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Pentagon sees no need for gay discharged troops bill

Proposed measure would codify process for upgrading separations to ‘honorable’

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Pentagon, military, gay news, Washington Blade

The Pentagon sees no need for legislation for troops discharged for being gay (Public domain photo by Master Sgt. Ken Hammond).

The Pentagon sees no need for new legislation to enable gay troops to remove the distinction of “dishonorable” from their discharge papers if they were expelled from the U.S. military because of their sexual orientation.

Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, said the administrative process in place for upgrading paperwork is sufficient to ensure troops dismissed for being gay during the “Don’t Ask, Don’t Tell”-era and before have honorable discharges.

“We continue to closely monitor the workload of the Boards, which indicate that DADT-related applications are being processed effectively, under clear procedures, and that no new policy guidance or legislation is required at this time,” Christensen said.

Asked whether that statement means the Pentagon opposes legislation to codify the process known as the Restore Honor to Service Members Act, Christensen said the Pentagon doesn’t comment on pending legislation as a matter of policy.

Late last month, Sen. Brian Schatz (D-Hawaii) introduced the bill in the U.S. Senate along with 17 Democratic co-sponsors. Companion legislation sponsored by gay Rep. Mark Pocan (D-Wis.) was already pending in the U.S. House and has more than 140 co-sponsors.

An estimated 114,000 troops were discharged from the armed forces for being gay starting in World War II until the lifting of “Don’t Ask, Don’t Tell” in 2011.

Although many service members were given an ā€œhonorableā€ discharge from the military if they were expelled because of their sexual orientation, others were given ā€œother than honorable,ā€ ā€œgeneral dischargeā€ or ā€œdishonorableā€ discharge.

By having designation other than “honorable” on their papers, former troops may be disqualified from accessing certain benefits, such as GI bill tuition assistance and veteransā€™ health care, and may not be able to claim veteran status. In some cases, they may be prevented from voting or have difficulty acquiring civilian employment.

Meaghan Smith, a Schatz spokesperson, said the senator appreciates the Pentagon’s work on the issue, but service members seeking upgrades had complained the process wasn’t working fast enough.

“Based on direct input from veterans groups that went into the drafting of the Restore Honor to Service Members Act, the existing process is overly burdensome on the veteran, and more can be done to simplify the process as well as to protect veterans’ privacy,” Smith said.

The Restore Honor to Service Members Act aims to adjust the process for upgrading paperwork by codifying it, simplifying the paperwork requirement and requiring military services historians to review the facts and circumstances surrounding these discharges.

“Put simply, who is to say that a future administration may not decide that those reviews are beyond the scope of those discharge and military records boards?” Smith said. “This bill would make those reviews specifically within their scope of inquiry, ensuring that that process always remains available to these service members to seek corrective action.”

Pocan’s office didn’t immediately respond to the Washington Blade’s request for comment.

The legislation has the support of LGBT and non-LGBT organizations, including the Human Rights Campaign, the American Veterans for Equal Rights and Service Women’s Action Network and Equality Hawaii.

Fred Sainz, HRC’s vice president of communications, reiterated his organization’s support for the bill when asked about the Pentagon’s view that the existing process is sufficient.

Walking through the existing process, Christensen insisted the Pentagon enacted a “robust and responsive” policy in 2011 to ensure troops discharged because of their sexual orientation can receive upgrades through the Military Department Board for Correction of Military/Naval Records (BCM/NR) or the Military Department’s Discharge Review Board.

“The resulting Department-wide policy and Service Review Board procedures ensure equitable and consistent review of all cases related to DADT,” Christensen said. “Presently, members discharged under DADT may request a correction to their military records from either their Military Department DRB or their BCM/NR based upon these implemented changes in law and policy.”

Military department DRBs are responsible for reviewing cases within the last 15 years and change discharge characterization from “Homosexual Conduct” to “Secretarial Authority.” If an applicant is not satisfied with DRB decision, or needs additional relief, he or she may appeal to the BCM/NR, which also reviews cases 15 years or older, or those that fall outside the scope of the DRBs.

By law, the BCM/NRs speak for the military service as final authority on the decision, but if applicants still are not satisfied, they may write their service secretary for intervention or file suit in federal civil court.

