Wednesday, July 14, 2010

Gibbs on DOMA decisions: 'I'll point you to the Department of Justice on that'


Can't we ever just get an answer to a gay question from White House Press Secretary Robert Gibbs? Ever?

The Washington Blade's Chris Johnson asked Gibbs a question about DOMA at the briefing today -- and, big surprise, didn't get an answer:
White House Press Secretary Robert Gibbs on Wednesday deferred comment to the U.S. Justice Department on President Obama’s support for a recent court ruling overturning part of the Defense of Marriage Act.

In response to a Blade inqurity on whether Obama was supportive of the court decision, Gibbs replied, “Let me — I’ll point you to the Department of Justice on that.”
Yes, point us to DOJ. Punt the question.

This isn't just a legal question. It's about our basic rights. And, it's an increasingly important political question.

The Obama administration should know by now that there are going to be serious political ramifications if the Obama administration continues to aggressively defend anti-gay laws. The "separate, but equal" approach won't sell in 2012. It just won't. Read More...

Servicemembers United obliterates Geoff Morrell's flawed defense of the DADT study


Last week, Pentagon spokesperson Geoff Morrell held a last-minute press conference to rebut criticism of the DADT survey. Kerry Eleveld, who participated in and recorded Morrell's presser, posted the transcript here.

Clearly, the Pentagon is on edge about this survey. It's gotten nothing but criticism since it was announced. Servicemembers United has led the critique. And, today, SU provided an in-depth respond to Morrell. I posted the full response on Scribd.com and its embedded below. Let's just say, SU eviscerates Morrell's attempt to justify the survey.

From SU's press release:
Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, today released a detailed response memo to rebut the numerous false and misleading claims made by Pentagon spokesman Geoff Morrell about Servicemembers United's criticism of the biased DADT survey released last week. The survey, which was created and administered by the research firm Westat in conjunction with the Comprehensive Review Working Group, was sent out to 400,000 non-deployed active duty and reserve component troops at a cost to taxpayers of $4.4 million.

"Unfortunately, the Pentagon's responses to Servicemembers United's criticism of the DADT survey mirror the survey itself - flawed," said Alexander Nicholson, Executive Director of Servicemembers United and a former U.S. Army interrogator who was discharged under "Don't Ask, Don't Tell." "We continue to maintain that the Defense Department just shot itself in the foot by releasing such a flawed survey to 400,000 servicemembers, and it did so at an outrageous cost to taxpayers."

Here's the full response. Worth a read. SU totally dismantles Morrell's key arguments:
Servicemembers United response to Pentagon spokesperson Read More...

'The government dropped the case because they know it’s an embarrassment.'


As we reported below, the government (yes, the U.S. government) dropped its case against Lt. Dan Choi and Jim Pietrangelo. Just got a press release from GetEQUAL with statements from the key players. The release notes "Apparently, Prosecutor Christine Chang was unaware of the government’s decision as she stated, “I was ready,” and wasn’t able to explain the last-minute decision not to prosecute." It sure sounds like our side was ready, too. And, that was the apparently the problem for the government, too.

From the defendants:
“Today, truth was the victor against a demeaning, discriminatory law known as ‘Don’t Ask, Don’t Tell,’” said Lt. Dan Choi. “We won’t stop pressing for repeal and pressuring those standing in the way until the day comes when not one more gay or lesbian servicemember is fired. And, as of today, the President refuses to tell us when that day will actually come.”

“It is clear that the government was embarrassed and we were prepared to make them defend this antiquated and homophobic law. The government is afraid of having to defend this issue,” said Cpt. James Pietrangelo II. “The subpoena was an embarrassment for them, ‘Don’t Ask, Don’t Tell’ is an embarrassment for them and, after three months of discovery and preparation, the government dropped the case because they know it’s an embarrassment.”
From GetEQUAL's Robin McGehee, who also got arrested on March 18 at the White House:
“Civil disobedience won today,” said Robin McGehee, co-founder and co-director of GetEQUAL. “We’re thrilled today that Dan and Jim’s actions have been validated and that non-violent civil disobedience has been proven again to be effective in combating prejudice. We are proud to stand shoulder-to-shoulder with Dan, Jim and other LGBT active-duty servicemembers who are taking action to end this discriminatory policy.”
And, from the lawyers for Choi and Pietrangelo:
“We were ready to put ‘Don’t Ask, Don’t Tell’ on trial today, but it was clear the government was embarrassed to defend an indefensible policy,” said Mark Goldstone, lawyer for Lt. Choi’s and Cpt. Pietrangelo’s defense team. “Did the White House make a last-minute call to prevent this embarrassment from continuing? Clearly, someone did.”

