Never say die: House Armed Services committee members try again to delay DADT repeal

You gotta give it to those right-wingers; they are some persistent folk.

Rep. Buck McKeon, left, and Rep. Joe Wilson

On Monday, Sept. 12, less than 10 days until the date set for repeal of the military’s anti-gay “don’t ask, don’t tell” rule to finally go into effect, House Armed Services Committee Chair Rep. Buck McKeon, a Republican from California, and Military Personnel Subcommittee Chair Rep. Joe Wilson, a Republican from South Carolina, tried one more time to keep the repeal from happening. The two sent a letter to Defense Secretary Leon Panetta on Monday, claiming that repeal can’t happen yet because “all the policies and regulations necessary for the transition are not yet final,” according to Lisa Keen with Keen News Service.

As Keen reports, McKeon and Wilson were particularly concerned that the Department of Defense had not yet sent them “revised regulations and a summary of all the specific policy changes, especially with regard to benefits, that will take effect upon repeal.”

(Just a side note: Wilson is the guy who made headlines in 2009 when, during a speech by President Obama to a joint session of Congress, he hollered out,”You lie!” He later apologized to the president, but was officially rebuked by his congressional colleagues.)

A DOD spokeswoman said Thursday, Sept. 17, that DOD officials have, indeed, apprised Congress of all the changes to policies and regulations associated with DADT repeal, that none of the service secretaries, service chiefs or combatant commanders had long ago submitted all their recommendations regarding repeal, that none of those folks had suggested a delay, and that repeal will most definitely go ahead as planned next Tuesday, Sept. 20.

Let’s hope the DOD folks are right and the right-wingers don’t manage to find a way to stall things, because DADT repeal parties have been planned across the country for next Tuesday, including one at Resource Center Dallas (and later at Pekers). Gay Air Force veteran and Servicemembers Legal Defense Network board member David Guy Gainer will be at the RCD event, donating his collection of materials related to DADT and its repeal to the Phil Johnson Historic Archives and Library.

And while this will certainly be a day for celebration, SLDN is warning lesbians and gays still on active duty in the military that there are still plenty of dos and don’ts for them to keep in mind. You can read the SLDN’s guidelines on what parties lesbian and gay servicemembers should and shouldn’t attend here.

—  admin

Bigot of the Day: Texas Rep. Mike Conaway

Rep. Mike Conaway

Despite a Pentagon study that recommends just the opposite, Texas Republican Congressman Mike Conaway continues to spew right-wing propaganda by suggesting that repealing “don’t ask, don’t tell” will force the military to build separate living facilities for gay and lesbian troops. Conaway also says he thinks DADT is currently working “unless you intend to make sexuality your No. 1 issue when you wake up in the morning.” Which, of course, is precisely what Conaway is doing. From the San Angelo Standard Times:

“You’re going to accommodate folks’ preferences as to whether or not they want to be in the same sleeping arrangements or bathroom facilities, all those kinds of things,” Rep. Mike Conaway, a Republican from Midland, said Monday. …

“Apparently their housing arrangements are not set up in that direction,” Conaway said. “And if you have to segment them further from what they are just between men and women, then you’re going to have to provide additional facilities that weren’t provided before. …

“I think my final conclusion was it’s a policy that’s currently working unless you intend to make sexuality your No. 1 issue when you wake up in the morning,” he said.

We’re not sure why the Standard Times is even bothering to publish this crap at this point, but at least the story goes on to note that Conaway is dead wrong:

The Pentagon study released Nov. 30 on the effect of a repeal recommended that “the Department of Defense expressly prohibit berthing or billeting assignments or the designation of bathroom facilities based on sexual orientation.”

Commanders would retain authority to alter those assignments or accommodate concerns about privacy on a case-by-case basis, the study said.

“Most concerns we heard about showers and bathrooms were based on stereotype,” the study said.

The study also indicated 70 percent of military members surveyed believed doing away with the policy would have mixed, positive or no effect.

