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We hope the military has good lawyers!

An appeals court in Seattle ruled yesterday that Major Margaret Witt can continue her lawsuit against the United States military, which discharged her after uncovering her lesbian ways.

While the court didn't directly take on Don't Ask, Don't Tell, which prohibits gays from serving openly, it said the military can only "intrude" on gay soldier's lives to "advance an important governmental interest."

CONTINUED »

» Caution.

Servicemembers Legal Defense Network warns gay military folk that marrying in California may blow their cover: "…Gay and bisexual military personnel cannot take advantage of these opportunities without risking their careers," said SLDN executive director Aubrey Sarvis. "'Don't Ask, Don't Tell' jeopardizes the livelihood of any service member who seeks to enter into a civil union, domestic partnership or marriage.'" [PR Newswire]

  Respond

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Pennsylvania politico Joe Sestak joined the good fight this week.

The representative joined thousands of other fist-shakers in calling for an end to Don't Ask, Don't Tell, which prohibits open homos from serving in the military. Prior to his life as an elected official, Sestak served in the Navy for thirty-one years, became a three-star Admiral and counts as the highest ranking veteran in Congress.

So, basically, he knows what he's talking about: "It is easy for me to see why 'Don't Ask, Don't Tell' should be repealed. Once you have served in war and faced danger with a gay service member, how can you come home and say gay people should not enjoy equal rights? It is simple. 'Don't Ask, Don't Tell' must be repealed."

Meanwhile, some less famous, but just as important politicos lent their support: NYC Council Veterans Committee.

Council leader Hiram Monserrate had this to say: "I remain committed to working to improve the lives of our brave men and women who serve this country. The many members of the LGBT community should be able to serve without fear. The Armed Forces should make it clear that any anti-gay discrimination is unacceptable." And, during wartimes, down right idiotic.

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The House Oversight and Government Reform Committee released new information today revealing that the United States' armed services have offered more "moral waiver" than previously disclosed. Those waivers allow convicted felons to serve despite their criminal records.

According to the data given to the committee by the Department of Defense, the Army allowed the most waivers in 2006 and 2007. During this period, moral or felony waivers were given to 3 soldiers who had been convicted of manslaughter. One soldier was allowed in following a kidnapping or abduction conviction, 11 were convicted of arson, 142 convicted of burglary, 3 who were convicted of indecent acts or liberties with a child, 7 who were convicted of rape, sexual assault, criminal sexual assault, incest or other sex crimes and 3 who were convicted of terrorist threats including bomb threats.

Gays, meanwhile, must remain in the closet, unlike common criminals.

» Out Of Touch.

On yesterday's episode of The View, Joy Behar asked Republican presidential hopeful John McCain if he would reinstate the draft to keep the Iraq War going. McCain claimed that we don't need a draft, because voluntary enrollment works. Apparently not, because our armed services are now actively recruiting from Uganda. Yes, Uganda. [SH]

  3 Responses
» Sneaky.

The U.S. Special Operations Command recently received a study on the power of blogs, which suggests they ingrain the military's ideology in cyberspace: "Information strategists can consider clandestinely recruiting or hiring prominent bloggers or other persons of prominence… to pass the U.S. message. In this way, the U.S. can overleap the entrenched inequalities and make use of preexisting intellectual and social capital." That's why we love our military - it's so thrifty! [Wired via Gawker]

  Respond

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Deborah Howell had her work cut out for her this Sunday. The Washington Post ombudsman had to explain why her paper did not mention fallen American soldier Major Alan Rogers' homosexuality.

Rogers died in Iraq early this year and, according to his friends, begrudgingly hid his homosexuality under the military's Don't Ask, Don't Tell policy. Those same friends say Rogers would have wanted his untimely death to highlight our army's unfair treatment of gays.

Howell explained yesterday, however, that the original story did include Rogers's homosexuality, but Executive Editor Len Downie made the call to excise that tidbit because "there was no proof that Rogers was gay and no clear indication that, if he was, he wanted the information made public."

Howell goes on to defend Downie's decision, which is in line with the Post's editorial standard on sexuality: it shouldn't be mentioned unless absolutely integral. Not all gay activists, the paper believes, are gay, which is definitely true.

Though she doesn't criticize Downie outrightly, Howell does some more digging into Rogers' life - including chatting with other activist friends - and concludes that the story would have been "richer" with more details on Rogers' private life.

The Post was right to be cautious, but there was enough evidence — particularly of Rogers's feelings about "don't ask, don't tell" — to warrant quoting his friends and adding that dimension to the story of his life. The story would have been richer for it.

Now that the story's out, perhaps Rogers' death can do some actual good…

» Forward!

