Out Servicemember Runs for Seat in CO House in Post-DADT America

Yesterday, Chris Geidner of MetroWeekly's Poliglot reported that Brian Carroll, an out servicemember, is running for a seat in the CO house.  Read all of Geidner's article here.

If Elected Michele Bachmann Would Reinstate "Don't Ask, Don't Tell"

On Tuesday evening, Presidential hopeful Michele Bachmann (R-MN) made a conference call to supporters of the Faith and Freedom Coalition in which she promised that, if elected, she would reinstate the anti-gay "Don't Ask, Don't Tell" policy. This, of course, lends further support to critics of a recent 9th Circuit decision to dismiss the ongoing legal challenge to "Don't Ask, Don't Tell."

Legal Challenge to "Don't Ask, Don't Tell" Dismissed

The U.S. 9th Circuit Court of Appeals has dismissed a seven-year-old suit challenging the constitutionality of the anti-gay "Don't Ask, Don't Tell" policy on the grounds that, since the policy has officially been repealed, the legal controversy has now ended and rendered the case moot. Over a year ago a federal judge ruled in Log Cabin Republicans v. United States that "Don't Ask, Don't Tell" was a violation of gay, lesbian and bisexual soldiers' First and Fifth Amendment rights. Now, if a future Congress decided to reinstate the policy, opponents would have to start a new lawsuit from scratch in order to challenge it. Jon Davidson of Lambda Legal, a prominent LGBT civil rights organization, issued a statement saying that the 9th Circuit's decision to dismiss the suit effectively ignores the 14,000 servicemen and women who lost their jobs and benefits since DADT was enacted in 1993.

DADT Aftermath: Marine Recruiters Visit Gay Center

Marine recruiters were invited to set up a booth at a gay center in Tulsa, Oklahoma immediately following the official end of "Don't Ask, Don't Tell." According to the Marines, only one in ten applicants qualify for service, and the majority of applicants are turned down for multiple reasons (e.g. obesity, asthma, Attention Deficit Disorder), but sexual orientation is no longer one of them. As one of the recruiters, Master Sgt. Anthony Henry, said, "My take is, if they [gays, lesbians and bisexuals] can make it through our boot camp, which is the toughest boot camp in the world, then they ought to have the opportunity to wear the uniform."

The End of "Don't Ask, Don't Tell"

Yesterday the repeal of "Don't Ask, Don't Tell", a policy which barred openly gay and lesbian Americans from serving in the armed forces, officially took effect. While this move does not affect transgender Americans, who are still not allowed to serve, and will not reinstate soldiers discharged while it was in place, this is still an historic time for America. Now gay, lesbian and bisexual soldiers who defend our nation will no longer be required to hide their true feelings and identities for fear of losing their jobs. One soldier took the opportunity to call his father and reveal that he is a gay man--his father assured him that he loves him unconditionally and that this would not affect their relationship in any way. OutServe Magazine published names and photos of 101 courageous soldiers who were previously forced to live their lives in the closet. Navy Lt. Gary Ross finally married his partner of eleven years in Vermont. The Marine Corps spent time deleting multiple references to "homosexual conduct" from their regulations handbook. While the controversy surrounding DADT is far from over, this is a major step in the right direction.

10 Anti-Gay Myths Debunked

The Southern Poverty Law Center, a prominent civil rights organization, thoroughly debunks ten of the most pernicious anti-gay myths used by the far-right, including the notions that homosexuals molest children at higher rates than heterosexuals, that no one is born homosexual and that people who identify as gay, lesbian or bisexual were often abused as children. Certainly worth reading:
http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2010/winter/10-myths

CA Federal Judge tells government to stop enforcing DADT

From MSNBC.com

"RIVERSIDE, Calif. — A federal judge Tuesday ordered the government to stop banning openly gay men and women from serving in the military under the "don't ask, don't tell" policy.

U.S. District Judge Virginia Phillips found the policy unconstitutional in September. On Tuesday, she rejected an Obama administration request to delay an injunction and ordered enforcement of the 17-year-old policy permanently stopped.

The Justice Department has 60 days to appeal. Legal experts say the government is under no legal obligation to do so and they could let Phillips' ruling stand.

The federal government is reviewing the ruling and has no immediate comment, said Tracy Schmaler, spokesman for the Justice Department.

