Kinder and gentler bigotry: Gates makes it little bit harder to discharge gays

I'm sorry, but either we are a threat to morale and cohesion or we're not. But for Secretary Gates to claim that there will be "enormous consequences" if we let gays serve before his little study is done, and then say that he's making it harder to kick gays out, would seem rather contradictory. Either it's a problem having us there or it's not. But Gates can't play the game of testifying that we're not a problem, then telling the court we are, and now once again suggesting we're not (so more of us can stay, but not everyone!)

This is supposed to appease you. But I fear it's too little too late. New DADT discharges aren't what's driving the community's anger on this issue - not anymore. The discharges have already slowed down during Obama's term, it didn't defuse a thing. People aren't pissed that too many gay service members are being kicked out, they're pissed that the promises are not being kept, period. I don't think this change will help calm things down one bit. Read More...

Valerie Jarrett responds to Dan Choi on DADT, and gets it wrong again

Valerie Jarrett was just on CNN to respond to Dan Choi, who earlier today excoriated her and the President over DADT. The clip, below, includes an excerpt from Dan's interview on CNN. She stuck to the same Obama administration's talking points -- the incorrect ones -- she used earlier today. It's stunning. Does the Obama administration understand how badly they've handled this issue?

Jarrett stated that DOJ "has no choice but to defend the laws that are on the books." That's just not true. She should know better by now, especially since the Obama DOJ has refused to enforce a number of laws. Even Ted Olson says they don't have to appeal. But she keeps saying it.

Then, when Wolf Blitzer asked her why the President doesn't say the law is unconstitutional, she claims he's done just that. That question HAS NOT been answered. It's simply not true.

And her response to Wolf's question about how we get DADT passed once the Republicans win a lot of seats in the mid-term elections: "This shouldn't be a Republican or a Democratic issue." What? That's the administration's post-election plan, to simply dismiss the political implications of losing seats and possibly the majority in Congress?

One last thing: You won't hear a clear commitment from Jarrett that Obama will push for DADT legislation in the lame duck session. She's asked, and she bobs around.

I'm stunned. Watch for yourself:


More from the Wonk Room. Read More...

LGBT leaders unite for Rep. Patrick Murphy. Seriously.

Earlier today, we co-hosted a live chat with Rep. Patrick Murphy, one of our strongest advocate in Congress.

Now, we're releasing a video urging support for Murphy. And, major hat tip to Dan Manatt from Manatt Media for producing this video.

You'll recognize a lot of the people in this video -- and you won't see them all agreeing on a lot. But, they're united to support Rep. Patrick Murphy.

Help Patrick win. He's in a tough battle for reelection -- and needs our help. Donate here.

Yeah. How about that? Now, donate. Read More...

Openarms Youth Project holds It Gets Better Rally

The Openarms Youth Project featured in the New York Times and located in Tulsa, Oklahoma had a "It Gets Better" rally to show support for the area's LGBT youth in response to the epidemic of teen suicides in response to being bullied for their actual or perceived sexual orientation.

I personally attended the event and the stories that were shared and program was incredibly moving. A friend of mine, Professor Laura Belmonte, was interrupted by a group who loudly drove their truck parallel to the rally and screamed unintelligible gibberish while she tried to speak. I heard something to the effect of "Lesbians... blah! blah! blah!" Laura responded gracefully and humorously, and continued on but it was a fine example of why those teens need our support. The teen years are hard enough without being isolated as some kind of pariah, and even assaulted, for your actual or perceived sexual orientation.

Please read the comments at the end of the article as another example of just how necessary it is to work for changing the climate of hate, willful ignorance and intolerance that exists here at ground zero that is ripe for needed change. Read More...

Join our live chat with Rep. Patrick Murphy, the House leader on DADT repeal

The chat with Rep. Patrick Murphy begins at 1:30 PM. The Iraq vet was the House sponsor of the DADT repeal bill -- and has been a tireless advocate. Now, he needs our help. The chat is co-hosted by Open Left, Good As You, Pam's House Blend, Bilerico and AMERICAblog.

For this one, we've got an ActBlue page set up. On Murphy's ActBlue page, the top fundraiser so far is by Stonewall Democrats with 99 contributors. I bet our combined blogs can top that this afternoon. We want 100. Help Patrick Murphy today.
Read More...

GetEQUAL to greet Obama in Seattle

Last week, Marc Ambinder told us that Obama doesn't like getting heckled. In fact, Ambinder knows it:

I do know that President Obama gets angry every time he's heckled by "Don't Ask, Don't Tell" protesters. He thinks he's doing everything he can given the constraints imposed on him by reality.

If Obama thinks that he's doing everything he can, he's the only one who does.

