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Pentagon to offer partner benefits to gay troops

Panetta sets goal for implementation of Aug. 31

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Gay News, Washington Blade, Gay Servicemembers
Outgoing Defense Secretary Leon Panetta

Outgoing Defense Secretary Leon Panetta (Blade photo by Michael Key)

The Pentagon announced on Monday that it will start the process of offering limited benefits available under current law to gay troops with same-sex partners.

In a memo dated Feb. 11 to senior Pentagon officials, outgoing Defense Secretary Leon Panetta enumerated the benefits that will be afforded to gay troops — which include military IDs, joint duty assignments and access to the commissary — and set a goal for implementing these benefits by Aug. 31, but no later than Oct. 1.

“Taking care of our service members and honoring the sacrifices of all military families are two core values of this nation,” Panetta said in a statement accompanying the memo. “Extending these benefits is an appropriate next step under current law to ensure that all service members receive equal support for what they do to protect this nation.”

Other benefits that will be afforded are access to morale, welfare and recreation programs; sexual assault counseling; legal assistance; child care; and space-available travel on military aircraft. A full list of the benefits can be found on Attachment 2 of the Panetta memo here.

The memo states the Pentagon will “immediately proceed” with implementing these changes and provide a plan within 60 days.

However, the Pentagon won’t at this time offer certain benefits that LGBT advocates have been seeking under current law, such as access to on-base housing, covering costs for transportation to an overseas post and burial at Arlington National Cemetery.

During a news briefing on Monday, a Pentagon senior official said housing wouldn’t be offered because extending that benefit would be “violating the spirit” of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.

Panetta writes in the memorandum that the Pentagon will continue to review these benefits, indicating they haven’t yet been outright rejected.

“With regard to on-base housing, burial and benefits related to command sponsorship overseas, these benefits present complex legal and policy challenges due to their nexus to statutorily-prohibited benefits and due to ongoing reviews about how best to provide scarce resources,” Panetta wrote.

A Pentagon senior legal official at the briefing said the issue of housing was “sensitive” in 2010 as the Defense Department solicited comment among service members for its report on “Don’t Ask, Don’t Tell” because of the sense there isn’t enough housing for service members under current policy already.

“It’s a very sensitive issue because we don’t have enough housing for everybody,” the official said. “The other thing that factors is because it’s sensitive and there is a limited amount, you end up bumping people, and there’s sensitivity behind that. So, the secretary is going to let the working group work through it a little bit longer before they make a final decision.”

Asked who decided that housing shouldn’t be extended at this time, the Pentagon senior official said, “the decision was made by the department, by the department that we would not extend housing at this time.”

Despite the lack of inclusion of some benefits, OutServe-SLDN — which has called for the extension of these benefits since August 2011, before “Don’t Ask, Don’t Tell” was lifted — praised Panetta in a statement and described the move as “substantive.”

“Secretary Panetta’s decision today answers the call President Obama issued in his inaugural address to complete our nation’s journey toward equality, acknowledging the equal service and equal sacrifice of our gay and lesbian service members and their families,” said Allyson Robinson, executive director of OutServe-SLDN.

Shin Inouye, a White House spokesperson, said President Obama “welcomes” the benefits extension at the Pentagon. White House Press Secretary Jay Carney had previously told the Washington Blade the president was aware of the issue.

“The president welcomes the announcement by the Secretary of Defense that the department will extend certain benefits to the same-sex partners and families of service members based on its thorough and deliberate review of this issue,” Inouye said. “This step will strengthen our military and help ensure that all our troops and their families are treated with fairness and equality.”

The move will also be followed by the Coast Guard. In a statement following the news on Monday, Secretary of Homeland Security Janet Napolitano said she directed U.S. Coast Guard Commandant Adm. Robert Papp to implement partner benefits along the lines of the ones enacted in other branches of the military.

“The Department of Homeland Security and the U.S. Coast Guard stand with the Department of Defense on the extension of benefits for military same-sex partners,” Napolitano said. “The extension of benefits for military same-sex partners honors our Department’s guiding principles to treat all service members and applicants equally and with dignity and respect.”

