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Texas Nat’l Guard agrees to process same-sex partner benefits

State initially refused to provide military ID cards to gay spouses

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Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard
Alicia Butler, Judith Cedville, gay news, Washington Blade, Texas National Guard

Alicia Butler (left) and Judith Cedville with daugher, Jordan, were denied benefits from Texas Military Forces (Photo courtesy of Alicia Butler).

After initially resisting a Pentagon directive to enroll the same-sex spouses of troops into benefit programs, the Texas National Guard announced on Tuesday that it has come to an agreement that will allow its facilities to process these applications for gay service members.

In a statement on Tuesday, Texas Military Forces said the Defense Department has approved a new procedure in which the Pentagon will provide federal personnel, funding and the use of federal personnel systems to enroll the spouses of all troops — gay and straight — into the benefit system.

According to Texas Military Forces, which comprises the state’s national guard, this agreement resolves the conflict of the edict from Defense Secretary Chuck Hagel saying spousal benefits should be available to gay troops everywhere and Texas’ state constitutional amendment banning same-sex marriage.

“We look forward to having the ability to process the benefits our service members and their families are entitled to,” said Lt. Col. Joanne MacGregor, the state public affairs officer.

Although Hagel said spousal benefits for gay troops, including health, pension and housing benefits, should be available nationwide in August following the Supreme Court decision against Section 3 of the Defense of Marriage Act, Texas initially refused to process applications to grant the same-sex spouses of troops a military ID card, citing state law barring same-sex marriage.

After other states, including Oklahoma, Louisiana and Mississippi, made similar announcements, Hagel issued a second edict saying he’s directed the National Guard Bureau to ensure states comply, threatening unspecified consequences if they continued to refuse.

Jennifer Atkinson, a Texas National Guard spokesperson, confirmed that same-sex couples are now able to apply for spousal benefits at installations within the state.

“Couples can now apply at Texas bases — including Camp Mabry,” Atkinson said. “Since the Department of Defense (DoD) directed the enrollment of same-sex spouses effective Sept. 3, 2013, we have worked diligently with the Pentagon and the National Guard Bureau to find a solution that would allow us to follow Texas state law while adhering to DoD policy.”

Atkinson later clarified that same-sex couples can apply for benefits at all installations with Real-Time Automated Personnel Identification Systems.

A defense official, speaking on condition of anonymity, said the agreement only applies to Texas and not other states that are still holding out. Still, the official said the Pentagon views the decision as welcome news.

According to the National Guard Bureau, the decision from Texas to acquiesce means Mississippi, Georgia and Louisiana are the only states that have yet to comply.

On Nov. 7, Oklahoma announced that its state-run national guard facilities are getting out of the business of processing benefits altogether and are directing everyone — gay and straight — to federally-run installations within the state. However, Oklahoma isn’t considered a non-compliant state.

Following the announcement, Alicia Butler, a lesbian who was earlier blocked from enrolling into the benefits system with her spouse, First Lt. Judith Chedville, re-applied for those benefits at Camp Mabry later on Wednesday and received her military ID.

“I am so pleased to have this spousal ID card and begin to access a range of benefits,” Butler said in a statement. “My wife served our country and our family needs support like all military families.”

Lambda Legal, which had represented Butler and wrote a letter calling on Texas Military Forces to reverse its earlier decision to block enrollment, praised the change.

“We are thrilled for Alicia and Judith who just wanted to take steps, like all military families, to access critical support networks and benefits provided to families of service members,” said Lambda Legal Staff Attorney Paul Castillo. “Texas Military Forces implements a host of federal benefits programs for all National Guard units in the state and it should be no different for married same-sex couples.”

An LGBT advocate, also speaking on condition of anonymity, said the purported change announced by the Texas Military Forces is a “crock” because federal funds and systems were already being used to enroll spouses in the Defense Enrollment Eligibility Reporting System. The announced change, the advocate said, is a way for Texas Military Forces to save face as it acquiesced to the Pentagon’s demands.

After issuing a statement Tuesday evening criticizing the Texas National Guard for adopting a system similar to Oklahoma’s, the American Military Partners Association issued a second statement Wednesday praising the move, saying they since received clarification on the decision.

“We applaud the Texas Military Forces for changing course and the Department of Defense for making sure this issue is resolved in Texas,” said AMPA President Stephen Peters. “All military spouses, regardless of orientation or gender, deserve to treated with the same dignity, respect, and support for their sacrifices in support of our nation, no matter what state they serve in. We urge the remaining states who have not yet complied with Department of Defense policy to do so quickly and affirm their commitment to all military families.”

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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