—  John Wright

Key findings and full text of Pentagon report on ‘don’t ask don’t tell’

For your afternoon reading, below is a copy of the Pentagon report on “don’t ask don’t tell” that was released just moments ago, as well as a copy of the Support Plan for Implementation. And here’s a summary of the key findings from the Servicemembers Legal Defense Network (for another summary, go here):

When asked about the actual experience of serving in a unit with a co-worker who they believed was gay or lesbian, 92% stated that the unit’s “ability to work together” was “very good,” “good,” or “neither good nor poor.”

• When asked about how having a service member in their immediate unit who said he or she is gay would affect the unit’s ability to “work together to get the job done,” 70% of Service members predicted it would have a positive, mixed, or no effect.

When asked “in your career, have you ever worked in a unit with a co-worker that you believed to be homosexual,” 69% of Service members reported that they had.

• In communications with gay and lesbian current and former service members, the CRWG repeatedly heard a patriotic desire to serve and defend the Nation, subject to the same rules as everyone else.

The CRWG is convinced that our military can do this, even during this time of war. They do not underestimate the challenges in implementing a change in the law, but neither should we underestimate the ability of our extraordinarily dedicated Service men and women to adapt to such change and continue to provide our Nation with the military capability to accomplish any mission.

The CRWG found “the risk of repeal of don’t ask, don’t tell to overall military effectiveness is low.”

The CRWG believes this to be the “largest, most Comprehensive review of a personnel policy matter which the department of defense has ever undertaken.”

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—  John Wright

BREAKING: Appeals court grants stay of DADT ruling, making policy enforceable again

John Wright  |  Online Editor
wright@dallasvoice.com

“Don’t ask don’t tell” likely will soon go back into effect, after a federal appeals court granted a temporary stay Wednesday of a district judge’s previous order halting enforcement of the policy.

The U.S. Department of Justice requested an emergency stay of the order from District Judge Virginia Phillips, who ruled in September that the policy is unconstitutional, in a lawsuit brought by Log Cabin Republicans. Phillips issued an order halting enforcement of the policy last week, and denied the government’s request for an emergency stay on Tuesday. However, the DOJ then requested an emergency stay from the U.S. Court of Appeals for the Ninth Circuit, which will hear the government’s appeal of Phillips’ ruling.

Wednesday’s temporary stay, issued by a three-judge panel of the appeals court, means the ban on open service is legally enforceable again. The temporary stay will remain in effect until sometime after Oct. 25, when the Ninth Circuit court decides whether to leave it in place pending the appeal.

“This interim temporary stay means that ‘Don’t Ask, Don’t Tell’ is once again on the books, and is likely to be enforced by the Defense Department,” said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network. “Gay and lesbian service members deserve better treatment than they are getting with this ruling. We now must look to the Senate next month in the lame duck session to bring about the swift certainty needed here and to repeal this unjust law that serves no useful purpose.”

It’s unclear how Wednesday’s stay will affect gays and lesbians who may have enlisted during the eight days since Phillips’ injunction when the policy was unenforceable.

“The revival of the ‘Don’t Ask, Don’t Tell’ law is a sad day for all Americans who want the best and brightest service members defending our country,” said Joe Solmonese, president of the Human Rights Campaign. “Today’s decision only furthers our resolve to send this law to the dustbin of history and also draws a spotlight on the administration to make good on their pledge to end these discharges that damage our national security.”

Alex Nicholson, executive director of Servicemembers United, said he hopes the appeals court will opt not to extend the stay during the appeal, which will take at least several months.

“While we are obviously disappointed that the injunction was temporarily stayed, we hope that the Ninth Circuit will recognize the inherent contradiction in the government’s arguments for a longer stay in light of eight full days of non-enforcement with no ‘enormous consequences,” Nicholson said. “An objective look at the evidence before the court clearly indicates that ending ‘Don’t Ask, Don’t Tell’ would not harm military readiness, but would rather enhance it.”

GetEQUAL announced that it will be protesting Thursday when President Barack Obama visits Seattle.