Obama wouldn't get heckled and protested if he was delivering on his promises. He's not. So, today, GetEQUAL will be protesting his events in Seattle.

Via press release:

GetEQUAL, -- a direct action lesbian, gay, bisexual and transgender (LGBT) civil rights organization – and local LGBT activists are set to protest the Seattle visit of President Obama and Senator Murray over their lack of leadership and courage for Full Federal Equality for LGBT Americans.

The protest organizer provided this statement:

Western Washington University student activist, Ben Crowther, said, “President Obama and Senator Patty Murray need to hear loud and clear that the queer community needs fierce advocates, we need our elected leaders to show leadership and courage, and we need them to fight for our rights. Passive attitudes and inaction allow homophobic attitudes to continue unconfronted. And it's these homophobic attitudes and the unwelcoming environment created by such that ultimately takes the lives of our queer youth."

There are 12 days til Election Day. And, then Obama is going to be starting his reelection campaign. I'm thinking this is what he can expect til he actually delivers.

Here are the details:

WHAT: Protest of President Obama to demand that he show leadership and end Don’t Ask Don’t Tell

WHEN: Thursday, October 21, 2010 from 10am – 12:30pm (PST)

WHERE: University of Washington Hec Edmundson Pavilion, in the plaza just outside the Pavilion

WHO: GetEQUAL and local Washigton state activists

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Valerie 'Lifestyle Choice' Jarrett falsely claims DOJ required to defend all laws; says critics don't 'actually understand' process

In addition to falsely claiming that the DOJ has no choice but to defend, enforce, and appeal anti-gay laws, senior Obama adviser Valerie Jarrett also appears to take a swipe at those of you who aren't happy with the President's less-than-fierce advocacy on this issue. Apparently, you just don't understand the way things work.  (Oh trust me, I think we're beginning to.)  From Igor Volsky in The Wonk Room.

JARRETT: Until Congress repeals it, the Justice Department is doing what it is required to do, and that is to defend the laws of the land. But I want to be very clear, the President thinks that it is time for the policy to end and that is what he intends to ask Congress to do.

You know what, c. Believe me, we wish that it were another way because the President has been so clear. And I think there are many members of the gay community who actually understand this, and who are working with us to try to put pressure on Congress to repeal it. It’s clear that vast majority of American people think that it should not be the law. And we are determined to have Congress revoke it. But we have to go through that orderly process.

So I guess Ted Olsen doesn't understand the law either, huh Valerie?  This, from George W. Bush's solicitor general:

As Ted Olson — former Solicitor General under President George W. Bush — explains, “it happens every once in awhile at the federal level when the solicitor general, on behalf of the U.S., will confess error or decline to defend a law.”

“I don’t know what is going through the [Obama] administration’s thought process on ‘don’t ask, don’t tell,’” Olson said. “It would be appropriate for them to say ‘the law has been deemed unconstitutional, we are not going to seek further review of that.’”

I think it's time someone got Valerie Jarrett a new set of misinformation talking points, because the current ones have already been debunked, embarrassingly so.

No, Valerie, DOJ is not required to defend, or appeal, or enforce every law.  That's a lie.  Newsweek did the best summation of the options the President has here, but to quote from their story, "Most experts in constitutional and military law say [President Obama] has other options" than simply appealing, defending and enforcing the law.

Not to mention, if Valerie Jarrett is so sure that "the Justice Department is required to defend the law of the land," then why has the Obama administration refused to enforce lots of other laws since they came into office?  We've enumerated them before.  Let me share with you a bit of that post:

A) Last October the Obama administration outright ignored federal law regarding marijuana because it was at odd's with the administration's policy preferences with regards to medical marijuana.

B) Then there is President Obama's use of signing statements to simply ignore laws passed by Congress.

C) Then there's this from the NYT just two months ago:

T]he approach will make it harder to keep track of which statutes the White House believes it can disregard....

[T]he administration will consider itself free to disregard new laws it considers unconstitutional....

Mr. Obama nevertheless challenged dozens of provisions early last year. The last time was in June, when his claim that he could disobey a new law requiring officials to push the World Bank and the International Monetary Fund to adopt certain policies angered Congress....

Last year the Obama administration disregarded a statute that forbid State Department officials to attend United Nations meetings led by nations deemed state sponsors of terrorism. Congress has included that restriction in several recent bills.

D) Then there was the time that the Obama administration refused to enforce immigration laws because they didn't comport with the administration's policy preferences.

Need I go on?

I'd like to think that a senior White House official, who just spoke at the HRC dinner, isn't lying to our community about the state of play with regards to DOJ and the law.  I'd like to think that she's simply seriously ignorant of how all of this works.  But this isn't the first time the Obama administration has tried to mislead the gay community on this issue.  They do it a lot.  And it's always the same false talking points about how they have no other option than to defend the law.