Goldstone continued, “All fair-minded people should continue to agitate for actual and immediate repeal of this unjust, unfair policy. This is a big win for non-violent resistance to unjust policies and proves if you speak truth to power, good things can happen.”

“They declined to prosecute because the case would embarrass the government,” said Ann Wilcox, lawyer for Lt. Choi’s and Cpt. Pietrangelo’s defense team. “The President said it was important to pressure leaders like himself, and that is exactly what Lt. Choi and Cpt. Pietrangelo did before and intended to do again today.”
Read More...

Argentina's Senate debating same-sex marriage legislation


There is a quorom in the Argentinian Senate this afternoon, so there will be a vote on the marriage legislation. Joe.My.God has a livestream of the debate. Maybe some day we'll watch the U.S. Senate actually debate legislation to provide full equality. Some day. We can't even get a vote on ENDA.

Here's the livestream from canal5noticias (C5N):


The vote is going to be close. Here's the latest update from the Buenos Aires Herald:
In a last minute recount, 31 to 33 senators were expected to be in favour of the bill, while 33 to 34 were against it.

By ruling out the absence of four senators (two of them in China with President Cristina Fernández de Kirchner), seven senators remain undecided.

Senator Luis Viana is on sick leave while the ruling party and the opposition both think senator and former president Carlos Menem will not attend the session.
Read More...

The DADT trial of Log Cabin vs. Obama's DOJ is underway


Karen Ocamb was in the court room:
Attorney Dan Woods opened for Log Cabin:
“Your Honor, this case involves one of the most pressing civil rights issues in our great country today — the discrimination against homosexuals by our country’s military, authorized by the “don’t ask, don’t tell” statute, codified at 10 U.S.C. section 654 and its implementing regulations.”
The DOJ – with five attorneys and an Army Major at the table – said they were not going to put on any witnesses or provide any evidence. They were going to rely on the fact that this is a law created by Congress and the judge should pay deference to the military and Congress, as courts have traditionally done.

The rest of the morning was spent trying to prove that the Log Cabin Republicans have “standing” to bring the case. Woods argued that Alex Nicholson, who is now widely knows as the head of Servicemembers United, became a member of LCR on April 28, 2006. Woods elicited testimony from LCR Board President Terry Hamilton that Nicholson had paid $60 dues – but was considered an “honorary” member.

The DOJ strongly objected to whether Nicholson could be considered a member since he didn’t pay any dues and even the $60 dues had lapsed.
And, this line from AP sums up the situation:
The case has put the federal government in the awkward position of defending the policy that President Obama has said should be repealed.
Yeah, in this one, we're rooting for Log Cabin Republicans over the Obama administration. Imagine that. Read More...

BREAKING: Charges against Choi and Pietrangelo dropped


As I noted via updates in the post below, prosecutors dropped the charges against Lt. Dan Choi and Capt. Jim Pietrangelo this morning. I just got off the phone with Paul Yandura who is with Dan and Jim at the DC Superior Court.

Paul asked Prosecutor Christina Chang what the reason for the decision was and whether she was ready to trial. Chang told Yandura point blank, "I was ready."

In fact, all the arresting officers from DC and the Secret Service were in the room. They were there to be witnesses for the government. So, it sure sounds like the government was ready for a trial until something intervened. Paul told me that Dan shook hands with the officers and said, "I hope to see you soon."

According to Yandura:
It's clear that they were embarrassed that we were going to expose the fiction that repeal is finished or imminent. They were embarrassed that we subpoenaed the President and were going to use his words. It's clear that civil disobedience was the winner today.
Dan Choi asked the prosecutor if this meant the "stay away" order from the White House was no longer valid. The prosecutor said, yes.