“This temporary stay, sought by President Obama’s Department of Justice, bring the military’s discriminatory ‘Don’t Ask, Don’t Tell’ law back from the dead,” said Robin McGehee, co-founder and director of GetEQUAL. “It is a travesty that after numerous attempts, President Obama and Attorney General Eric Holder will go down in history as the Administration that breathed life back into ‘Don’t Ask, Don’t Tell.’ The lives and careers of openly gay and lesbian servicemembers are now back in the crosshairs of our government and a renewed commitment to discrimination falls squarely in the hands of this White House.”

—  John Wright

DOJ appeals injunction halting DADT

Advocates warn LGBT servicemembers not to come out until questions are settled

From Staff and Wire Reports

The U.S. Department of Justice on Thursday, Oct. 14 asked a federal district judge to allow the military to continue enforcing “don’t ask, don’t tell” pending the government’s appeal of her ruling declaring the policy unconstitutional.

The request came two days after U.S. District Court Judge Virginia Phillips issued an injunction Tuesday, Oct. 12 ordering the Department of Defense to halt enforcement of DADT worldwide.

The DOJ, which is defending the 17-year-old ban on open service, on Thursday asked Phillips to stay the injunction pending its appeal of her September ruling.

“As the President has stated previously, the Administration does not support the DADT statute as a matter of policy and strongly supports its repeal,” the justice department told Phillips. “However, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Administration disagrees with a particular statute as a policy matter, as it does here.”

If Phillips denies the request for a stay of the injunction, the DOJ can request an emergency stay from the U.S. Court of Appeals for the Ninth Circuit, which will hear any appeal.

The DOJ has 60 days from the time of Phillips’ injunction to appeal her ruling.
Representatives from Log Cabin Republicans, which brought the lawsuit, and other groups advocating for DADT repeal warned LGBT servicemembers against coming out in the wake of Tuesday’s injunction.

Christian Berle, deputy executive director for Log Cabin Republicans issued a statement Thursday afternoon saying his organization had “expected that the Obama administration would continue to pull out all the stops to defend ‘don’t ask, don’t tell.’” But, Berle pledged, “Log Cabin Republicans will continue to advocate on behalf of the American servicemembers who everyday sacrifice in defense of our nation and our Constitution.  If this stay is granted, justice will be delayed, but it will not be denied.”

Berle said Log Cabin Republicans are urging Senate Majority Leader Harry Reid to “do what it takes” to repeal DADT when Congress reconvenes after the midterm elections in November.

“If Sen. Reid treats the minority party fairly, the votes will be there to end ‘don’t ask, don’t tell’ once and for all,” Berle said.

Although the House of Representatives voted this summer to repeal the policy, as an amendment to a Department of Defense spending bill, the measure died in the Senate last month when supporters could not get enough votes to end a Republican filibuster.

Republicans launched their filibuster in protest after Reid added an amendment to the bill dealing with immigration and refused to allow Republicans to add amendments from the Senate floor.

Even though Phillips’ injunction barring enforcement of DADT remains in force, at least for the time being, David Guy-Gainer of Forest Hills, a board member for Servicemembers Legal Defense Network, said his group is urging closeted servicemembers to act with caution.

“If you look at it in terms of gay marriage in California, you remember that sliver of time [between the Supreme Court ruling overturning the state’s ban on gay marriage] and the passage of Proposition 8 [which amended the Constitution], there were couples who were legally married in California. And even after Prop 8 passed, those marriages held up. They are still legal,” Guy-Gainer said.

“There is a chance there could be a window like that created in this case,” he continued. “But it’s too risky. If you have a gay servicemember who stands up while this injunction is in force and tells his commander, ‘Hey, I’m gay,’ and then the injunction is lifted, well the commander isn’t going to just forget that.

“Despite the injunction, we can’t confirm that they have actually stopped discharges, so it’s just too risky to actually come out,” Guy-Gainer said.

Rob Schlein, president of Log Cabin Republicans of Dallas, criticized the White House for appealing the injunction.

