Log Cabin calls for immediate end to DADT, says keeping policy in place during repeal is ‘absurd’

Associated Press

SAN FRANCISCO — Gay rights advocates on Monday filed a challenge to a request by the Obama administration to keep the repealed “don’t ask, don’t tell” policy in place while the Pentagon prepares for an end to the ban on allowing gays to serve openly in the military.

In a brief filed in the 9th U.S. Circuit Court of Appeals in San Francisco, lawyers for gay political group Log Cabin Republicans said keeping the policy in place was “absurd.”

At issue is the constitutionality of Congress allowing the policy to stay in effect to give the Pentagon time to train troops and take other steps outlined in December when lawmakers repealed the 1993 law that put the ban in place. Under the new policy, the restrictions remain until the Pentagon certifies that the change won’t damage combat readiness.

The repeal came several months after a federal district judge issued an injunction barring enforcement of “don’t ask, don’t tell,” declaring in September that the policy was unconstitutional.

The Obama administration request to keep the policy in place was made in its brief challenging the injunction. Dan Woods, who is representing the Log Cabin Republicans, replied in the brief filed Monday.

“Even though a judge found this to be unconstitutional and the administration is not disagreeing with that, they are still investigating and able to discharge people,” he said.

Earlier this year, the administration said it would no longer defend the 1996 federal law that prohibits recognition of same-sex marriages.

President Barack Obama had concluded that any law that treats gay people differently is unconstitutional unless it serves a compelling governmental interest, Attorney General Eric Holder said when discussing the administration’s reasoning for that decision.

—  John Wright

Lawmakers to file DOMA repeal Wednesday

Federal District Judge Joseph Tauro in Massachusetts has ruled — in two separate cases, no less — that the federal Defense of Marriage Act is unconstitutional.

President Barack Obama has said that DOMA is unconstitutional and the Justice Department, under his administration, will no longer defend it in court.

Republican Speaker of the House John Boehner has said that the House of Representatives will defend DOMA in court since the Obama administration won’t.

And now, a group of five U.S. senators is set to introduce legislation to repeal DOMA.

Democratic Sens. Dianne Feinstein of California, Patrick Leahy of Vermont, Kirsten Gillibrand of New York, Christopher Coons of Delaware and Richard Blumenthal of Connecticut will officially announce their DOMA repeal bill in a press conference at 2 p.m. EST on Wednesday in the Senate Office Building.

Of course, with Republicans in charge of the House already having announced their plans to defend DOMA in court, and a narrow Democratic majority in the Senate, it’s not likely that Obama will get to keep his campaign promise this year. Still, it’s nice to know DOMA repeal is still on the agenda.

—  admin

We don’t all have the luxury of time

The American Foundation for Equal Rights, the organization behind the lawsuit challenging the constitutionality of California’s Proposition 8, has asked the 9th Circuit Court of Appeals to lift its injunction and allow legal same-sex marriages to resume in California as the lawsuit moves through the appeals process.

As you probably remember, early last year federal District Judge Vaughn Walker ruled that Prop 8 — an amendment to the California Constitution approved in a 2008 voter referendum — violates the U.S. Constitution’s guarantees of equal protection. California state officials said they would not appeal the ruling because they, too, believed Prop 8 to be unconstitutional. But the folks who backed the amendment in the first place and who were the only ones to try to defend it in Walker’s court, did appeal the decision to the 9th Circuit, which issued an injunction that is keeping same-sex marriages from resuming under Walker’s ruling. But in addition, the 9th Circuit, unsure whether the Prop 8 supporters even have legal standing to appeal, have asked the California Supreme Court to weigh in on the question of standing.

And therein lies the problem. The California Supreme Court justices have said they will issue an opinion on standing, but they aren’t in any hurry to do it. In fact, they don’t plan to issue any decisions until sometime after the summer.

And that just isn’t soon enough for some people, and that’s why AFER is asking the 9th Circuit to lift the injunction.  We don’t all have the luxury of time, and that includes 78-year-old Ed Watson of Palm Springs.

Watson has joined in Courage Campaign’s efforts to get the injunction lifted by writing this letter and making the video above. I think he says it all:

“Yesterday, I found out the California Supreme Court denied a motion to speed up the Prop 8 trial. They’re going to take their summer recess and come back in around 6 months or so. It must be nice for them.

“The thing is, I am 78 years old, and I have Alzheimer’s disease. I have been with my partner, Derence, for over 40 years. And if the courts drag this out for months and months, I fear I will, God forbid, lose the ability to recognize my beloved Derence when he gets on his knee to propose to me.

“I can’t afford that, and Derence deserves better. That’s why I agreed to be named in Courage Campaign’s amicus curiae letter to the 9th Circuit, asking that the stay be lifted so I can at least have my dignity on our wedding day.

“Please watch this video of my and my partner Derence, then co-sign our letter to the 9th Circuit, begging them to lift the stay while the California Supreme Court drags its feet.

