Connect with us

National

After ‘Don’t Ask’ repeal, what’s next?

‘Our goals have been met’

Published

on

Groups that worked to advance “Don’t Ask, Don’t Tell” repeal last year aren’t resting on their laurels as they continue toĀ see work ahead in ensuring that open service is implemented and gays in the militaryĀ are treated fairly.

In the near term, the main priority for those organizations now that President Obama has signed legislation allowing for “Don’t Ask, Don’t Tell” repeal is to ensure that certification of open service happens swiftly.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization willĀ pursue open service as required by the law signed by the president.

“Dec. 22 was a great day, but the reality is, we don’t have repeal,” Sarvis said. “The reality is ‘Don’t Ask, Don’t Tell’ is still the law. So, our first priority is the first 90, the first 180 days is to get certification.”

Aaron Belkin, director of the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, said his organization will be in “monitoring mode” for possibly the remainder of the year.

“The finishing line is here, but we haven’t crossed it yet, unless and until we get certification and good regulations,” Belkin said. “Our job at this point is to just make sure that the process continues and that if there’s any foot-dragging at the Pentagon, that we call attention to it.”

Belkin said he anticipates the Palm Center will produce another study about three or six months after certification is issued to determine if implementation was successful.

The measure Obama signed would only enactĀ open serviceĀ after the president, the defense secretary and the chairman of the Joint Chiefs of Staff certify that the U.S. military is ready for “Don’t Ask, Don’t Tell” repeal.

Further, after certification takes place, a 60-day waiting period for congressional review must pass before gays can serve openly in the U.S. military without fear of discharge.

In the State of the Union address on Tuesday, Obama committed to certifying “Don’t Ask, Don’t Tell” repeal before the year is out. The president said he expects certification to happen in a “matter of months”Ā in an interview last month with The Advocate.

Defense Secretary Robert Gates has said he won’t issue certification for open service until new regulations are drafted and training has been instituted in the armed forces.

Beyond certification, groups working on “Don’t Ask, Don’t Tell” foresee a number of outstanding tasks that will remain, including providing legal services and ensuring that benefits are offered to gay troops.

Sarvis said SLDN will continue to provide legal services to gay service members who are facing discharges or who have questions about coming out while in service.

“I think, as an organization, SLDN will still be here providing legal services, working with Congress on oversight and being a resource to the Pentagon to make open service a reality,” he said.

Sarvis said since the legislation was signed, SLDN has heard from more than 225 service members who’ve called with questions about continuing to serve safely or receiving benefits in the post-repeal military.

Further, Sarvis said ensuring gay service members receive the same benefits afforded to straight service members would be another aim for SLDN.

“The post-repeal focus, in large part, will be parity for LGBT service members — particularly parity with respect to benefits: health benefits, GI benefits across the board,” Sarvis said.

The Pentagon report on ā€œDon’t Ask, Don’t Tellā€ — published Nov. 30 — states that the Defense of Marriage Act prohibits the U.S. military from affording many benefits to same-sex partners of service members, but other benefits, such as death benefits and hospital visitation access, would still be available.

Sarvis said a combination of DOMA and other regulations prohibit gay serviceĀ members from receiving the same benefits as their straight counterparts, but there is some leeway.

“There are some instances where the [defense] secretary has some authority with respect to definitional changes for dependents … but for most benefits, particularly involving spouses … DOMA is a big barrier,” Sarvis said.

Belkin also acknowledged that a number of tasks will remain even after certification takes place and open service is implemented — although he said he doesn’t know if the Palm Center would be the best organization to address them.

Among theĀ outstanding jobs that BelkinĀ cited areĀ providing employee resourcesĀ to liaison between gay troops and the Pentagon; promoting public education on transgenderĀ people in the U.S. military;Ā and working with the Department of Veterans Affairs to create programming for gay service members.

Beyond the upcoming year, Belkin said he isn’t sure what tasks the Palm CenterĀ will pursue, but added he suspects consultation with other organizations could be on the agenda.

“We’ll be offering advice or pro-bono consulting to any organization that wants to learn some of the lessons that we learned along the way about public education and how to use social science to inform public policy conversations,” Belkin said.