And it's a lie.

Finally, with all due respect to Valerie Jarrett, why is the White House using someone who thinks being gay is a "lifestyle choice" to be their top spokesperson on gay issues?  Regardless of whether it was a simple slip of the tongue for Jarrett's to use the phrase to recently describe a now-dead gay bullying victim, her use of the anachronistic and supremely offensive language shows that she is not intimately familiar with our community and our issues.  No gay spokesperson would use that phrase, ever.  But it seems there aren't any senior White House advisers who are openly gay (nor are there any openly gay Cabinet secretaries, or Supreme Court nominees), and the only gay spokespeople they have are unfortunately relatively low level.  So we have to rely - the President has to rely when getting advice on our issues - on someone who thinks the state of play in the gay community is offensive religious right talking points from twenty years ago.

The Obama administration has done this much damage to the gay community's decades-long relationship with the Democrat party in only 19 months.  Imagine how bad it's going to be at the end of four years. Read More...

Dan Choi on CSPAN took questions on DADT, both good and really ugly

First, here's a good question and a great answer:

And, an ugly question with the appropriate response:
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'Will straight and gay troops have to shower next to one another?'

This is the second line in AP's latest article on DADT:

Will straight and gay troops have to shower next to one another?

Everything you need to know about how hard the Pentagon is trying to undermine repeal is summed up in that question. And, it surely indicates that the forces opposed to repeal are pulling out all the stops. It also means that "separate, but equal" isn't off the table.

If you want to hear all the talking points from opponents of repeal, read this article in full. Because basically all their arguments are laid out. For example:

If the military lifts the ban suddenly, would there be attacks on gays? Would religious parents, coaches and teachers who oppose gay rights persuade young recruits not to enlist? If a platoon member says he is gay, would his comrades still support him, or would there be infighting?

Conway, the Marine Corps commandant, claims, by his own informal survey of the force, some 90 to 95 percent oppose letting gays serve openly.

"We recruit a certain type of young American, pretty macho guy or gal, that is willing to go fight and perhaps die for their country," he said.

There is a voice of reason:

"If your commander-in-chief says this is the new law, then that's the way we follow it and we make it work," said David Hall, a former Air Force staff sergeant who was discharged under the 1993 Clinton-era policy.

That's the way it's supposed to happen. Instead of fighting repeal, military leaders should be making it work. And, their Commander-in-Chief needs to lay down the law with them. Read More...

Join us for a live chat with Rep. Patrick Murphy, Thursday at 1:30pm Eastern

OpenLeft explains it well enough for all of us:

Please join us tomorrow, Thursday October 21st at 1:30 PM EST, for a live chat with Rep. Patrick Murphy

One of the more interesting races to watch has been that of Rep. Patrick Murphy, Democrat of Pennsylvania. The Hill poll out today has him up 46-43 over former Republican Rep. Mike Fitzpatrick, a remarkable swing from a poll that had him down double-digits just a few weeks ago. Murphy has always been of interest to me because he was the original co-sponsor and leader on the successful effort to pass repeal of Don't Ask, Don't Tell in the House- something stand-up for this straight veteran to do from a challenging district with a strong challenger lining up (despite the numbers on DADT, everyone was telling him to focus solely on jobs, jobs, jobs and stay away from those gay issues. Needless to say, he ignored them). He counted the votes and worked hard on the inside.

Today, the Philadelphia Inquirer endorsed him, and tomorrow morning will be final two debates. Afterwards, we're having him here on OpenLeft simultaneously with AMERICABlog, Pam's House Blend, The Bilerico Project, and Good As You for a live chat about his campaign, Don't Ask, Don't Tell, and whatever else is on your mind.

Please join us tomorrow, Thursday October 21st at 1:30 PM EST, for a live chat with Rep. Patrick Murphy.

And, we've got an ActBlue page for Murphy here. Read More...

Another gay college student commits suicide

Corey Jackson

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Report from today's NYU Law's panel: 'Are Conservatives the Most Effective LGBT Advocates?'

Scott Blair, an AMERICAblog reader and NYU Law student, last wrote to us from Miami, where he was attending Lavender Law, the National LGBT Bar Association Annual Meeting. Today, he attened a panel at NYU's Law School titled, "The Log Cabin Republicans' Victory Against 'Don't Ask, Don't Tell': Are Conservatives the Most Effective LGBT Advocates?" The event was held in collaboration with NYU OutLaw. They had quite a panel. Here's Scott's report:

Today, NYU Law had a panel on DADT, Log Cabin Republicans v. The United States, and the state of the repeal of DADT after the Republican-led filibuster. Speaking at the panel were Richard Socarides, Bill Clinton’s LGBT advisor, R. Clarke Cooper, the Executive Director of the Log Cabin Republicans, and Aaron Tax, the Legal Director of the Servicemembers Legal Defense Network (SLDN). The panel was moderated by Kenji Yoshino, a professor of Constitutional Law at the NYU School of Law.