“If the California Supreme Court is going to take its time, then we deserve the dignity of marriage … before I can’t remember what marriage is.”

“Humbly, Ed Watson, Palm Springs, CA.”

—  admin

Updates from California and Hawaii

The California Supreme Court justices announced today that they will be issuing an opinion on whether YesOn8.com, the group that successfully pushed for Proposition 8 amending the state’s constitution to ban same-sex marriage there, has standing to appeal Federal District Judge Vaughn Walker’s ruling that Prop 8 violates the U.S. Constitution.

That announcement further delays the 9th Court of Appeals’ consideration of the appeal in the case that could ultimately end up in the U.S. Supreme Court.

Further west, news coming out of Hawaii was much more positive, as a bill creating civil unions for same-sex couples  cleared its final legislative hurdle and is headed to the governor’s desk.

Although Republican then-Gov. Linda Lingle vetoed essentially the same bill last July. But current Democratic Gov. Neil Abercrombie has said he will sign it into law.

—  admin

What’s Brewing: Dad says gay teen’s death not suicide; ex-cop gets jail in rape of transsexual

Lance Lundsten

1. Gay Minnesota teen Lance Lundsten was laid to rest Tuesday night, but questions remain about what caused his death. Some news reports have suggested that Lundsten, 18, took his own life in response to anti-gay bullying at school. However, Lundsten’s father maintains that he died from coronary edema, a condition caused by an enlarged heart. Autopsy results will take several weeks.

2. A former San Antonio police officer accused of raping a transsexual prostitute was sentenced to one year in jail on Tuesday. The former officer, Craig Nash, pleaded guilty to official oppression after prosecutors agreed in exchange not to charge him with sexual assault by a police officer, which carries a life sentence. Prosecutors also agreed not to pursue an allegation by a man who said Nash raped him a few years earlier.

3. A federal appeals court in Louisiana today will hear a case involving two gay dads who simply want both of their names listed on their adopted child’s birth certificate. A federal district judge and a three-judge panel of the 5th U.S. Circuit Court of Appeals have already ruled in the gay couple’s favor, but the bigoted state attorney general is appealing the decision. The couple is represented by Lambda Legal’s Ken Upton of Dallas, who warns of a “gaping loophole” in the doctrine of full faith and credit if the decision is overturned: “An exception that permits states arbitrarily to ignore legal parent-child relationships as families travel throughout the United States would create unprecedented chaos and harm.”

—  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

Gay Plano man who was discharged from Navy under ‘don’t ask don’t tell’ attempts to re-enlist

John James Coolidge III

John James Coolidge III, a 24-year-old gay man who was discharged from the Navy in 2007 under “don’t ask don’t tell,” says he walked into a recruiting station in Plano this morning and attempted to re-enlist — this time in the Reserves.

The Pentagon announced Tuesday that it had advised recruiting commanders they must accept gay applicants, after a federal district judge issued an order last week halting enforcement of DADT.

“I handed them every item I have from my military record,” Coolidge said of his visit to the recruiting station. “I said specifically, ‘I’ve been waiting three years and eight months to the day for this. I want this taken care of and changed, and I want to get back in.’”

Coolidge said he was directed to another recruiting office in Mesquite that handles re-enlistments. He said he plans to go there on Thursday morning. Meanwhile, the government has asked an appellate court for an emergency stay of the order halting enforcement of DADT.

“I know it’s kind of up in the air, but I’m hoping the courts side with the fact that it really is unconstitutional,” said Coolidge, adding that he’s a gay Republican and proudly noting that the lawsuit was brought by the Log Cabin Republicans.

Coolidge said he was a medic stationed at Camp Lejeune in North Carolina and had been the Navy for less than a year, when someone told his commander that he was dating a Marine sergeant — which wasn’t entirely true. “I just slept with him,” Coolidge said. “It wasn’t worth it either. He was slightly drunk and he had a really tacky red light in his room.”

Coolidge said he was discharged within a month, forcing him to come out to his Catholic parents. He contemplated suicide and checked himself into a psychiatric ward.

A Michigan native, Coolidge eventually moved to Texas and now lives in Plano. He said he’s currently unemployed but recently obtained his Certified Nursing Assistant license.

We’ll have an update on Coolidge after he visits the Mesquite recruiting office on Thursday.

UPDATE: Dave Guy-Gainer, a local board member for the Servicemembers Legal Defense Network, reported Wednesday afternoon that another gay veteran who was discharged under DADT, Michael Moore, re-enlisted today in Mesquite. Here’s what Gainer said:

“Airman Michael Moore went to the Mesquite Recruiting Station and started his re-enlistment processing today. Fox 4 News Dallas accompanied him. You may recognize  Michael who carried the Rainbow Flag in the color guard leading the Alan Ross parade the last two years. I am so very proud of these young men and women who, although aware of the potential consequences and the obstacles that may be in their way, simply stand back up, dust themselves off, and say – I just want to continue to serve. SLDN is still advising active duty personnel to not come out until DADT is fully repealed. The DOJ appeal to the 9th Circuit Court can still go either way.”

