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New bill seeks to aid discharged gay troops

Measure would enable service members to upgrade discharge to honorable

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Charlie Rangel, Mark Pocan, United States House of Representatives, Democratic Party, New York, Wisconsin, gay news, Washington Blade
Charlie Rangel, Mark Pocan, United States House of Representatives, Democratic Party, New York, Wisconsin, gay news, Washington Blade

Rep. Charlie Rangel (D-N.Y.) (left) and Rep. Mark Pocan (D-Wis.)Ā are proposing legislation to ensure gay veterans have honorable discharge papers. (Photo of Rangel public domain, Washington Blade photo of Pocan by Michael Key)

Two House Democrats are working to build support for legislation that would streamline the process for veterans to remove the blemish on their discharge papers if they were expelled for being gay and their service wasn’t characterized as honorable.

Rep. Mark Pocan (D-Wis.), one of the six openly LGB members of the U.S. House, and Rep. Charlie Rangel (D-N.Y.) are proposing legislation known as theĀ ā€œRestore Honor to Service Members Act,ā€ which would ensure veterans who were discharged for being gay would be designated with an honorable discharge.

In an interview the Washington Blade, Pocan said the bill ā€” which has never before been introduced in Congress ā€” would build off earlier legislative efforts to repeal “Don’t Ask, Don’t Tell” and help gay veterans who are unable to receive certain benefits ā€” and rights ā€” with their current discharge papers.

“There are still so many people out there who have served their country honorably, they still don’t have access to the GI bill or receiving veteran’s benefits,” Pocan said. “They still can’t even have a military burial ceremony. They, in some states, can’t vote or get unemployment benefits, so we just need to set up a fair process for these people. There are just too many who’ve served our country so ably and risked their lives, and we owe this to them.”

While “Don’t Ask, Don’t Tell” was instituted in 1993, the military had a policy prior to that time in which it expelled people for being gay.Ā From World War II to the repeal of ā€œDonā€™t Ask Donā€™t Tellā€ in 2011, an estimated 114,000 service members were discharged for being gay ā€” more frequently with dishonorable and other than honorableĀ discharges in the period before “Don’t Ask, Don’t Tell.”

In a statement, Rangel said he wanted to take part in the effort to enact a change in the policy because of his own military service.

“As an American, a congressman, and a Korean War veteran, I was proud to join my colleagues in ending the discriminatory law that previously barred open gay and lesbian soldiers from serving their country,ā€ Rangel said. ā€œNow is the time to finish the job and ensure that all those who served honorably are recognized for their honorable service regardless of their sexual orientation.”

Although a policy currently exists to change the designation on discharges, Pocan said he’s spoken to veterans who find the process cumbersome and are seeking a streamlined process.

“Sometimes they’ll put in, and then a couple months later, they’ll find out they need to submit something else, and a couple months later, submit something else, so they’ve had to get lawyers,” Pocan said. “We’re trying to put all of that up front so that the process will be much easier and more expedited than it currently is.”

Other aspects of the bill, according to Pocan’s office, will require the Pentagon to review the discharge review process and report on its consistency;Ā provide for the collection of oral histories on the discrimination against gay troops; and repeal the still-standing section of theĀ Uniform Code of Military Justice that prohibits sodomy for both straight and gay service members.

Pocan said the bill will be introduced “likely next week” and, in the meantime, he and Rangel are looking to build Ā co-sponsors. The Wisconsin lawmaker said they’re making an “extra effort” to build support among members of the House Armed Services Committee because that panel will likely have jurisdiction over the bill.

Pocan said about 30 House members are interested in being original co-sponsors of the legislation.

Asked about his plan for passing the legislation with Republicans in charge of the House, Pocan was vague about the way forward, but emphasized they’ll be talking with “partners on the outside” and the bill would be a follow-up to “Don’t Ask, Don’t Tell” repeal.

“I’m hoping that since we already have it repealed, that this can gain enough support that Congress can try to lead and get it done so we can put a fair process in place for people to get rid of that old discharge recognition,” Pocan said.

Allison Herwitt, legislative director for the Human Rights Campaign, shared the sentiment that the legislation would build off the successful 2010 effort to repeal the military’s gay ban.

ā€œThe repeal of ā€˜Donā€™t Ask, Donā€™t Tellā€™ was a tremendous first step in achieving equality in our nationā€™s armed forces,” Herwitt said. “It is important that we continue to address the discrimination that LGBT veterans face by updating their service records to reflect the reality of their service.ā€

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

ā€˜Biden administration is flat wrong on thisā€™

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

ā€œHealth care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

ā€œThe Biden administration is flat wrong on this. Itā€™s wrong on the science and wrong on the substance. Itā€™s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patientsā€”where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitationā€”the entire community is watching.” 

ā€œNo parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,ā€ she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

ā€œThis is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,ā€ said Scott.

ā€œLetā€™s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patientsā€™ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youthā€™s access to the very same care that many cisgender youth receive every year ā€” thatā€™s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.ā€ 

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Congress

Members of Congress introduce resolution to condemn Uganda’s Anti-Homosexuality Act

U.S. Reps. Mark Takano (D-Calif.) and Joyce Beatty spearheaded condemnation

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U.S. Rep. Mark Takano (D-Calif.) (Washington Blade photo by Michael Key)

More than 20 members of Congress on Thursday introduced a resolution that condemns Uganda’s Anti-Homosexuality Act.