"Don't ask, don't tell" prohibits the military from asking about the sexual orientation of service members but bans those who are gay from serving openly. Under the 1993 policy, service men and women who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base, are subject to discharge.

Phillips declared the law unconstitutional on Sept. 9 after a two-week nonjury trial and said she would issue a nationwide injunction. But she asked first for input from Department of Justice attorneys and the Log Cabin Republicans, the gay rights group that filed the lawsuit in 2004 to stop the ban's enforcement.

The Log Cabin Republicans asked her for an immediate injunction so the policy can no longer be used against any U.S. military personnel anywhere in the world.

"The order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the miltiary for fighting and dying for our country," said Dan Woods, an attorney for the Log Cabin group.

Government attorneys objected, saying such an abrupt change might harm military operations in a time of war. They had asked Phillips to limit her ruling to the members of the Log Cabin Republicans, a 19,000-member group that includes current and former military service members.

The Department of Justice attorneys also said Congress should decide the issue — not her court.

Phillips disagreed, saying the law doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training.

She said the law violates the free-speech and due process rights of service members after listening to the testimonies of military officers who have been discharged under the policy.
Legal experts say the Obama administration could choose to not appeal her ruling to end the ban — but Department of Justice attorneys are not likely to stay mum since Obama has made it clear he wants Congress to repeal the policy.

"The president has taken a very consistent position here, and that is: 'Look, I will not use my discretion in any way that will step on Congress' ability to be the sole decider about this policy here,' " said Diane H. Mazur, legal co-director of the Palm Center, a think tank at the University of California at Santa Barbara that supports a repeal.

Gay rights advocates say they worry they lost a crucial opportunity to change the law when Senate Republicans opposed the defense bill earlier this month because of a "don't ask, don't tell" repeal provision.

If Democrats lose seats in the upcoming elections, repealing the ban could prove even more difficult — if not impossible — next year.

Woods said the administration should be seizing the opportunity to let a judge do what politics has been unable to do.

The Associated Press and NBC News contributed to this story. "

Mullen & Gates condemn open letter regarding DADT

Michelle Garcia of The Advocate reports:

"A three-star general's opposition to repealing the military's ban on openly gay and lesbian troops may put his career in jeopardy.

Lt. Gen. Benjamin Mixon, in an open letter to Stars and Stripes newspaper on March 8, wrote that it was highly unlikely that a majority of service members are in favor of repealing "don't ask, don't tell."

"I suspect many service members, their families, veterans and citizens are wondering what to do to stop this ill-advised repeal of a policy that has achieved a balance between a citizen's desire to serve and acceptable conduct," he wrote on March 8.

Mixon is the commander of the U.S. Army Pacific.

Defense secretary Robert Gates and Joint Chiefs of Staff chairman Adm. Michael Mullen said Thursday that Mixon's letter was "inappropriate" because of his influence on other military personnel, according to MSNBC.com.

Mullen said the Army has issued specific guidelines on speaking about "don't ask, don't tell" while the Defense Department is reviewing repeal of the policy. Mixon's case is "being addressed," he said.

An Army official told MSNBC that the directive to high-ranking military personnel was not pertaining to public statements on the ban and that the Army is likely not to fire Mixon. However, he may be forced to resign.

His three-star status (which he attained in February 2008) may also be under consideration for demotion to two stars by Congress.

The Army is expected to release a statement distancing itself from Mixon's letter."

Lt.Dan Choi arrested for peacefully protesting DADT

On its website, the newly formed GetEQUAL has posted a video of Lt. Dan Choi's statement outside of the White House. View the video here on YouTube or watch it on GetEQUAL's website.

Lt. Dan Choi is asked to return to his unit

Here is a great article by Michelle Garcia of The Advocate regarding Lt. Dan Choi, "the face" of the DADT repeal movement.

Update: DADT

Last night in his State of the Union address, President Obama said he would work with Congress to put an end to Don't Ask, Don't Tell this year. It's great to hear him say it, but when will he take action? Domenico Montanaro of MSNBC writes that a hearing regarding DADT will be held on Tuesday during the Senate Budget hearings.

Read the whole article HERE

DADT and the State of the Union

 Advocate reporter Kerry Eleveld speculates on the possible mention of Don't Ask, Don't Tell in tonight's State of the Union address. It airs at 9p.m EST.
DADT & the State of the Union address