—  John Wright

BREAKING: Judge denies government’s request to resume enforcement of ‘don’t ask don’t tell’

As expected, a federal district judge in California on Tuesday denied the government’s request to delay her injunction from last week halting the military’s enforcement of “don’t ask don’t tell.”

The Associated Press reports:

U.S. District Judge Virginia Phillips issued her ruling Tuesday after saying the government had not proven that her order would harm troops or impede efforts to implement new military regulations to deal with openly gay troops.

Justice Department officials say the Obama administration will appeal to the appellate court in San Francisco.

The military has promised to abide by her order as long as it remains in place.

Phillips declared the “don’t ask, don’t tell” policy unconstitutional Sept. 9. Under the 1993 law, the military cannot inquire into service members’ sexual orientation and punish them for it as long as they keep it to themselves.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, issued the following statement in response to Phillips decision Tuesday to deny the government’s request:

“By the judge keeping the injunction in place, lesbian and gay service members are protected another day, but the uncertainty has not gone away. The Department of Justice will immediately ask the 9th Circuit to stay the injunction. We’re talking about the careers of patriots, people who are on the frontlines serving our country – some of whom are highly decorated – and the court needs to keep the injunction in place. As the DOJ fights to keep this unconstitutional and oppressive law, we are monitoring active-duty clients’ cases and fielding calls every day to our hotline. During this interim period of uncertainty, service members must not come out. Our service members need finality. Given the uncertainty in the courts, we urge the Senate to act swiftly next month on repeal when they return to Washington.”

Below is the full text of Phillips’ ruling:

LCR v USA – ORDER Emergency Stay Denied

—  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

Local gay vet: Time to regroup, refuel, attack again on DADT

Veterans and active servicemembers express outrage and frustration but will use this time to regroup

John Wright  |  Online Editor wright@dallasvoice.com

Dave Guy-Gainer
Dave Guy-Gainer

Gay current and former servicemembers from North Texas expressed frustration and outrage over this week’s vote in the U.S. Senate that halted progress on a repeal of “don’t ask don’t tell.”

But they vowed to continue fighting the military’s 17-year-old ban on open service, in hopes the Senate will take up the measure again during the lame duck session that follows November elections.

The Senate voted 56-43 on Tuesday, Sept. 21 to move forward with debate on the 2011 Defense spending bill that includes a provision to repeal DADT, but the margin fell short of the 60 votes needed to overcome a Republican-led filibuster.

Dave Guy-Gainer, a retired Air Force chief master sergeant from Tarrant County and a board member for the Servicemembers Legal Defense Network, chalked up Tuesday’s vote as a lost battle, but said the war won’t end until the policy is history.

“Now is the time to regroup, refuel and attack again,” Gainer said. “We’ll see this scenario again in December and again and again until repeal happens. It will happen. Between now and then, the voices of our community and our allies must become louder and more incessant than ever before. This is not a political issue — this is a discrimination issue. After 17 years we cannot give up now. We are still alive in the Senate and in the courts.”

Two weeks before the Senate vote, a federal district judge in California declared DADT unconstitutional, but the U.S.

Justice Department, which is defending the policy, hasn’t said whether it will appeal the ruling.

Meanwhile, a Pentagon review of the impact of DADT repeal is due Dec. 1.

Kevin, an active-duty gay Marine from North Texas whose name is being withheld to protect him from being outed under DADT, called on  President Barack Obama to issue an executive order ending discharges under DADT until the policy can be repealed — either legislatively or judicially.

Currently stationed overseas, Kevin is a member of OutServe, an underground network of actively serving LGBT troops. Kevin’s partner is also on active duty.

“This was a huge letdown, and has made me just about completely lose faith in our government,” Kevin said of Tuesday’s vote. “But we at OutServe are standing by our word, we are not going to give up the fight.

“I would also encourage the American public to still stay on their congressmen and senators, call them and tell them to repeal this unjust policy,” Kevin said. “This is human lives that this policy is affecting.”

Danny Hernandez, a former Marine from Tarrant County who was discharged under DADT and now works with SLDN, said he was in the Senate gallery when Tuesday’s vote took place.

“The Senate continues to play games with the lives of thousands of servicemembers,” said Hernandez, a graduate of Texas A&M University who hopes to one day return to the Marines. “There were GOP senators who voted not to represent their constituents, but to follow party lines even though they support the repeal of DADT. A vote against the bill is one thing, but a vote against the opportunity to bring it up for debate is shameful.

“I am remaining optimistic and hoping that this will pass during the lame duck session at the end of the year,” Hernandez added. “It would be nice to see politics placed aside as well as for the support of all our men and women in uniform.”

This article appeared in the Dallas Voice print edition September 24, 2010.

—  Kevin Thomas