Openly gay Massachusetts State Rep. Carl Sciortino yesterday sponsored legislation that would grant pensions to soldiers booted under the Clinton era Don't Ask, Don't Tell laws. [Advocate]

  1 Response

Today marks Don't Ask, Don't Tell's 15th anniversary. May this year be its last…

When it comes to gays and Hollywood, what needs to change? With Fox News' John Gibson making it clear that not everybody is okay with gay plotlines, let alone gay actors, Queerty editorial director David Hauslaib sat down with BigThink.com to discuss that issue.

Also touched upon, in the clip below: what David believes to be the most important issues facing the gay community today, as well as the responsibility gay men and women have toward the younger generation.

Why Won't You Just Die?!


It's been 14 years since Bill Clinton's administration enacted Don't Ask, Don't Tell, the discriminatory measure barring out gays from serving in the military. To mark the bill's anniversary, 28 retired admirals and generals have sent Congress a bit of an anti-birthday card. There's no "many more" on this one:
…28 retired generals and admirals plan to release a letter on Friday urging Congress to repeal the law.

"We respectfully urge Congress to repeal the ‘don’t ask, don’t tell’ policy,” the letter says. “Those of us signing this letter have dedicated our lives to defending the rights of our citizens to believe whatever they wish.”

The retired officers offer data showing that 65,000 gay men and lesbians now serve in the American armed forces and that there are more than one million gay veterans.

“They have served our nation honorably,” the letter states.

Human Rights Campaign and gay activists, meanwhile, are showing their indignation by flying 12,000 flags on the National Mall. Those flags, of course, represent 12,000 soldiers booted for being bent. 12,000 sure is a conveniently round number, huh?

Oh, and be sure to watch HRC's video about the flag flying - it's very patriotic.

Candidates Get Down On Gays In The Military


The CNN/YouTube debates sure were straight last night, huh? We had to wade through immigration, Iraq and the economy before we got our 'mo moment.

For those of you who came and went before the blessed event, we'll fill you in: homosexual and Retired Brigadier General Keith Kerr inquired:

I'm a retired brigadier general with 43 years of service. And I'm a graduate of the Special Forces Officer Course, the Commanding General Staff Course and the Army War College. And I'm an openly gay man.

I want to know why you think that American men and women in uniform are not professional enough to serve with gays and lesbians.

Well said, if you ask us.

We break the candidates down, after the jump.

CONTINUED »

Gay Soldiers Should Follow The Rules

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Senator Hillary Clinton promised voters that she'll try to overturn Don't Ask, Don't Tell: the discriminatory policy that forbids soldiers from coming out. Regardless of the Democrats lofty goals of equality, Clinton wants gay military men and women to watch themselves:

In Tama, an Air Force veteran asked Clinton about her support for allowing gays to serve openly in the military. How would privacy be protected, he asked?

Clinton said she believed all service members, including gays, must be expected to observe the Uniform Code of Military Justice, which determines appropriate behavior.

"I feel strongly that if someone wants to serve their country, if they're a patriot, if they'll comply with the code of military justice and have appropriate behavior, they should not be disqualified simply because they are gay."

Who knew a presidential candidate could be so ironic?

Lawyer Telling It Like It Is

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Don't Ask, Don't Tell got a judicial probing yesterday in Seattle.

Former military major Margaret Witt and her lawyer are appealing Witt's dishonorable discharge. Witt had spent eighteen years serving her country and had even garnered two decorations from President Bush when an anonymous tipster blew up her lesbianic spot, thus leading to her aforementioned discharge.

Witt fought the 2004 decision, but lost during the first round of July 2006 hearings. Now Witt's fighting back hard in Seattle, where her lawyer's playing the Lawrence v. Texas card. That case, of course, dismantled our nation's anti-sodomy laws. Witt's lawyer, however, insists that ruling also applies to Don't Ask, Don't Tell because it makes gay sex a "fundamental right". DADT violates those rights by enforcing gay silence.

A Justice Department lawyer says otherwise, telling the appeals panel, The court very clearly stops short of…recognizing a fundamental right."

Witt, who appeared in uniform during yesterday's hearings, describes DADT as "irrational". We describe it as "discriminatory," which violates more than just Lawrence v. Texas, but our constitution.

Press Picks Up On Amsterdam Attack

We've previously reported on two Canadian soldiers accused of anti-gay attacks in Amsterdam. Canada's National Post provides more details:
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The two soldiers, on leave from the mission in Afghanistan, were arrested on May 26 by Dutch police after an altercation in Amsterdam, a Canadian Defense department official confirmed.

The men were originally charged with attempted manslaughter, attempted criminal negligence causing bodily harm and public violence but there have been ongoing discussions to reduce those charges. The charges are under the Dutch criminal code and do not have an equivalent under the Canadian legal system, military officials said.

Rather than give them the boot, the Canadian military simply reassigned them to a base in The Netherlands.



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