“I am very happy that the judge followed through on her decision and issued the injunction. But I think it is very sad that our ‘fierce advocate,’ President Obama, has filed an appeal, which is contradictory to his claims that he wants the law repealed,” Schlein said.

Rich Hisey, a former M.P. in the U.S. Army who is also a member of Log Cabin Dallas, said he feels “really good, very pleased” about Phillips’ ruling in the case and her injunction against DADT, despite the appeal.

“I think this is a big victory for Log Cabin Republicans, and a big victory for the gay community as a whole,” Hisey said. “It’s been a long, long road. But we’re finally getting close to the end.”

Still, Hisey said, he, too, warns gay and lesbian servicemembers to be “very, very cautious right now.”

“I served three years in the Army, in the military police, back in the 1980s. That was a very different time, and I was closeted the whole time I was in the military. Things are different now, but I think if I were in the military now, I would stay in the closet for a while longer at least. I think everything is still up in the air, and it is still too risky to come out,” Hisey said.

Hisey also echoed Schlein’s frustration with Democrats’ failure to repeal DADT, despite their pledges to do so.

“Obama has not shown any leadership, and he still continues to push the DOJ to appeal this ruling,” Hisey said.

“My real frustration is with the Democrats in the Senate. We had a golden opportunity last month to repeal DADT, but Harry Reid played politics with it and added the Dream Act to the bill, even though he knew it wouldn’t pass. That really bothers me.”

Senior White House officials have said the president wants to end DADT, but believes the change should come through Congress and not through the courts.

Shortly after the appeal was filed Thursday, President Obama sent out a notice on Twitter, reiterating his opposition to DADT and renewing his pledge to end the policy.

“Anybody who wants to serve in our armed forces and make sacrifices on our behalf should be able to,” the president Tweeted. “DADT will end & it will end on my watch.”

The bill passed by the House calls for repeal of DADT, but only after the completion of a Pentagon study that includes a survey on how servicemembers and their family members feel about repealing the policy. That study is due Dec. 1.

This article appeared in the Dallas Voice print edition October 15, 2010.

—  Kevin Thomas

BREAKING: Government to request stay of injunction halting enfocement of DADT

The U.S. Department of Justice was expected to ask a federal judge on Thursday afternoon to allow the military to continue enforcing “don’t ask don’t tell” pending the government’s appeal of a September ruling declaring the policy unconstitutional.

U.S. District Court Judge Virginia Phillips issued an injunction Tuesday, Oct. 12 ordering the Department of Defense to halt enforcement of DADT worldwide. In September, Phillips ruled that DADT violates servicemembers’ constitutional rights to free speech and due process.

The DOJ plans to appeal Phillips’ ruling to the U.S. Court of Appeals for the Ninth Circuit, and on Thursday government lawyers were expected to request a stay of the injunction pending the appeal, according to The Advocate. The appeal must be filed within 60 days.

If Phillips doesn’t grant their request for a stay, DOJ attorneys likely will ask for an emergency stay from the appeals court.

—  John Wright

Cammermeyer appointed to DOD committee

Col. Margarethe 'Grethe' Cammermeyer, left, with then-Texas State Rep. Harryette Ehrhardt during Cammermeyer's visit to Dallas in 1998
Col. Margarethe ‘Grethe’ Cammermeyer, left, with then-Texas State Rep. Harryette Ehrhardt during Cammermeyer’s visit to Dallas in 1998.

Back in 1989, the U.S. Army Reserves threw Col. Margarethe “Grethe” Cammermeyer out of the military when she told the truth during a security clearance interview and acknowledged that she was a lesbian.

Today, 21 years later, the Department of Defense announced that Cammermeyer has been appointed to the Defense Advisory Committee on Women in the Services.

In announcing Cammermeyer’s appointment — and the appointment of a new committee chair and eight other committee members — Undersecretary of Defense for Personnel and Readiness Clifford Stanley said the committee’s work is “vital to the development of informed department policy.”

—  admin