Gay California Congressman Mark Takano and U.S. Rep. Joyce Beatty (D-Ohio) spearheaded the resolution that U.S. Reps. Becca Balint (D-Vt.), Lloyd Doggett (D-Texas), Adriano Espaillat (D-N.Y.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Josh Gottheimer (D-N.J.), RaĆŗl Grijalva (D-Ariz.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Gwen Moore (D-Wis.), Seth Moulton (D-Mass.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Mark Pocan (D-Wash.), Delia Ramirez (D-Ill), Linda SĆ”nchez (D-Calif.), Jan Schakowsky (D-Ill.), Brad Sherman (D-Calif.), Rashida Tlaib (D-Mich.), Ritchie Torres (D-N.Y.), and Debbie Wasserman Schultz (D-Fla.) co-sponsored.

“The House of Representatives condemns the government of Ugandaā€™s criminalization and draconian punishments regarding consensual same-sex sexual conduct and so-called ā€˜’promotion of homosexuality,ā€™” reads the resolution.

The resolution, among other things, also calls upon the Ugandan government to repeal the law.

ā€œIt is difficult to overstate the gross inhumanity of Ugandaā€™s Anti-Homosexuality Act,ā€ said Takano in a press release.

President Yoweri Museveni in May 2023 signed the law, which contains a death penalty provision for ā€œaggravated homosexuality.ā€

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court in April refused to ā€œnullify the Anti-Homosexuality Act in its totality.ā€ A group of Ugandan LGBTQ activists appealed the ruling.

ā€œInstead of focusing on rooting out corruption or ending extrajudicial killings, the Ugandan Parliament, president, and Constitutional Court have chosen to mark LGBTQ+ Ugandans as less than human,” said Takano. “Congress must not be silent in the face of such systematic, state-sponsored discrimination.”

“To all those LGBTQ+ people and your allies in Uganda ā€” we see you,” added the California Democrat. “We and the Biden administration will not allow this terrible violation of basic dignity to go unchallenged.ā€ 

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Politics

LGBTQ issues absent from Trump-Biden debate

Advocacy groups hoped candidates would address queer topics

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Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

At their televised debate in Atlanta on June 27, President Joe Biden and former President Donald Trump traded barbs on issues from abortion and election integrity to immigration and foreign policy. The 81 and 78-year-old candidates even argued over who is a better golfer.

Absent from the discussion, however, were matters of LGBTQ rights that have animated national politics in this election cycle with the presumptive Republican nominee promising to weaponize the federal government against queer and trans Americans as the president pledges to build on his record of expanding their freedoms and protections.

CNN hosted Thursday’s debate, with the network’s anchors Dana Bash and Jake Tapper moderating. ABC News will run the second debate scheduled for September 10.

The president’s performance was widely criticized as halting and shaky, with White House reporter Peter Baker of The New York Times writing that Democratic Party leaders are calling for him to be replaced at the top of the ticket.

Also setting the tone early into the program was Trump’s repetition of the lie that Democrats are so “radical” on matters of abortion that they “will take the life of a child in the eighth month, the ninth month, and even after birth.”

Biden, meanwhile, laid the blame at his opponent’s feet for appointing three U.S. Supreme Court justices during his term in office who overturned Roe v. Wade’s 51-year-old constitutional protections for abortion.

He also referenced the fallout from that ruling and the extreme restrictions passed by conservative legislators in its wake, arguing that Trump would not veto a federal abortion ban if Republican majorities in Congress were to pass one.

Trump also repeated falsehoods about the 2020 presidential election.

“Will you pledge tonight that once all legal challenges have been exhausted, that you will accept the results of this election,” Bash asked him, “regardless of who wins, and you will say right now that political violence in any form is unacceptable?”

The Republican frontrunner first responded by denying he was responsible for his supporters’ violent ransacking of the U.S. Capitol Building on Jan. 6 2021.

After the CNN anchor pressed him twice to answer the first part of her question, Trump said, “if it’s a fair and legal and good election, absolutely” but “the fraud and everything else was ridiculous.”

“You appealed and appealed to courts all across the country,” Biden responded. “Not one single court in America said any of your claims had any merit, state or local, none. But you continue to provoke this lie about somehow, there’s all this misrepresentation, all this stealing ā€” there is no evidence of that at all.”

The president continued, “And I tell you what, I doubt whether you’ll accept it, because you’re such a whiner.”

Advocacy groups hoped the debate would address LGBTQ issues

Leading up to the debate, advocacy groups urged the candidates to defend their records on and policy proposals concerning LGBTQ rights, with some arguing the discussion would advantage President Joe Biden’s campaign, as reported by The Hill’s Brooke Migdon.

As the community celebrated Pride this month, the Biden-Harris 2024 team made significant investments in paid media and the Out for Biden national organizing effort to court LGBTQ voters, who are expected to comprise a larger share of the electorate than ever before.

ā€œThis will be an enormous slight to our community if LGBTQ questions are not asked during this debate,ā€ GLAAD President Sarah Kate Ellis said. ā€œOur community is deeply affected by where these candidates stand.ā€Ā 

ā€œThe safety and freedom of LGBTQ people depends on your engagement with the candidates and ability to inform voters about their records and proposals,ā€ she said.

Annise Parker, the outgoing president and CEO of the LGBTQ+ Victory Fund, said ā€œI certainly hope that the moderators bring up the LGBTQ community and LGBTQ issues, because there is a stark contrast between the two candidates.”

ā€œI hope we see a substantive conversation on the records of these two men for the fight for a more equal society,ā€ said Brandon Wolf, national press secretary at the Human Rights Campaign.

ā€œA vast majority of people in this country support an America that treats people with dignity and respect; they support an America that prevents people from experiencing discrimination and harm simply because of who they are,ā€ he said.

ā€œThat is where the American people largely are, and I hope we get an opportunity on that stage to see the contrast between these two candidates.ā€Ā 

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