Other benefits, such as health, pension and housing allowances, are precluded from gay service members because of Section 3 of DOMA. Litigation challenging that law, known as Windsor v. United States, is pending before the Supreme Court, and justices are expected to make a decision on the constitutionality of the law before their term ends in June.

Because implementation of these benefits won’t happen until months after the Supreme Court rules on DOMA, a decision from justices striking down the law could shake up which benefits will be afforded at that time.

“In the event that the Defense of Marriage Act is no longer applicable to the Department of Defense, it will be the policy of the Department to construe the words ‘spouse’ and ‘marriage’ without regard to sexual orientation, and married couples, irrespective of sexual orientation, and their dependents, will be granted full military benefits,” Panetta wrote.

The Pentagon senior official maintained the DOMA litigation had no impact on the timing to extend benefits and it was instead based on “what it takes to actually roll out the benefit.”

“Normally, you’re looking at eight months to a year or so,” the official said. “This is a very ambitious schedule. We’re really pressing hard to do this as quick as possible.”

The Pentagon senior legal official clarified the military IDs given to gay troops with same-sex partners or spouses will be different to denote these service members aren’t eligible for certain benefits under DOMA. The card won’t be a different color, although there will be a new code in place — “DP” — in the relationship category.

Gay service members need not be married to their same-sex partner for benefit eligibility. An unmarried same-sex couple can register with the Pentagon for benefits by signing a declaration attesting to the existence of their committed relationship. Benefits also may be available in some cases to the children of same-sex domestic partners.

The Pentagon senior official estimated the new benefits would reach 5,600 active duty troops, 3,400 members of the National Guard and Reserve and 8,000 retired service members. The official also said any cost of these benefits would be negligible on the federal government.

Pentagon officials have said since the time “Don’t Ask, Don’t Tell” was lifted in September 2011 that they’ve been reviewing the benefits issue, but no action has been taken until now. LGBT advocates, speaking on condition of anonymity, have said the military service chiefs objected to issuing these benefits because they believed the move would be seen as political if they were extended before the Supreme Court made a decision on DOMA.

The Pentagon senior legal official declined to comment on the opinion of the service chiefs when asked about any objections they might have had.

“There was a robust internal dialogue about all the issues,” the official said. “At the end of the day, the chiefs rendered their opinion and their advice to the secretary, and he considered it, and decided to do what he’s doing. To answer the question about what was the chiefs’ advice, I’ll defer to the chiefs.”

Beyond benefits, another move that LGBT advocates have been pushing for is an explicit non-discrimination policy for gay service members who feel they’re facing harassment or discrimination. OutServe-SLDN has said Defense Secretary nominee Chuck Hagel upon confirmation “must use his authority to ban discrimination” against LGBT service members.

The Pentagon senior official suggested the Defense Department was disinclined to take this action, saying, “We have not changed our policy at this time.” Asked to clarify if such a move is on the table, the senior official said, “The Pentagon’s position is always to treat all members with dignity and respect regardless of sexual orientation, and that has not changed.”

There will also be exclusion of these benefits for the partners of gay service members who are now deceased. Following the briefing, Pentagon spokesperson Lt. Cmdr. Nate Christiansen confirmed “there will not be grandfathering of benefits” for partners and spouses in this situation. That means Karen Morgan — the spouse of Chief Warrant Officer Charlie Morgan, who died Sunday after fighting DOMA and cancer — won’t be eligible for these benefits.

Chad Griffin, president of the Human Rights Campaign, said the Pentagon took a “historic step” by extending these benefits, but said more work is necessary as long as DOMA is in place.

“It’s time to right this wrong,” Griffin said. “When the Supreme Court considers the constitutionality of DOMA in the coming weeks, they should take note of the real harm this law inflicts every day. The Court should reflect on the sacrifice made by Americans like Staff Sergeant Tracy Johnson, whose wife was killed in action late last year, or the family of Chief Warrant Officer Charlie Morgan, who succumbed to cancer earlier this week. In both cases, DOMA barred specific benefits that could soften the tragic blow of the loss of a loved one.”