Oddly, the panel didn’t focus so much on the legal strategy and prospects at the 9th Circuit and Supreme court of Log Cabin Republicans, but rather on how we ended up with no legislative repeal in site. The panel began with a discussion from Richard about how we ended up with DADT, and putting the failure of Clinton’s plan to let gays and lesbians serve openly in historic perspective. Even into George H.W. bush’s presidency, being gay was a possible security risk; no major countries let gays and lesbians serve openly; and the Democratic Chair of the Armed Services Committee, along with Colin Powell, came out forcefully opposed to the repeal, hosting a meeting of the Armed Services Committee in a submarine’s quarters to illustrate how gays would have to share bunk beds with straights. The media remained stuck on the issue, and Clinton, seeking a victory, worked with Barney Frank and others to come up with “Don’t’ Ask, Don’t Tell, Don’t Pursue.”

There was an interesting remark from Richard about Clinton’s claim a few months back that he was told by Powell that DADT would let gay servicemen attend pride parades, live with a partner, etc. so long as they weren’t out at work. Quoting Richard, “That’s an example of all of us remembering what we want to remember. There’s a lot more to it.” As Kenji pointed out, immediately after DADT was passed, expulsions of gay and lesbians skyrocketed.

The panel then turned to Aaron discussing the law’s consequences, the extent of which may be unknown to even many proponents of repeal. Among SLDN’s clients have been a soldier who told his father he was gay, who then reported it to the military to get him discharged; people who told friends or family members they were gay before joining the military, and have it reach an enemy in the chain of command. Among the absurdities: a man who was threatened with discharge because he had a photograph with his arm around another man in his locker. The military stopped pursuing his discharge when he informed them it was a family photo with his cousin.

Clarke Cooper then talked about his experience on the case, which actually began
back in 2004, and then it moved onto his view of the Log Cabin Republicans. Given the fact that every single Republican filibustered the Defense Authorization bill which said that DADT would be repealed if the Joint Chiefs and the President sign on, there was a bit of flack from the audience about why they were pushing for more Republicans in Congress given their uniform opposition to gay rights. Cooper claimed that there were Republicans onboard for pushing for repeal, but Harry Reid’s procedural shenanigans made them all fall in line with the party and if it’s voted on after the elections it would get Republican support.

(I will say he isn’t the only person to make this claim. Servicemembers United made a similar claim in the period immediately before and after the failed vote.)

More interesting was the claim that when the Log Cabins lobbied for DADT’s repeal, they were often told by Republican Congressmen that they were the first people to visit and actually lobby for the repeal. I suspect this isn’t true, given what I know of SLDN, but it was worth mentioning. He was honest that the Republicans are less gay-friendly than the Democrats (to put it mildly), but I am sympathetic by the idea that if no one is pushing for gay rights in the GOP, then they will never change. I’d be more sympathetic if even “pro-gay” Republicans like Snowe and Brown didn’t vote against gay rights, but take it for what it’s worth. And more compelling is that the RNC has asked the Log Cabins to run campaign ads for GOP candidates in New York state, and that, compared to in the early 1990s, people are actively seeking their endorsements. And Cooper certainly had a point when he said whether you like it or not, the Democrats will not pass any legislation without some GOP support.

Ultimately, though, everyone at the panel was convinced that the Log Cabin Republicans’ victory has helped to keep the prospect of repeal alive. The sky hasn’t fallen since the repeal was issued, and despite the Pentagon’s claims, repeal won’t entail a host of new regulations and a new problem for the school. As Aaron Tax said, “all the repeal will do is not fire people for being gay.”

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BREAKING: Ct. of Appeals reinstates DADT at Obama admin.'s request, stay granted temporarily

Thanks to the Obama administration, Don't Ask, Don't Tell is now the law of the land again. Via Twitter:

Appeals court allows temporary reinstatement of ban on gays in the military - Reuters

More to come...

UPDATE via The Advocate:

Less than 24 hours after a federal judge refused to block an injunction against "don't ask, don't tell," the U.S. court of appeals for the ninth circuit has done so — at least temporarily.

A three-judge panel with the ninth circuit ordered a stay requested by the Justice Department "temporarily in order to provide this court with an opportunity to consider fully the issues presented." Attorneys representing the Log Cabin Republicans may file an opposition to the stay by next Monday, the court ruled.

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Hillary wore purple today

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Just watch these videos

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