Upon the introduction of the House bill in July 2013, Rep. Charlie Rangel (D-N.Y.), one of the legislation’s co-sponsors, said during a conference call with Pocan he wants the White House and the Pentagon to support the legislation. The White House hasn’t responded to numerous requests for comment about the bill.

Rangel called for continued efforts to pass the legislation in a statement to the Blade when asked about the Pentagon response to the bill.

“It was the President’s Under Secretary of Defense who published the Memo which has acted as one of the cornerstones of our “Restore Honor to Service Members Act,'” Rangel said. “However, a Memo is not law. Congress needs to do its job, make this process law, and ensure all service members’ records can always be corrected regardless of who is in the White House. We now have over 150 cosponsors in the House and a dozen Senators ready to act and we are adding more each week. I won’t stop fighting to right the wrong.”

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Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

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Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June. 

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk. 

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

ā€œYou know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,ā€ Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

ā€œIt was a great year,ā€ he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.ā€

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond. 

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state. 

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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World

Out in the World: LGBTQ news from Europe and Asia

Latviaā€™s civil unions law took effect Monday

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(Los Angeles Blade graphic)

LATVIA
Latviaā€™s law allowing same-sex couples to form civil unions came into effect Monday, and the first queer couples have already registered their unions in the Baltic nation.

Maksims Ringo and Janis Locs were the first same-sex couple to register their civil union. They did so in a ceremony at a legal office in the capital, Riga, where they exchanged silver rings, stating that they were saving gold rings for a date when Latvia legalizes same-sex marriage.

“I feel excited, kind of emotional about it as well because it is a really big step and not only for us, for the country itself. And being first, it’s all the publicity that comes with it as well. It kind of is a bit, I would say, a bit stressful, but at the same time I feel happy that we can finally do it,ā€ Locs told Reuters.

Latvia amended its constitution to ban same-sex marriage in 2005, but in 2020, the Constitutional Court ruled that the state must give same-sex couples the same benefits that straight married couples have. In 2022, a deadline imposed by the court lapsed, and couples began applying to the courts to have their relationships recognized. 

Last year, the Latvian parliament finally passed a law formalizing same-sex civil unions, but the compromise legislation has frustrated some LGBTQ activists in the country as it leaves out key rights demanded by same-sex couples. Latviaā€™s civil unions do not allow couples to adopt children, nor do they get key inheritance rights, theyā€™re concluded at a notary office instead of at the civil registry, and the government still will not recognize foreign same-sex marriages. 

The bill was also bitterly opposed by conservative, anti-LGBTQ groups. They attempted to force a referendum to block the bill but were unable to come up with the required signatures before the legal deadline.

With legal civil unions in Latvia, all but five EU countries recognize some form of same-sex union: Lithuania, Poland, Slovakia, Bulgaria, and Romania. 

In neighboring Lithuania, a civil union bill awaits a final vote in parliament but has stalled amid infighting between liberal and conservative factions of the coalition government. This week, the liberal faction threatened to block the appointment of a European commissioner unless the conservatives agreed to pass the bill.

In Poland, the governing coalition appears to have finally agreed to pass a civil union bill, albeit one that has been watered down significantly. The resulting bill will not allow any adoption rights, nor a common surname, and will be concluded by notaries and without a ceremony rather than civil registries. The government hopes to bring the bill forward this month.

The European Court of Human Rights has ruled that all member states must provide some form of civil union to same-sex couples to be in compliance with the nondiscrimination and family rights guaranteed by the European Convention on Human Rights. 

The French National Assembly (Public domain photo)

FRANCE
Voters gave a big boost to the far-right National Rally party in Sundayā€™s first-round parliamentary elections, with the Rally taking 33 percent of the vote, while the left-wing New Popular Front took 28 percent, and President Emmanuel Macronā€™s centrist Together bloc took 21 percent.

Parties are now jockeying for voter support in the second round, and NPF and Together have begun discussions at mutual endorsements to block the National Rally.

In Franceā€™s system, if no candidate in a given district wins 50 percent of the vote, the top two vote-getters, and any candidate who gets at least 12.5 percent of registered voters advances to the second round, which is decided by plurality vote. Because of higher-than-usual turnout of 67 percent, there are a large number of three-way races in the second round ā€” over 300 according to official results, when the previous record was 76. 

