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Could Pentagon’s ‘Don’t Ask’ review hinder repeal?

Petraeus suggests outcome ‘could go in either direction’

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(DC Agenda Photo by Michael Key)

As the top U.S. commander overseeing operations in Iraq and Afghanistan expressed support Tuesday for reconsidering “Don’t Ask, Don’t Tell,” he noted the Pentagon study currently underway could offer a positive or negative take on open service.

Following his initial remarks on “Don’t Ask, Don’t Tell,” Gen. David Petraeus, commander of U.S. Central Command, made the remarks to the Senate Armed Services Committee on the possible outcome of the study.

Chairman Carl Levin (D-Mich.) asked Petraeus to confirm he said earlier in Levin’s office that the study could show repeal’s “likely effects could go in either direction.”

“I believe you told me — either negative or positive, the study could show,” Levin said.

Petraeus affirmed that he made those remarks, saying, “It could. It could. Yes, sir.”

Asked by DC Agenda to clarify this view of the study, Levin replied, “Yeah, in terms like the impact on recruitment, readiness — it could have a positive or negative — and that’s what he confirmed here.”

Petraeus didn’t talk to reporters after the hearing.

If the parameters of the study are to determine whether repeal would have a positive or negative impact — as opposed to examining the best way to implement repeal — it would be inconsistent with how Defense Secretary Robert Gates outlined the review in congressional testimony last month. At the time, Gates said the study would focus on implementing repeal and not whether it would be beneficial or harmful to the military.

“The question before us is not whether the military prepares to make this change, but how we best prepare for it,” he said. “We received our orders from the commander-in-chief and we are moving out accordingly.”

The nature of the study as described by Petraeus and Levin also raises questions about why President Obama, who campaigned on repeal of “Don’t Ask, Don’t Tell,” would authorize a review that could complicate repeal efforts.

But Kevin Nix, spokesperson for the Servicemembers Legal Defense Network, said he’s “confident” the working group will follow the directive outlined by Gates “to figure out how best to implement open service.”

“The Senate repeal bill gives the military plenty of additional time — well into 2011 — to look at how to transition while Congress moves to end the law in 2010,” Nix said.

Nathaniel Frank, author of “Unfriendly Fire” and research fellow for the Palm Center, a think-tank on gays in the military at the University of California, Santa Barbara, said the problem with the working group is that it could succumb to what he called “political expediency.”

Frank said “mounds of research” have already answered questions about the impact on open service in the military. If the group does its job well, Frank noted, the findings will be consistent with this research and discover “there will be no negative impact or that any impact will be negligible and manageable.”

“But if the group falls prey to political pressure to exaggerate the risks to readiness, that will be used by obstructionists to derail reform in Congress, and ultimately full repeal is up to Congress,” Frank said.

Although the study was outlined as a way to implement repeal, Frank said what Gates actually put in place was a “political process,” and Obama’s willingness to set it up “does raise concerns about a repeat of the failures of 1993.”

Whatever the focus of the study, Petraeus backed the review Tuesday during the hearing as the best way to approach “Don’t Ask, Don’t Tell” while saying the time has come to “consider a change.”

“I believe the time has come to consider a change to ‘Don’t Ask, Don’t Tell,’ but I think it should be done in a thoughtful and deliberative manner,” he said. “And that should include the conduct of the review that Secretary Gates had directed that would consider the views of the force by changing the policy.”

Petraeus initially asked for eight minutes to give a statement on “Don’t Ask, Don’t Tell” in response to a question from Sen. John McCain (R-Ariz.), but Levin denied him that opportunity, saying giving the general eight minutes would violate the rules by going over the time McCain was allotted for questioning.

Levin said another senator could devote their entire question-and-answer time for Petraeus so he could offer his longer statement, although no committee panel volunteered their time. At the end of the hearing, Levin said he would welcome the longer statement from Petraeus if he wanted to submit it as part of the record.

In response to Petraeus’ remarks, Nix said SLDN is awaiting the general’s eight-minute answer before weighing in on Petraeus’ position.

“We agree that open service is more than a sound byte,” Nix said. “The bottom line is our service members are professionals and they know how to bring about the change to open service.”

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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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