So, this morning, the prosecutor was ready to go. But, for some reason, the case was dropped. I'm sure there will be more and we'll monitor developments.

But, Paul is right, civil disobedience won today. And, standing on principle did, too.

And, thanks to Scott Wooledge, a.k.a. Clarknt67, here's a photo of Dan and Jim outside of the court house with their attorneys, Ann Wilcox and Mark Goldstone:
Read More...

UPDATED: Choi and Pietrangelo on trial case dismissed today


UPDATE: Getting word via Twitter from Scott Wooledge (a.k.a Clarknt67), who is at DC Superior Court, that the case against Choi and Pietrangelo was dismissed:
Gov't silences a voice for #lgbt equality: @ltdanchoi has his case dismissed. No trial #dadt
More tweets from the scene here._______________________
Last night, BRAVO aired the episode of Kathy Griffin's reality show where she came to DC to "lobby" for DADT repeal. Actually, DC was just the backdrop for her show and that includes the staged rally in Freedom Plaza. It was all for the t.v. show. But, as we all know, a funny thing happened at the rally: Dan Choi made it real. He and Jim Pietrangelo marched to the White House where they handcuffed themselves to the fence to protest Obama's failure to lead on DADT repeal. The Griffin show did include Dan's speech to the rally and showed photos of Dan and Jim handcuffed to the fence.

Along with four others, they did the same thing in April.

GetEQUAL's sent a press release yesterday that provides a succinct explanation of today's proceedings:
Lt. Dan Choi and Cpt. James Pietrangelo will stand trial in DC Superior Court on charges stemming from Lt. Choi’s and Cpt. Pietrangelo’s arrests on March 18 and April 20 when they chained themselves to the White House gate, in an act of non-violent, civil disobedience, to protest the President’s lack of leadership on repealing “Don’t Ask, Don’t Tell.” The men are facing a non-jury trial on two counts of “Failure to Obey a Lawful Order,” pursuant to DC Municipal Regulations (18 DCMR 2000.2 (1995).
Lawyers for Choi and Pietrangelo have subpoenaed President Obama, but I don't expect to see him at the court house.

UPDATE with more background from GetEQUAL:
Lt. Dan Choi and Cpt. James Pietrangelo II are each charged with two counts of Failure to Obey a Lawful Order, pursuant to DC Municipal Regulations (18 DCMR 2000.2 (1995); these charges stem from arrests at the White House sidewalk, on two separate occasions, March 18, 2010 and April 20, 2010. They face a nonjury trial on both charges, on Wed., July 14, 2010, in Courtroom 120 of DC Superior Court. This Court is located at 500 Indiana Avenue, NW, in Washington, DC. These are relatively minor charges (the Defendants may only be fined, from $100 to $1000, and may not receive jail time for these infractions). However, the Defendants seek to use their trials to highlight the ongoing effects of the "Don't Ask, Don't Tell" law and policy of the U.S. Armed Forces toward gay and lesbian service members
Read More...

Tuesday, July 13, 2010

Anita Bryant returns from the grave...


She's back here in Oklahoma!
The controversial Queen of Gay Hate, Anita Bryant, will be returning to the stage on July 9, 2010 for a patriotic performance in Yukon, OK before an Oklahoma-based group that has become nationally known for its malevolent attacks on gays and whose members include the husband of leading homophobe State Rep. Sally Kern.
Speaking of Sally Kern this is a good opportunity to give to my friend, Brittany Novotny, in her bid to unseat Sally.

My Mom went to Will Rogers High School with her back in the day, and was a fellow Oklahoma college beauty queen and Oklahoma State University twirler. She is wanting to attend the event so she can kick her ass. I might just take Mom to see her, so I can witness the "throwdown 1950's beauty queen death match between beautiful progressive pro-gay rights Mom versus evil reanimated Anita Bryant corpse." Read More...

Even more about those shower curtains...


Another reader, Bob Richardson, writes:
Suppose, just for a moment, that as part of DATD rollback (I won't say "repeal" until it's really 100% gone), that segregated showers or bunks are created.

What do soldiers who are still in the closet do?

Are they required to "come out" by using the homo-designated facilities?

Will they be retroactively disciplined for having used the "wrong" facility if they choose to come out at a later date?

