Amid national focus on suicides, Perez Hilton promises to stop bullying and outing

In a sign of the wave against bullying, and the power of Ellen DeGeneres, Perez Hilton announced this week that he would stop bullying and trying to out celebrities on his blog. It's certainly noteworthy considering the huge number of readers he has. There is a real awareness of the importance of the words we use and the messages we send as individuals and as a culture.

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The Pentagon issues memo on 'Homosexual Conduct Discharge Processing' a.k.a. DADT

Here's the "guidance" from Clifford J. Stanley, the Under Secretary of Defense for Personnel and Readiness, on how the Department of Defense is handling the fact that "Don't Ask, Don't Tell" isn't in effect right now. It isn't. And, the Department of Defense doesn't want to be in contempt of Court. Although, it's pretty clear, Gates and his people have contempt for the ruling that found DADT unconstitutional.

The key thing, as SLDN and SU have been saying is: Gay and lesbian servicemembers should NOT come out.
Memo on DADT From Undersecretary Stanley Read More...

Now HRC is giving Obama a pass on federal employee health benefits

[UPDATE: HRC's weekly update email is out from its president Joe Solmonese.  You'll be surprised to hear there's not a word about DADT or DOMA, even though there was huge news this week on both: The President is appealing our legal victories on each, and actually fighting to bring DADT back.  Not a peep from HRC's weekly update.  It's all about marriage, since, you know, marriage has been all we've been talking about all week.]

You see, Obama gave a speech. And to HRC, apparently words are still enough. Note the repeated references in HRC's press release, below, to how the President has already done his part (he hasn't, btw), but Congress, we're told, has dropped the ball.

Really? You mean the President has done all he can to get DOMA repealed? He hasn't done a single thing - hell, we had to beg the DNC to put DOMA back on their Web site. As for the employee benefits bill, who exactly in Congress has the President called to lobby for votes? That is the way it works, you know. When the President wants something, he actually gets involved in the process, he doesn't just give a speech. HRC knows that. HRC knows, for example, that when DADT went down in flames a few weeks ago, the President didn't call a single Senator to lobby for their support. He did, however, on that same day, find the time to call a women's basketball team to congratulate them on their victory. That wasn't very fierce advocacy.

So why, again, let the President off the hook? HRC is doing the same thing on DADT, putting the onus solely on Congress to get the compromise passed during the lame duck session. But as we've seen time and again (public option, anybody?) when the President refuses to engage, progressives lose. Why not demand the President actually do something beyond words? Why not expect the President to use a few chits to make his gay rights promises a reality?  Why continue the canard that the President has no power other than to give speeches?

Instead, HRC is off publicly expressing gratitude to the President for the "fine job" he's done on DADT. That would be the hideously anti-gay law that a judge just threw out, and the President is in court trying to bring back. That's what HRC is grateful for.

We will get nowhere on DADT, DOMA or ENDA until HRC stops providing cover for the President's abject failure.

Here is HRC's release:

Human Rights Campaign
FOR IMMEDIATE RELEASE: October 15, 2010
Michael Cole | michael.cole@hrc.org | Phone: 202-216-1553

Pet Insurance Offering to Federal Employees Highlights Absurdity of Partner Benefit Denial

HRC's Joe Solmonese: "Current law puts federal workers' parrots ahead of their partners"

WASHINGTON - The Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender civil rights organization, today called on Congress to put the real lives of people first and offer domestic partner benefits to federal employees. Earlier this week, government employees participating in Federal Employee Health Benefits were notified by a provider that they are eligible to buy into insurance policies for their pets. These same employees are denied the opportunity to cover their same-sex domestic partners.

"Current law puts federal workers' parrots ahead of their partners," said HRC President Joe Solmonese. "It is time for Congress to act to put people first and extend health care benefits equally to all of their employees."

Benefits, such as health insurance and retirement savings, are a significant portion of employee compensation. Although the federal government - the nation's largest civilian employer - offers attractive family benefits to employees with different-sex spouses, it does not offer the same benefits to lesbian and gay workers with partners. As a result, these employees do not receive equal pay for their equal contributions, and the government cannot keep pace with leading private-sector employers - including many federal contactors - in recruiting and retaining top talent. In fact, 57% of Fortune 500 companies offer domestic partner benefits to their employees. HRC is not aware of any statistics regarding pet insurance offerings by the Fortune 500.

The President has instructed federal agencies to "conduct a thorough review of the benefits they provide and to identify any that could be extended to LGBT employees and their partners and families" and some limited benefits have been extended. But because of the Defense of Marriage Act (DOMA), Congress must pass the Domestic Partner Benefits and Obligations Act to extend critical health care benefits. The President has called on Congress to pass DPBO (S.1102 and H.R.2517) which has been passed in House and Senate committees but awaits floor action. [emphasis added]

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Palm Center: Obama didn't quite tell MTV audience the truth

I mentioned this yesterday. Now, Aaron Belkin of the Palm Center backs me up.