Pro-LGBT groups that took on “Don’t Ask, Don’t Tell” as part of a portfolio that included other issues plan to continue to use resources for other items on the agenda.

Fred Sainz, HRC’s vice president of communications, said his organization last year contributed aboutĀ $3.5 million to the “Don’t Ask, Don’t Tell” repeal effort. But he cautioned against asking where that money would go this year.

“It’s not necessarily a fair posit to say, ‘You have these resources, which you dedicated to “Don’t Ask, Don’t Tell,” what are you going to do with that pot of money now?'” Sainz said. “Because as you know, the [‘Don’t Ask, Don’t Tell’] issue changed considerably over the course of the year and we don’t yet know either the opportunities or the vulnerabilities that we have going into this coming year.”

One lingering question: What will anti-gay groups dedicated to keeping “Don’t Ask, Don’t Tell” on the books do now that legislative action on repealing the law is complete.

Elaine Donnelly, president of the Michigan-based Center for Military Readiness, was among the leading advocates attempting to stop gays from serving openly in the military. The “forced intimacy” of having gay troops serve with straight service members was among her favorite phrases.

The Center for Military Readiness didn’t respond to multiple requests on what the organization will pursue now that legislation has been passed to repeal “Don’t Ask, Don’t Tell.”

Belkin noted that Donnelly pursued keeping gays out of the military as part of a broader effort that includes preventing women from serving in combat.

“Her broad concern is the feminization of the military,” Belkin said. “So, there are a lot of ways in which she has tried to roll the country back to the 20th or the 19th century, so she has plenty of culture wars left to fight.”

Whether groups that have focused on “Don’t Ask, Don’t Tell” will haveĀ reducedĀ resources now that legislative action is complete also remains in question.

Sarvis said “time will tell” what kind of resources SLDN will haveĀ as he acknowledged the organization’s board approved in November — and reaffirmed in December — a slightly smaller budget from what it had last year.

According to Sarvis, SLDN’s board approved a budget for 2011 that was around 12.5 percent smaller than it was in 2010. He said it decreased from $2.4 million to $2.2 million.

BelkinĀ said he doesn’t think the Palm Center will have same budget as it had in previous years and said the organizationĀ plans toĀ stop fundraising.

“We have endowments that will keep sustaining us at a lower level capacity, but, I think, for the most part, once “Don’t Ask, Don’t Tell” is gone, then the biggest part of our mission will be over, and we’ll be one of those organizations that’s fortunate enough to say, ‘Our goals have been met,'” Belkin said.

Servicemembers United couldn’t be reached for comment on what the organization intends to pursue now that legislative action on “Don’t Ask, Don’t Tell” repeal is complete.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

Published

on

Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

ā€œSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,ā€ they said in a statement. ā€œThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā€

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā€

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

ā€œI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā€ said Janson Wu, director of advocacy and government affairs at the Trevor Project. ā€œI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.ā€

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

Continue Reading

U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

Published

on

U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

ā€œLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. ā€œThey matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā€

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

ā€œAll students benefit from a school climate that promotes acceptance and respect,ā€ said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  ā€œEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā€

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

Continue Reading

U.S. Supreme Court

LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP

Kennedy v. Braidwood oral arguments heard Monday

Published

on

HHS Secretary Robert F. Kennedy, Jr. (Washington Blade photo by Michael Key)

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.

Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.ā€

The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Law’s Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.

The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.

While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.

Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the ā€œEnding the HIV Epidemicā€ begun under Trump’s first term will be continued.

ā€œToday’s Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”

She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.ā€

Lambda Legal HIV Project Director Jose Abrigo said, ā€œThe Braidwood case is about whether science or politics will guide our nation’s public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”

“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”

He continued, “What’s at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one group’s rights is an attack on all.ā€

PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”

He continued, “Implementing cost-sharing  would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”

“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.ā€

ā€œToday’s oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities — it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”

She continued, “Since the Affordable Care Act’s preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”

“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”

“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.ā€

ā€œWe are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”

“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffs’ arguments today were cloaked in esoteric legal language, at it’s heart, this case revolves around the Christian Right’s objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”

“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular