

Nicholson said he’s been “hounding” White House officials on the recoupment issue even prior to signing of repeal legislation.

Part of the reason for keeping the practice in place, Nicholson said, was that the Obama administration didn’t want to take action before the Pentagon working group published its report on implementing “Don’t Ask, Don’t Tell” repeal.

“Obviously, we realized when that report came out that it was not something they addressed, so we obviously started hounding them again on this,” Nicholson said.

Noting that current law gives the Pentagon discretion over whether or not to collect recoupment fees, Nicholson said ending the practice would be a “simple fix” because it would only require an order from President Obama.

“The easiest thing would be for the president to make the decision to direct the secretary of defense to direct the service secretaries to not elect recoupment in cases of gay discharges,” Nicholson said.

Sarvis said because the courts have weighed in on the issue, SLDN seeks to address those who are facing recoupment fees on an individual basis.

“I don’t think that we’re going to get any across the board remedy or any retroactive remedy from the Defense Department,” Sarvis said. “I think we’ll have to negotiate on a case-by-case basis.”

A White House spokesperson deferred comment to the Defense Department on the recoupment issue. The Pentagon didn’t respond by Blade deadline with a statement.

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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.

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.

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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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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