On Thursday, a questioner at an MTV town hall meeting asked President Barack Obama why he does not take advantage of his executive powers to end “don’t ask, don’t tell” unilaterally. The president responded, “Congress explicitly passed a law that took away the power of the executive branch to end this policy unilaterally. So this is not a situation in which with the stroke of a pen I can simply end the policy unilaterally. … I can’t simply ignore laws that are out there.”

Obama’s response was not entirely accurate. While it’s true, of course, that Congress enacted “don’t ask, don’t tell” into law in 1993, there are two ways in which the president could use executive authority to protect gay troops.

There may be reasons for him to decline to use his executive authority to suspend “don’t ask, don’t tell” via a stop-loss order, or to eliminate the law forever by deciding not to appeal the district court ruling. But it's not entirely correct to say that he lacks such authority.

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Three Teens Charged In Anti-Gay Attack

Horrible, the attacks occurred TO AND FROM school, but glad a semblance of justice is hopefully in the process of being served.

MINEOLA, N.Y. -- Three teenagers beat and slapped a younger boy during bus rides to and from school this week because they suspected he was gay, and two of them taunted him about it, police on New York's Long Island said Thursday.

David Spencer, 18, and Roy Wilson, 16, were arraigned Thursday in Nassau County Court in Hempstead. Bail was set at $1,000 for Spencer and $500 for Wilson. They were represented by attorneys from Legal Aid, which does not comment on pending cases. A third co-defendant, 16-year-old Chase Morrison, will be arraigned Friday; the name of his attorney was not immediately available.

Morrison and Spencer were charged by police with felony assault and aggravated harassment, the latter charge stemming from alleged anti-gay epithets uttered during the attacks, police said. Wilson was charged only with assault because police said there was no evidence that he made any anti-gay slurs.

The more times homophobes are successfully prosecuted for their behavior, the more loud and clear the message will be that society will not tolerate their assaults against our humanity. We have to protect our young LGBT kids because no one else seems to be stepping up, and we've "got to give them hope." Read More...

HRC caves on DADT appeal

Well that didn't take long:

"It is certainly disappointing and frustrating that the administration has sought a stay," said Joe Solmonese, president of the gay rights group Human Rights Campaign. "There is one simple way to put the endless legal wrangling behind us and do what the president and the American people want to strengthen our military: The administration and Congress need to finish the legislative work on 'don't ask, don't tell' repeal after the election."

No, the simple way to end DADT is for the President to stop appealing our court victories, stop defending DADT if he does appeal, and stop the discharges immediately using his stop-loss powers.

HRC claimed it wanted the President not to appeal, and now, even though he hasn't officially appealed yet (he's just indicated he will), and there's still time for HRC to mount the same kind of effort it recently mounted against the Mormons, HRC says "oh well" and goes home. Why can't HRC get 100,000 petitions, urging the President not to appeal, and drop them off at the White House, just like they did in Salt Lake City? Or would that jeopardize next year's dinner speaker?

Remember, HRC promised us that DADT would be repealed this year. Tick tock. We're all very curious what that $37m a year is buying us. We know what it's buying the Democratic Party - political cover - but what about us? Read More...

DOJ refuses to appeal case favoring religious right

Dogs? Check. Religious right? Check. Gays? Not so much.

Funny, I thought the Obama administration always appeals cases it loses. Read More...

Mixner on Obama: 'He has failed us miserably. This could have had been all over yesterday.'

Another must read from David Mixner:

As you listened to President Obama on MTV yesterday about DADT, you couldn't help but feel he was whispering sweet nothings into your ear and seeing someone else on the side. Nothing in his words match his actions. In fact, the decision to appeal the DADT Federal Court decision is tragic with powerful consequences. The Department of Justice, in appealing the case, is morally wrong and cowardly.

The message being sent by Secretary of Defense Gates and the Obama team deeply is ingrained with homophobia. What it basically says is that being a LGBT soldier is such an abnormal concept that we need to be studied, examined and have a special process all just for us! That instead of abiding by the court decision the entire military will be thrown into chaos and the world will come unraveled. Isn't it amazing that we never knew as a community that we had the power to threaten the entire military structure, the ability to conduct war and are so scary to the United States government?

This whole column is brilliants. Here's the conclusion:

Empty promises of action in the future no longer work Mr. President. The odds of either a lame duck Congress or a new Republican dominated Congress tackling DADT after this year's elections is not promising. You know it and so do I.

The President had a moment where he could have exercised greatness and powerful moral leadership. Instead, he chose 'process' and 'politics' over justice and freedom. He once again refused even to issue a 'stop loss order' while his precious process takes place. No matter what happens in the future, the President will never again regain his moral high ground on this issue. He has failed us miserably. This could have had been all over yesterday.

