National
Service chiefs back Pentagon’s ‘Don’t Ask’ review
The top Navy and Marine Corps officials expressed support Wednesday for the Pentagon’s review on “Don’t Ask, Don’t Tell” without outright backing repeal — and voiced opposition to any legislative moratorium on discharges that Congress may enact before the study is complete.
Chief of Naval Operations Adm. Gary Roughead and Marine Corps Commandant Gen. James Conway offered support for the Defense Department review during a House Armed Services Committee hearing geared toward the president’s budget request for the Navy Department.
Rep. Buck McKeon (R-Calif.), who’s said Congress should hear from military leaders before proceeding with repeal, questioned Roughead and Conway on whether they support overturning “Don’t Ask, Don’t Tell.”
Roughead replied that his “personal view” is “to go forward with [the] assessment that has been called for by the Secretary of Defense.”
“There are a lot of bits of information, and surveys that have taken place, but there has never really been an assessment of the force that serves — and equally important to that force is the opinions of the families who support that force,” he said.
Conway said he thinks Defense Secretary Robert Gates’ plan would examine the issue “in a way that’s never been done,” an effort he supports. But Conway cautioned against enacting any change that would impair the military effectiveness of the armed forces.
“I would encourage your work, mine and that of the working group to be focused on a central issue — and that is the readiness of the armed forces of the United States to fight this nation’s wars,” he said. “That’s what our armed forces are intended to do.”
Even though Conway emphasized maintaining military readiness, his endorsement of the Pentagon review is noteworthy in part because media sources have reported he’s emerged in internal deliberations as a leading opponent of allowing gays to serve openly in the armed forces.
Both Roughead and Conway voiced opposition to enacting a legislative moratorium on “Don’t Ask, Don’t Tell” discharges until the Pentagon completes its review. Senate Armed Services Committee Carl Levin (D-Mich.) has recently floated the possibility of addressing the law this year with a temporary halt to discharges.
“In regard to a moratorium, I believe that it would be extremely confusing to the force, and I do not recommend that,” Roughead said.
Conway agreed, echoing the notion that instituting a moratorium would be confusing.
“There’s an expression we have: Keep it simple,” Conway said. “I would encourage you either to change the law or not — but in the process, half measures, I think, will only be confusing in the end.”
By supporting the Pentagon’s review process and opposing a moratorium, Roughead and Conway echoed comments previously made by top leaders in the Army and Air Force. The new endorsements from Roughead and Conway means all the service chiefs are in alignment in backing the “Don’t Ask, Don’t Tell” review process.
Kevin Nix, spokesperson for the Servicemembers Legal Defense Network, said in a statement that the testimony from Roughead and Conway was encouraging.
“We also found ourselves agreeing with Gen. Conway, both that military readiness must always be paramount and that this debate must be about full legislative repeal of the 1993 ban, not about confusing interim measures like a moratorium on discharges,” Nix said. “Congress should get [“Don’t Ask, Don’t Tell”] repeal done in this year’s defense authorization budget bill.”
Also during Wednesday’s hearing, Rep. Vic Snyder (D-Ark.) asked how gays currently serving in the armed forces would be able to give their input for the Pentagon’s study without being outed and discharged under “Don’t Ask, Don’t Tell.”
Navy Secretary Ray Mabus said people behind the working group would have “mechanisms for anonymous input” so gays in the military wouldn’t be in jeopardy of of violating “Don’t Ask, Don’t Tell” by simply responding to a survey.
Snyder also asked how the military was handling the recent decision rendered in the Ninth Circuit Court of Appeals for Witt v. Air Force. The ruling, which was construed only to apply to the plaintiff’s case, concluded the military had to prove lesbian Maj. Margaret Witt’s presence in the Air Force was a detriment to the military before discharging her.
Mabus said he wasn’t familiar with the details of the case. Snyder noted that having certain rules in some areas and others for the rest of the country is creating confusion, even without a moratorium.
“There is already legal confusion that you all didn’t bring on yourselves,” Snyder said. “It’s being laid on you, but I think you’re going to need to figure that out fairly quickly because it is currently the law in the Ninth Circuit.”
Nix said SLDN agrees that the standard in the Witt case is “not being followed by the Navy and the other services.”
“Indeed, in the case of Air Force Lt. Col. Victor Fehrenbach, the Witt standard was not considered or followed at his board hearing,” Nix said. “The Defense Department has yet provided the services with any guidance whatsoever on Witt. This shortcoming further underscores that repeal needs to take place this year.”
The White House
Judy Shepard to receive Presidential Medal of Freedom
Nancy Pelosi is also among this year’s honorees
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).
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
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.”
Federal Government
Republican state AGs challenge Biden administration’s revised Title IX policies
New rules protect LGBTQ students from discrimination
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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HHS reverses Trump-era anti-LGBTQ rule
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