Beyond all the traditional problems with "separate-but-equal", I can see this leading to forced outings and invasions of privacy that are just as invidious as the current DADT.
Read More...

GetEQUAL to Obama: Condemn the Pentagon's comments on 'facility adjustments'


In the wake of the controversy swirling around the Pentagon's DADT survey and the comments about "facility adjustments" from Geoff Morrell, GetEQUAL wants to hear from our "fierce advocate." Here's the press release:
Today, GetEQUAL, a direct action lesbian, gay, bisexual and transgender (LGBT) civil rights organization, called on President Barack Obama to immediately and unequivocally speak out against comments made last Friday by a Pentagon spokesman suggesting that “facilities adjustments” may be necessary to accommodate gay and lesbian troops, should “Don’t Ask, Don’t Tell” be fully repealed.

The comments, made by Department of Defense Spokesperson Geoff Morrell, were in relation to a highly-criticized survey released last week, and sent to over 400,000 servicemembers, gauging their comfort level around “homosexuals” and seeking input from active duty troops and their families. However, the design of and questions in the survey do nothing to solicit feedback from those most truly affected by the policy-- gay, lesbian, and bisexual servicemembers and their families. Morrell said the survey -- which has been publicly criticized for its inherent homophobia by a number of different advocates, veterans and equal rights organizations -- might prove the need for “facilities adjustments” by the Pentagon to deal with heterosexual servicemembers’ uneasiness sharing living quarters with their openly gay, lesbian, and bisexual counterparts.

Morrell later backtracked, and claimed that he never suggested segregating gay troops, even though the Marine Commandant and the Secretary of the Army had both mentioned the possibility over the past year. Morrell now claims that he was simply suggesting that the Pentagon might buy new shower curtains to address any concerns shown by the troop survey.

“It is absolutely stunning that this White House continues to stand silently by while this survey demeans our men and women in uniform, including thousands of gay, lesbian, and bisexual servicemembers currently on active duty. And if that wasn’t bad enough, our ‘fierce advocate’ has yet to denounce his own Department of Defense’s comments trying to justify the need for the survey by suggesting that straight troops might need shower curtains to protect themselves,” said Robin McGehee, co-founder and co-director of GetEQUAL. “Considering the survey is costing nearly $4.5 million, those are rather expensive shower curtains. If the President is unwilling to publicly condemn these bigoted remarks, by one of his own employees, then our community can only interpret his silence as tacit approval of an incredibly ignorant and fundamentally homophobic point of view.”

McGehee continued, “On Wednesday, two courageous gay servicemembers will stand trial for their protest against the 'Don’t Ask, Don’t Tell' policy. If the Pentagon’s working group is truly interested in the effects of this discriminatory and outdated law on the men and women in uniform, perhaps they’ll take a few hours and come hear testimony from just two of the 14,000 patriotic veterans whose lives have been shattered serving under ‘Don’t Ask, Don’t Tell.’ Maybe then, they will gain a little more understanding about why gay and lesbian servicemembers are so outraged at their focus on shower curtains, instead of looking at our allied military counterparts' integration of gay, lesbian and bisexual servicemembers in other countries.”

Tomorrow, Lt. Dan Choi and Cpt. James Pietrangelo will stand trial in DC Superior Court on charges stemming from Lt. Choi’s and Cpt. Pietrangelo’s arrests on March 18 and April 20 when they chained themselves to the White House gate, in an act of non-violent, civil disobedience, to protest the President’s lack of leadership on repealing “Don’t Ask, Don’t Tell.” The men are facing a non-jury trial on two counts of “Failure to Obey a Lawful Order,” pursuant to DC Municipal Regulations (18 DCMR 2000.2 (1995).

Additionally, GetEQUAL also announced today that it has joined with Servicemembers United in calling on the Pentagon to refund the American people the millions of dollars it has spent on conducting this demeaning survey. The online petition, which can be viewed in full at www.surveyrefund.org; states, “The Department of Defense just paid the research firm Westat the outrageous sum of $4.4 million to design and administer an email-based survey about the repeal of the ‘Don’t Ask, Don’t Tell' law,” and demands that Westat and the Pentagon, “repay the American taxpayer for this outrageous waste of $4.4 million.”
Read More...

