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DOD faces renewed calls to extend benefits to gay troops

Rep. Schiff circulates letter among U.S. House members

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Gay News, Washington Blade, Gay Servicemembers
Defense Secretary Leon Panetta is under renewed pressure to extent partner benefits to gay troops (Blade photo by Michael Key)

Defense Secretary Leon Panetta is under renewed pressure to extend partner benefits to gay troops (Blade photo by Michael Key)

The Pentagon is under renewed pressure ā€” now most recently from a California U.S. House member ā€” to allow gay service members to have to certain partner benefits already afforded to straight troops, such as military IDs and access to family programs.

On Thursday, Rep. Adam Schiff (D-Calif.) began circulating a letter among U.S. House members calling on Defense Secretary Leon Panetta to begin instituting the benefits to gay troops in the wake of a New York Times article that profiled several same-sex military couples who faced hardship because of unequal treatment despite “Don’t Ask, Don’t Tell” repeal.

“[A]s a recent article in the New York Times illustrates, the end of DADT has not meant the end of unequal treatment of same sex spouses of U.S. service members, who are denied a wide range of services and benefits ā€“ from health insurance to pre-deployment counseling, to access to base commissaries,” the letter states. “As long as they remain in place, these restrictions have the effect of perpetuating discrimination against same sex spouses and their families.”

The U.S. military is prohibited from offering major partner benefits ā€” such as health and pension benefits ā€” to gay troops because of the Defense of Marriage Act and other provisions of the U.S. code that govern rights for U.S. service members. But the Pentagon is still withholding other benefits to gay troops that could be extended administratively at any time under secretarial directive.

The benefits that the letter calls for are military ID cards and registration in the Defense Enrollment Eligibility Reporting System;Ā access to Morale, Welfare, & Recreation programs; and access to other family programs. Other benefits not identified in the letter that the Pentagon could extend are access to legal services, joint duty assignments and military housing.

“Department of Defense current policy is treating same sex service members, their spouses and families as second class citizens,” the letter concludes. “As President Obama stated during his inaugural speech, ‘Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal, then surely the love we commit to one another must be equal, as well.'”

Eileen Lainez, a Pentagon spokesperson, said Panetta would reply to the letter as appropriate.

“As you are aware, the department is conducting a deliberative and comprehensive review of the possibility of extending eligibility for benefits, when legally permitted, to same-sex domestic partners,” Lainez added. “The benefits are being examined from a policy, fiscal, legal and feasibility perspective. There are benefits currently available to all of our service members, based on their member-designations.”

Others this week who’ve called on Panetta to enact these benefits are the Human Rights Campaign, which issued an action alert calling on Panetta to grant military IDs to the same-sex partners of troops, and the LGBT military group OutServe-SLDN. The calls come in the wake of Panetta’s decision to exercise his authority to lift the ban on women in combat roles.

ā€œAfter nearly two years of unnecessary and unexplained delay, itā€™s likewise time for SecretaryĀ PanettaĀ to acknowledge and affirm the service and sacrifice of the gay and lesbian military families ā€” who may now serve openly, but are still anything but equal ā€” by immediately extending all benefits within his authority under existing law,ā€ said OutServe-SLDN Executive Director Allyson Robinson.

Defense secretary nominee Chuck Hagel, whom President Obama tapped to replace Panetta upon his departure, is expected to answer questions on issues pertaining LGBT troops during his confirmation hearing set for Jan. 31. In a letter to Sen. Barbara Boxer last week, Hagel already expressed commitment to extending partner benefits to gay troops, saying, “I will do everything possible to the extent permissible under current law to provide equal benefits to the families of all our service members.ā€

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The full text of the letter that Schiff is circulating among House members follows

Dear Secretary Panetta,

As you prepare to leave the Defense Department, please accept our gratitude for your years of service to the Nation, including your many years as a member of the House of Representatives.

During your tenure, the American military has taken the historic step of stopping discrimination against gay and lesbian service members by ending the policy of Donā€™t Ask, Donā€™t Tell (DADT), which allowed homosexuals to serve in the military, provided they did not reveal their sexual orientation. This change has not only made our military a truer reflection of the country it protects, but it has also occurred without any of the disruption that critics had predicted.Ā  Much of that is due to your leadership and the senior leadership of the Armed Services.

However, as a recent article in the New York Times illustrates, the end of DADT has not meant the end of unequal treatment of same sex spouses of U.S. service members, who are denied a wide range of services and benefits ā€“ from health insurance to pre-deployment counseling, to access to base commissaries.Ā  As long as they remain in place, these restrictions have the effect of perpetuating discrimination against same sex spouses and their families.

We understand that most of the benefits available to veterans, service members and their families are granted directly by Congress. Well over a hundred of these statutory benefits are contingent on marital status. These benefits will remain unavailable to legally married same-sex couples unless the Defense of Marriage Act (DOMA) is repealed or declared unconstitutional by the Supreme Court this year or individual statutes are modified by Congress. In the meantime, there are several executive actions that you can take to ease the burden and increase the inclusiveness of all of our service members and their families.

We strongly urge you to issue same sex spouses military identification cards and registration in the Defense Enrollment Eligibility Reporting System (DEERS). This is the easiest and simplest step to include same sex partners as part of the Department of Defense family.

We urge you to allow same sex partners access to Morale, Welfare, and Recreation (MWR) programs. Current regulations leave open to Installation Commanders the possibility of opening up limited access to certain MWR programs to guests and the general public. These exceptions would be applied regardless of sexual orientation or individual situations; in other words, a same-sex spouse could receive guest privileges, just as the girlfriend or boyfriend of a straight service member receives at present, and would likely be treated as any non-dependent member of the public.

We also urge you to allow same sex partners access to family programs. DoD uses a flexible definition of ā€œfamilyā€ for the purpose of implementing Family Centers and programming, but leaves it up to the individual Service Secretaries to determine eligibility. Thus, each branch of the service (and each installation commander) determines the extent to which same-sex spouses and partners have access to these programs, which include deployment support, marriage and family counseling, relocation assistance and financial management.

Department of Defense current policy is treating same sex service members, their spouses and families as second class citizens. As President Obama stated during his inaugural speech, ā€œOur journey is not complete until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal, then surely the love we commit to one another must be equal, as well.ā€

We strongly urge you take immediate action to rectify the inequality of benefits available to families of gay or lesbian service members.

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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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