The left-wing NPF has announced it will withdraw any candidates who advanced and placed third on the ballot, in order to create a “republican front” against the National Rally. While Macron has not made a formal statement on withdrawing third-place candidates, his prime minister, Gabriel Attal, has called on third-place candidates to step aside.

The National Rally has a long history of campaigning against LGBTQ rights but has not made that central to its program in this election, where it has focused on pocketbook issues and rejection of immigration. The National Rally has long opposed same-sex marriage, and its current leader has campaigned and voted against allowing lesbians to access IVF and supports a bill to ban gender care for minors.

Several reports have emerged of National Rally supporters committing homophobic attacks in France. 

A group of National Rally supporters allegedly attacked a gay teenager in Paris after the results of last monthā€™s European Parliament elections were announced and National Rally was shown to win the largest number of sets. They were reported to have shouted ā€œYouā€™ll see when Bardella is in power and Hitler comes back!ā€ and ā€œIn three weeks, we will be able to smash up f*gs as much as we like. I canā€™t wait.ā€ The attackers were arrested.

GEORGIA
A package of extreme anti-LGBTQ bills sailed through first reading in the Georgian parliament on a 78-0 vote that was boycotted by most of the countryā€™s opposition parties.

Georgia has been rocked by protests since the governing Georgian Dream party introduced a passed a ā€œforeign agentsā€ law, which requires any organization that receives funding from out of the country to register with the government as a foreign agent. The law was inspired by a similar law in Russia and was designed to undermine opposition groups, media, and nongovernmental organizations that are often critical of the government.

The anti-LGBTQ bills are an extreme package of legislation that was also inspired by Russia. The bills ban recognition of any same-sex relationships, forbid recognition of gender other than birth sex, forbid any medical treatment for gender change, and criminalize any advocacy for LGBTQ rights. The government says it hopes to pass the legislation by the fall ahead of national elections in October.

The bills are also designed to undermine the opposition, by forcing them to defend LGBTQ rights, which remain deeply controversial in the conservative Christian country. Opposition leaders have also made it clear that their boycott of the bill does not mean they support LGBTQ rights.

Both the anti-LGBTQ bills and the foreign agents bill have put the country on a collision course with the EU, which it has expressed a desire to join, and which granted it candidate status last year. 

EU accession is very popular among the Georgian public, but the Georgian Dream party is more closely aligned with Russia, and frequently demonizes the EU by equating its values with LGBTQ rights.

Last week, EU candidates Moldova and Ukraine opened formal negotiations to join the bloc, although it is expected that it will be many years before membership is granted.

Indian flag (Photo by Rahul Sapra via Bigstock)

INDIA
The high court of Indiaā€™s Kerala state upheld the right of LGBTQ people to live autonomously, as it rejected a petition from the parents of a 23-year-old who sought to have their daughter committed to a mental institution to ā€œtreat her sexual orientation.ā€

The young woman had fled her family and was living with her partner, a transgender man. Her family members repeatedly attempted to violently abduct her from her new home.

The court ruled that the woman has a right to live her life on her own terms and that sexual orientation is an innate part of a personā€™s identity.

The court also directed the parents to hand over all of their daughterā€™s personal documents, which they had been withholding, in an attempt to force her to return to them, and the court warned the family against committing violence against her.

Same-sex relationships are not illegal in India, although last year the Indian Supreme Court ruled that the government does not have to recognize same-sex marriage, leaving that question to parliament.

HONG KONG
Ten same-sex couples from Hong Kong were legally married in the U.S. over the internet this week, in a mass ceremony to celebrate Pride week.

The 10 couples took advantage of a program available through the state of Utah, which allows people to get married via an internet ceremony. 

Utah has become a go-to destination for same-sex couples seeking to get married even though they live in countries that donā€™t recognize same-sex marriage. Utah allows couples to get married even if theyā€™re not physically present in the state, while most states require couples to at least be present, if not resident in the state.

Hong Kong does not currently allow same-sex marriage, although last year its Court of Final Appeal ruled that the local government should offer some form of relationship recognition to same-sex couples within two years. That deadline comes up next September.

“In Hong Kong, thereā€™s not yet a way to go to a marriage registry to get married, but thereā€™s still this way we can offer for them to realize their dreams of getting married,ā€ wedding organizer Kurt Tung told the Associated Press.

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