About those shower curtains..


A reader writes:
The response from the Pentagon continues to be disgusting. They have no shame when it comes to lies and deception. So, they were only talking about shower curtains? I wonder what they meant when they asked servicemembers how uncomfortable they would be if their neighbors in base housing were gay? Are they going to to build enormous privacy curtains around the gay houses so that the straight people don't have to look at them?

When they ask servicemembers how they will react to the icky gay people bringing their spouses to command functions are they planning to just wrap the offending parties in shower curtains so everyone else can socialize normally as if the gay and lesbian folks aren't there?

When they ask servicemembers whether the gays and lesbians will drive them to end their enlistment and career in the military, I wonder what plans they have for shower curtains to keep people from leaving in droves?

The Pentagon budgeteers are already working on their proposal for a multi-billion dollar plan to modify barracks, housing, and other facilities for gays as part of the implementation plan. They've succeeded in removing the non-discrimination language from the DADT bill so that they can deny benefits, promotions, and competitive assignments to gay and lesbian servicemembers if they are allowed to serve.

And it's all the gay community's fault for firing things up and criticizing their perfectly constructed survey. After all, it's just about shower curtains, right?
Read More...

The Pentagon is spending nearly $5m on a survey to pick shower curtains?


Seriously, that's their story? Read More...

On political homophobia, fear and being like the NRA


Last year, I wrote a post titled "Democrats and Political Homophobia":
There is, however, a version of homophobia that is much more insidious: Political Homophobia.

Political homophobes aren't gay-hating in the traditional sense. In fact, publicly, most are strong supporters of LGBT equality. But, behind closed doors, many Democratic leaders, consultants, Hill staffers and the rest will vociferously argue that there is no political benefit to actually supporting LGBT rights. Political homophobia is rampant among some Democrats. In some ways, it's worse than blatant homophobia, since we think most Democrats are on our side. And outwardly, they are.

Political homophobia dictates policy in DC more than we'd like to think.
Yesterday, the Victory Fund's Chuck Wolfe has a post at Bilerico about political fear. He basically describes political homophobia. People inside the beltway know exactly what this is. They hear it from our supposed allies all the time:
In the last decade these numbers have moved in only one direction--toward fairness and inclusion. And yet, Congress still hasn't enacted significant protections for LGBT Americans. Why?

Fear, mostly. Fear that despite their distinct minority status, anti-LGBT extremists wield inordinate power when directly challenged. Swat that nest, the thinking goes, and the hornets will swarm. Incumbents, especially this year, aren't eager to add perceived obstacles to reelection.

LGBT activists often debate whether this fear is rational. On one side are Beltway types who see it up close every day. It's the elephant in the room at every conversation with a moderate Democratic senator from the Midwest, a gay Republican staffer for a House member, and even White House strategists.

Whether one believes it's rational or not, this fear exists, and it's part of working in LGBT politics in Washington. It must be understood, or the conversation stops.
The conversation stops because people in these DC offices don't fear us. They fear the other side. And, although candidates often want our support (mostly money), they won't take the votes necessary to give us our rights. Wolfe's solution is: "Our job as advocates is to come together to find a solution, address the fear and create the conditions to win."

We do need to create the conditions to win. And, we're not going to get there by playing nice. For one thing, our advocates need to call out "political homophobia" when they see it. And, we need to make politicians fear us, not our opponents.

Elected officials and candidates view the gay community as an ATM. And, too many in our community are happy just to get invited. That hasn't gotten us our equality. Not even close.

We're often told by the likes of Barney Frank that we need to be more like the NRA. That group gets its way because it is feared. NRA members fight for their rights. They never let a perceived challengs to those rights go unanswered. We have to do the same thing. We shouldn't care if members of Congress like us. They need to fear us. We shouldn't care if our leaders get invited to parties at the White House. The NRA's Wayne LaPierre may never step foot in the Obama White House. And, the Obama White House will never challenge the NRA. Today's NY Times profiles just how powerful the group is these days. Obama already signed the NRA's bill to allow carrying guns in national parks. And, he would have signed the DC voting rights bill even if it included the provision to weaken DC's gun laws. That's not because Obama likes the NRA or invites its leaders to his parties. He fears them politically.