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Fierce Pet Advocate

Igor Volsky at ThinkProgress:

This morning, federal employees who are insured through the Federal Employees Health Benefits (FEHB) Program received an email from Aetna advertising their new pet insurance plans. “In these challenging economic times, it’s good to know you can get some financial protection for unexpected illness and injury to your pets,” the e-mail reads before listing the many benefits:

The insurance is a handsome perk for those who can afford it, but what’s illuminating about the ad is that while federal employees can buy pet insurance “in these challenging economic times,” LGBT workers are still prohibited from purchasing policies for their partners or spouses by the Defense of Marriage Act (DOMA) — a federal law which denies federal benefits to legally married same sex couples.

DOMA is another discriminatory federal law that President Obama is still defending in court, even though he has claimed repeatedly that he wants to see it repealed.  Yet he's done nothing to advance its repeal.

And, whatever happened to the Domestic Partnership Benefits and Obligations Act (DPBO). How many times did we hear that legislation was going to pass this year? Read More...

To be clear, Obama admin. filed its 'Notice of Appeal' in the DADT decision

The Department of Justice had 60 days to decide whether or not to appeal the decision in the Log Cabin Republican's DADT case. Some politically savvy people hoped the Obama administration would use that time period as leverage with Congress. If Congress didn't pass the Defense Authorization bill, then the Obama administration wouldn't appeal. I wish it were true. But, let's face it: the crew at the White House isn't that savvy -- and I'm sure we'd hear that it's not their style.

Yesterday, shortly after the Obama administration requested a stay of the DADT decision, it also filed its notice of appeal with the Ninth Circuit. The DOJ isn't waiting 60 days. Via Josh Gerstein:

The government filed a notice of appeal at about 4:40 PM Eastern Thursday, roughly 45 minutes after Justice Department lawyers filed their stay request and supporting documentation. For those who still harbor some doubt, here's a copy of the formal notice of appeal.

The notice of appeal is not a notice you're going to appeal, but actually initiates the appeal. The notice is filed with the district court and causes the docket and records in the case to be transmitted to the court of appeals, in this instance the U.S. Court of Appeals for the Ninth Circuit. Except in rare circumstances, you don't file an appeal directly with the court of appeals.

This is also important:

One final note: sometimes the Justice Department does file what might be called a protective notice of appeal in order to meet a court deadline when deliberations about whether to pursue an appeal are continuing. But if you look at the detail of the government's filings Thursday in the Log Cabin Republicans case, there's no indication that's what's going on here.

Nope. DOJ is determined to appeal. The boss, meaning Gates, not Obama, must have insisted.

The failure of the Obama administration to actually work on the repeal of DADT guarantees that it will be an issue for the Obama campaign in 2011. Every indication is that the Obama crew cut a deal with Gates to delay a vote until after his report was completed. That was clever, huh? Yesterday, while DOJ was filing its notice of appeal, Barack Obama's twitter feed stated:

Anybody who wants to serve in our armed forces and make sacrifices on our behalf should be able to. DADT will end & it will end on my watch.

Nice words, not matched by action. DADT may end on his watch -- if the courts act. Don't count on legislation. Read More...

Eleveld grilled Gibbs on DADT. Got vow that Obama will be 'actively involved' in lame duck

Yesterday, at the White House press briefing, Robert Gibbs got a number of questions about Don't Ask, Don't Tell. He kept reiterating the standard talking points, but wouldn't say whether the President, a constitutional law scholar, thinks DADT is unconstitutional.

Kerry Eleveld grilled Gibbs:

Those last questions are important. Gibbs actually stated, "I just said that he would be actively involved in that. If that, Kerry, involves talking to senators, absolutely. Does that involve staff here talking to the staff of senators? Absolutely." Of course, we don't know how the White House defines "actively involved."

Gibbs seemed surprised that anyone would question whether the President would engage in lobbying of the Defense bill, which includes the DADT language. Most know Obama didn't do a thing to help pass that bill in September -- nor did his staff. He didn't call one Senator. And, don't forget, while Obama didn't call any wavering Senators when the GOPers were filibustering the Defense bill, he did manage to call the WNBA Champs. For more background on the lack of effort by the White House on DADT, read this account by Nick Baumann and David Corn.

If the DADT language doesn't pass in the lame duck session, it could be years before we get another opportunity. Years.

Maybe Robert Gates will allow the White House to push for passage of the Defense bill in the lame duck session. Gates is calling the shots here, not his boss. Read More...

Dellinger: If Obama appeals DADT, he should tell judge it's unconstitutional and ask that it be struck down

Former Clinton Solicitor General Walter Dellinger was on Rachel Maddow tonight, and he proposed that the Obama administration continue to appeal DADT, but that in their appeal they make clear that they believe the law is unconstitutional and they think the court should strike it down - i.e., they should not defend the law in their appeal. The same logic could just as easily apply to the administration's defense of DOMA on appeal.

I'm not convinced that the administration has to appeal at all, but even if they think they do, they most certainly don't have to defend the law in their appeal. Yet that's what they're currently doing, defending DADT and DOMA, and it needs to stop.

Here's Rachel and Dellinger.

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