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U.S. Federal Courts

4th Circuit rules Montgomery County parents cannot opt children out of LGBTQ-specific lessons

Lawsuit filed in May 2023

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(Bigstock photo)

A federal appeals court on Wednesday ruled a group of Montgomery County parents cannot “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents filed their lawsuit in May 2023.

An American Civil Liberties Union press release notes the lawsuit challenges Montgomery County Public Schools’ policy that “mandates the inclusion of literature with LGBTQ+ characters as part of the ELA (English and Language Arts) curriculum, aiming to promote understanding and acceptance among students.” 

“Although the district originally allowed parents to opt their children out of some ELA lessons, it rescinded the opt-out policy because the number of requests grew too difficult to manage, student absenteeism soared, and it created a stigmatizing environment for students who are LGBTQ or have LGBTQ family members, undermining the purpose of the inclusivity requirement,” said the ACLU.

U.S. District Judge Deborah L. Boardman of the U.S. District Court for the District of Maryland ruled against the parents. The 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld the decision.

“We’re talking about books like ‘Pride Puppy,’ which is light-hearted and affirming,” said ACLU of Maryland Legal Director Deborah Jeon in a press release. “During a time of intensifying calls to ban books and limit access to information about LGBTQ+ people and identities, this ruling in support of inclusion in education matters.”

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National

Jimmy Carter’s grandson says his grandfather nearing the end

Former president has been in hospice for more than a year

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Former President Jimmy Carter being interviewed by CBS News in 2006. (CBS News YouTube screenshot)

BY JILL NOLIN | The grandson of former President Jimmy Carter provided an update on his grandfather’s condition Tuesday at the Rosalynn Carter Symposium on Mental Health Policy, which was the first held since the former first lady’s death.

Grandson Jason Carter said he visited his grandfather at his home in Plains a couple weeks ago to watch an Atlanta Braves baseball game.

“I said, ‘Pawpaw, people ask me how you’re doing, and I say, I don’t know.’ And he said, ‘well, I don’t know myself,’” Jason Carter said during the event at the Carter Center in Atlanta. “He’s still there.” 

Jimmy Carter, who at 99 years old is the longest lived president, has been in hospice care since early 2023. Rosalynn Carter, his wife of 77 years, died in November.

Jason Carter said he believes his grandfather is nearing the end.

“There’s a part of this faith journey that is so important to him, and there’s a part of that faith journey that you only can live at the very end. And I think he has been there in that space,” Jason Carter said. 

His grandfather’s time in hospice care has been a reminder of the work Rosalynn Carter did to advance caregiving and mental health, he said.

“The caregiving associated with mental health and mental illness is so crucial and so fundamental to the work that we all do in this room and to her legacy that it is remarkable and important, and we’ve all experienced it very first hand over the last year so we give thanks for that as well,” Jason Carter said. 

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Jill Nolin

Jill Nolin has spent nearly 15 years reporting on state and local government in four states, focusing on policy and political stories and tracking public spending. She has spent the last five years chasing stories in the halls of Georgia’s Gold Dome, earning recognition for her work showing the impact of rising opioid addiction on the state’s rural communities. She is a graduate of Troy University.

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The preceding article was previously published by the Georgia Recorder and is republished with permission.

The Georgia Recorder is an independent, nonprofit news organization focused on connecting public policies to the stories of the people and communities affected by them. We bring a fresh perspective to coverage of the state’s biggest issues from our perch near the Capitol in downtown Atlanta. We view news as a vital community service and believe that government accountability and transparency are valued by all Georgians.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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National

FBI warns of potential threats to Pride Month events

Advisory notes June 12 marks eight years since Pulse nightclub massacre

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FBI Director Christopher Wray (NBC News screen capture)

Citing the rising numbers of violent threats primarily across the digital landscape online including emailed bomb and death threats, officials from the Federal Bureau of Investigation and Homeland Security Investigations have issued warnings that foreign terrorist organizations or their supporters are targeting the LGBTQ community during Pride Month.

