National
‘Don’t Ask, Don’t Tell’ comes to an end
Burden on gay, lesbian service members lifted Tuesday
An estimated 2 million U.S. service members were trained on gay-related issues in the run-up to next Tuesday’s lifting of the military’s gay ban. (Washington Blade file photo by Michael Key)
As gay and lesbian troops await the end of the 18-year-old ban on openly gay service members on Tuesday, observers say the change will have significant impact beyond the military.
“Don’t Ask, Don’t Tell” will finally be lifted from the books thanks to the certification of repeal that President Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen sent to Congress on July 22. In accordance with the repeal law that President Obama signed in December, certification started a 60-day timeclock for the end of the ban on Sept. 20.
Aaron Belkin, author of “How We Won,” a book on the lessons learned for progressive causes resulting from “Don’t Ask, Don’t Tell” repeal, said the end of the military’s gay ban represents the end of what he called the “political paranoia” that led to the institution of the law in 1993.
“Just abstracting away from the question of LGBT rights that’s a danger to every American citizen,” Belkin said. “Sept. 20 is about the cultural change for the military and the political change for gay and lesbian troops … but I would say, even more importantly, it’s a moment when truth and fairness trumped paranoia, and that’s just critical.”
Jeff Krehely, director of the LGBT research and communications project at the Center for American Progress, said allowing open service will be significant for many Americans.
“‘Don’t Ask, Don’t Tell’ repeal is huge and tremendous, but I think there are much larger implications for society because a lot of people really respect the military,” Krehely said.
Observers agree the process that led to the end of “Don’t Ask, Don’t Tell” will have a lasting impact as well.
Alex Nicholson, executive director of Servicemembers United, said the training in which service members have been participating will have significant influence on the perspective with which troops — and the American public at large — view gay and lesbian people.
“They really took the time to train and educate the force on the various assets of this policy and hypotheticals,” Nicholson said. “It was an hour of instruction on gays and lesbians, on gay families, on gay partners and it was a really a normalization routine. It was really exposed to millions of America’s most conservative youth to the normality of gays and lesbians.”
Among the situations that the training addressed, Nicholson said, were gay troops holding hands, going on dates or participating in military events with their partners. Nearly 2 million service members received the “Don’t Ask, Don’t Tell” training before certification took place on July 22, according to the Pentagon.
Workplace discrimination against LGBT people could be an issue that gains new focus after “Don’t Ask, Don’t Tell” repeal. No federal law exists to protect LGBT workers against discrimination. Firing someone for being gay is legal in 29 states and firing someone for being transgender is legal in 35 states.
Krehely said open service could generate support for the Employment Non-Discrimination Act, which would prohibit discrimination against LGBT workers in most situations in the public and private workforce, or encourage other employers to add protections for LGBT workers.
“The military is probably one of the biggest and most visible workplaces in our country,” Krehely said. “I think Sept. 20 is a clear indication that this discrimination should not be there any longer, and that we need to move forward on ENDA, and educate people about the broader workplace issues that we’re up against.”
Despite the potential for long-term impact, advocates say the change resulting in the end of “Don’t Ask, Don’t Tell” won’t be immediately apparent and any impact of any lifting the gay ban will be more drawn out.
Krehely said the end of “Don’t Ask, Don’t Tell” next week won’t mean the “world changes necessarily” on Tuesday.
“I think that it’s just people who want to serve their country will want to do that without living in fear,” Krehely said. “That’s the biggest change. It may not be visible, but it’s really important to those people and it’s really important to the military itself.”
Nicholson predicted Tuesday will be a “non-event” and said many gay service members will choose not to come out even though they won’t be in danger of dismissal now that the military’s gay ban is off the books.
“I think you’ll see a good number of them who decide not to come out,” Nicholson said. “I think the post-repeal military is going to resemble any conservative American workplace where individuals judge their willingness and their comfort level in coming out.”
According to the most recent findings from the Williams Institute at the University of California in Los Angeles, an estimated 48,500 lesbians, gay men and bisexuals serve on active duty or in the ready reserve in the U.S. military, while an additional 22,000 are in standby and retired reserve forces. These 70,500 service members make up 2.2 percent of the total force.
But what will happen to those service members who choose to be public about their sexual orientation? Will service members patronize their local gay bars while in uniform? Will Pride parades include contingents of openly gay troops?
Some gay troops have already started brandishing their military credentials during Pride celebrations. In July, about 200 active-duty troops and veterans marched in San Diego’s Pride parade. They weren’t wearing uniforms, but T-shirts indicating their branch of service. The event was the first time a military contingent participated in a Pride celebration in the United States.
Nicholson said that the standards that apply to straight service members with regard to uniforms will also apply to gay troops — so wearing the uniform may not be appropriate in some circumstances.
“Unless it’s some unusual circumstances, service members don’t wear their uniforms out to the bar,” Nicholson said. “I can pretty much guarantee that violations of long-standing and well-understood regulations like that for the sake of publicity is going to be frowned upon by gay troops because the community consensus is they want to blend in like everyone else and not have any special treatment.”
Nonetheless, gay troops will undoubtedly be visible in the post-repeal world. Belkin said the higher visibility of gay troops — and their relationships — following the end of “Don’t Ask, Don’t Tell” will add to the political pressure to advance the fight for same-sex marriage.
“We’re going to see gay and lesbian service members coming back from the Middle East and talking about the importance of marriage equality, and, very tragically, we’re going to see gay and lesbian service members fall in the battlefield and their partners, husbands and wives will not be dealt any benefits their straight counterparts have,” Belkin said. “That is going to illustrate for the public in a much more vivid way the stakes of the marriage debate.”
What’s the next frontier for those who worked to repeal “Don’t Ask, Don’t Tell?” Securing benefits for gay and lesbian troops is the next step advocates plan to take after the gay ban is lifted from the books.
The Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, prevents the military from offering benefits to gay troops, such as health care benefits. But other benefits related to housing and legal services could be changed administratively.
Krehely said benefits for gay troops will be among the issues advocacy groups will be pushing for in the post-repeal world.
“I think that there are still some implementation issues that need to be worked out in terms of benefits and housing, and I think that’s something advocacy organizations and research groups are going to keep trying to make some progress on,” Krehely said.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
Comings & Goings
Kansas passes bathroom bounty hunter bill
ACLU sues Kansas over law invalidating trans residents’ IDs
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Spring into sold
New book profiles LGBTQ Ukrainians, documents war experiences
PHOTOS: Queen of Hearts
Two very different views of the State of the Union
Va. activists preparing campaign in support of repealing marriage amendment