That's why we need groups like GetEQUAL and FightBackNY. We need to be feared, not loved. Very few elected officials do anything because it's the right thing to do. If we don't scare people into thinking we'll make them lose, we won't win our equality. So, yeah, let's be like the NRA. They fight for their rights -- and they win. Read More...

Senate Armed Services Chairman Carl Levin pans Pentagon DADT survey


Levin, and apparently other senior military officials, are not pleased that the President, the Chairman of the Joint Chiefs, and the Secretary of Defense decided to violate military protocol - hell, violate the entire way our military is set up - and start polling the troops about what they think about the Commander in Chief's decision, essentially giving them veto power over their own CINC.

Can you imagine a Republican CINC agreeing to survey the troops in order to decide if the CINC's orders should be implemented? Via Cynthia Tucker, this is from TIME:
When Harry Truman wanted to integrate blacks into the U.S. military in 1948, he simply ordered it done. When the Navy wanted women on ships beginning in 1978, it commanded its admirals to do so. When the Clinton Pentagon decided women should become fighter pilots, it issued orders telling the military to make it happen. For generations, the military mind-set has been, If we want you to have an opinion, we’ll issue you one. So why is the Pentagon asking troops how they’ll feel if forced to serve alongside openly gay comrades?

“This is a very dangerous precedent,” says Lawrence Korb, who ran the Pentagon’s personnel office during the Reagan Administration. “It gives the troops the feeling that they have a veto over what the top people want.”
But even a top officer acknowledges some unease. “We’ve never done this,” Admiral Gary Roughead, the chief of naval operations, said in February after Pentagon leaders endorsed ending “Don’t ask, don’t tell” and said they would survey the troops about it. “We’ve never assessed the force because it is not our practice to go within our military and poll our force to determine if they like the laws of the land or not,” he told an activist from the University of California’s Palm Center, which monitors the issue. “I mean, that gets you into [a] very difficult regime.”
Read More...

Wash. Post reviews -- and pans -- Kathy Griffin's HRC episode


Hank Steuver from the Washington Post reviews tonight's episode of the Kathy Griffin show. This is the one featuring her visit to DC to allegedly lobby for repeal of DADT. Of course, the whole trip was about her show and "the gays" were just props. Steuver panned the episode and HRC gets whacked a few times for engaging in the inanity. His conclusion focused on the only newsworthy event to happen during Griffin's week in DC:
It's all theater and the episode pokes along, proving once again the dreary effects that Washington can have on reality TV. Moreover, Griffin's constant jokes about her ardent fan base, "the gays" (as she calls them), start to wear thin. She thinks references to Cher, Liza, bathhouse sex and lesbian golf are still hilarious and fresh. (And why wouldn't she? Everywhere she goes, it seems there are gays and lesbians ready to cackle at her routines.)

At the rally, Griffin is approached by Dan Choi, a gay Army officer and radical opponent to DADT, who asks her if he can come up onstage with her. Once there, he takes the microphone and implores the crowd to walk with him a few blocks to the White House.

"I am in uniform, I am still fighting, I am still speaking out, I am still serving, and I am still gay," Choi declares. "Will you all here join me? Kathy will you go with me?" he asks Griffin, whose face freezes in PR horror.

Griffin answers yes, but she means no. She chooses to stay behind and deliver the crowd a text message she says has just been sent from Cher, which she dangles before everyone like it's gay catnip. Choi marches over to the White House, where he and another soldier handcuff themselves to the Pennsylvania Avenue fence and are promptly arrested.

"Imagine if I had gone," Griffin says. "Two soldiers who have served bravely in silence and one potty-mouthed comedian? It would have looked ridiculous."

What? Kathy Griffin is suddenly afraid to look ridiculous?
On the day of this rally, I got a text message from a friend who was at the Kathy Griffin rally, which read:
Lieut. Dan choi heads to white house to fight dadt. Griffin and HRC's Solmonese stay for photo ops. Welcome to gay dc.
Kinda sums it up.

Tonight, Kathy Griffin has some laughs about gay issues. HRC will get some face time on Bravo. Tomorrow, Dan Choi and Jim Pietrangelo will be in court to defend themselves for fighting for equality.
Read More...

Recent Archives