In a notice released on May 10, the FBI and HSI warn that efforts to commit or inspire violence against LGBTQ celebrations, including Pride celebrations or other LGBTQ-related venues, are compounded by the current heightened threat environment in the U.S. and other Western countries. 

The FBI and HSI noted that June 12 marks the eighth anniversary of the Pulse nightclub shooting in Orlando, Fla., during which the attacker killed 49 people and wounded 53 others. After the Pulse shooting, pro-ISIS messaging praised this attack as one of the high-profile attacks in Western countries, and FTO supporters celebrated it. There are concerns that instances like the Pulse anniversary could spark a violent attack.

In addition to the threats posed by off-shore groups, increased threat levels domestically including recently documented instances of homophobic and transphobic threats exemplified recently from reporting by multiple media outlets regarding Libs of TikTok’s creator Chaya Raichik, who had initiated an ongoing campaign against Planet Fitness, demanding a boycott in retaliation for the gym’s transgender-inclusive locker room policy.

At least 53 locations of Planet Fitness have reported hoax bomb threats in recent weeks; the threats were primarily reported through emails, and in some cases, phone calls, continuing what has become a trend of violent threats against institutions targeted by Raichik. 

Raichik has a long documented history of fostering anti-LGBTQ animus through her posts which in turn has led to what NBC News, Media Matters, the SPLC, the Washington Blade, and others documenting Raichik’s anti-LGBTQ acts of arguably stochastic terrorism.

In February, NBC News Technology Reporter David Ingram, detailed bomb threats and violent threats inspired by Raichik’s social media posts. NBC News identified 33 instances, starting in November 2020, when people or institutions singled out by Libs of TikTok later reported bomb threats or other violent intimidation. 

During his April 11 testimony on Capitol Hill, FBI Director Christopher Wray issued a warning to lawmakers telling a House subcommittee that there is a growing fear among law enforcement officials of possible “coordinated attack” inside the U.S. telling committee members that a “lone-wolf” attack promulgated by events in Middle East are the agency’s overarching worry.

Speaking with the Blade on background, a senior FBI official noted that Pride events in locales other than major urban settings, particularly the largest Pride gatherings in New York, San Francisco, Los Angeles, and D.C., which have a traditionally large police presence, smaller cities and towns are at elevated risk.

In an emailed statement, the FBI said it has, in general, observed an increase in threats of violence targeting institutions like hospitals and schools.

“As a country and organization, we have seen an increase in threats of violence targeting government officials and institutions, houses of worship, schools, and medical facilities, just to name a few. The FBI and our partners take all threats of violence seriously and responding to these threats ties up law enforcement resources.

“When the threats are made as a hoax, it puts innocent people at risk, is a waste of law enforcement’s limited resources, and costs taxpayers. The FBI and our state and local partners will continue to aggressively pursue perpetrators of these threats — real or false — and hold them accountable,” the FBI statement said.

Reacting to the elevated threat levels in a statement, GLAAD President Sarah Kate Ellis said:

“A fringe few extremists, domestically and overseas, are irrationally threatened by the rising tide of acceptance for LGBTQ people. It is important to keep Prides safe for all attendees, and for people to keep showing up during Pride and throughout the year to speak up for the equality and safety of their communities and all marginalized people.”

The FBI is asking that Pride event planners, organizers, and others be aware of possible indicators of potential threat activity:

  • Violent threats made online, in person, or via mail.
  • Unusual or prolonged testing or probing of security measures at events or venues.
  • Photography of security related equipment, personnel, or access points consistent with pre-operational surveillance without a reasonable alternative explanation.
  • Unusual surveillance or interest in buildings, gatherings, or events.
  • Attempts to gain access to restricted areas, bypass security, or impersonate law enforcement officials.
  • Observation of or questions about facility security measures, including barriers, restricted areas, cameras, and intrusion detection systems without a reasonable alternative explanation.
  • Eliciting information from facility personnel regarding the nature of upcoming events, crowd sizes, busiest times of day, etc., without a reasonable alternative explanation.
  • Attempts to enter a restricted area, bypass security, or impersonate law enforcement officials.

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