BREAKING:SLDN/HRC Release List of Key States in Fight For Repeal
BREAKING News (via The Advocate): Reid spokesperson: “We expect to have a vote in September.” More: http://bit.ly/arkpWV
BREAKING TODAY: SLDN/HRC RELEASE LIST OF KEY STATES IN FIGHT FOR REPEAL:
These states have senators whose votes on DADT repeal are critical:
–Arkansas
–Indiana
–Montana
–Nebraska
–Nevada
–New Hampshire
–North Dakota
–Ohio
–South Dakota
–Virginia
SLDN’S AUBREY SARVIS VIA STATEMENT TODAY:
–“We need supporters to contact their senators and tell them to repeal ‘Don’t Ask, Don’t Tell’ and follow the lead of Chairman Carl Levin who will be managing the defense bill on the floor.
–“It is critical that we beat back any filibuster threat, defeat attempts to strike repeal, and defeat any crippling amendments.
–“Senators need to hear from us now, especially in the 10 key states where our combined SLDN and HRC field teams are working now.”
–Continue reading: http://bit.ly/8YXH5J
SENATE TIMELINE UPDATE: The Advocate’s Kerry Eleveld:
–“As the days dwindle before the Congressional August recess commences on August 9, ‘don’t ask, don’t tell’ repeal advocates are angling for a firm commitment from Senate majority leader Harry Reid for a September vote on the Defense authorization bill, to which the repeal measure is attached.
–“We are asking of the majority leader the same thing that we believe Senator [Carl] Levin is asking and that is to schedule the Defense authorization bill shortly after the August recess,” said Aubrey Sarvis, executive director of Servicemembers Legal Defense Network. “We would like him to make that announcement before the Senate leaves town at the end of next week.”
–A spokesperson for Reid said the majority leader does anticipate a vote being taken in September but declined to give a specific date. “We expect to have a vote in September,” said Jim Manley.
SLDN FIGHTING ANY “DELAY / KILL” TACTICS BY OPPONENTS:
– Even with a filibuster proof 60-vote majority, SLDN and our repeal allies will be closely watching for any crippling amendments offered on the floor and a “motion to strike” that could allow repeal opponents to remove the repeal language from the defense bill.
–SLDN is working closely with Senators Joseph Lieberman and Carl Levin to guard against any attempts to strike repeal or weaken its provisions.
QUESTION AND ANSWER REPEAL GUIDE:
–When will the Senate vote on the floor?
–When does the Pentagon Working Group submit its report?
–What is the certification process?
–How come the law won’t immediately be repealed?
–Why will the discharges continue after the President signs the bill?
–Find the answers: http://bit.ly/b8ekAf
WHY SLDN IS PUSHING FOR AN EXECUTIVE ORDER AFTER CERTIFICATION:
–Merely repealing DADT won’t ensure that lesbian, gay, and bisexual service members can serve free of discrimination based on their sexual orientation. Policies and regulations would need to be written and put in place. SLDN will encourage the President to issue an executive order protecting service members from discrimination based on their actual or perceived sexual orientation.
–This gives the President the opportunity to show strong leadership by adding non-discrimination language for sexual orientation to the uniform side of the military via Executive Order.
EXECUTIVE ORDER BREAKDOWN: Previous non-discrimination orders
–EO 9981 (1948) issued by President Harry Truman prohibited discrimination on the basis of race, color, religion or national origin.
–EO 11478 (1969) prohibited discrimination in employment within the federal government based on race, color, religion, sex, national origin, handicap, or age. It applied to all civilian employees, including those in the Defense Department.
–EO 13087 (1998) issued by President Bill Clinton added sexual orientation in federal hiring guidelines has been successful and set a durable precedent. OPM issued a guidance booklet in 1999, http://www.opm.gov/er/orientation.htm.
10 PERCENT OF TROOPS RESPOND TO PENTAGON SURVEY:
–Stars and Stripes’ Leo Shane: “Only about 10 percent of the 400,000 ‘don’t ask, don’t tell’ surveys sent out three weeks ago have been returned, and Pentagon officials are lobbying troops to fill out the rest before the Aug. 15 deadline set for the research.
–“The survey, featuring more than 100 questions on perceptions of troops’ morale and behavior before and after a repeal of the ‘don’t ask, don’t tell’ law, is designed to give a Defense Department working group a better sense of service members’ concerns about allowing openly gay troops in the ranks.
–“But gay rights groups have questioned the value of the survey, and the Servicemembers Legal Defense Network warned closeted gay troops against participating in the exercise. Even though the survey will be conducted by e-mail through an outside contractor, SLDN officials said that promise of anonymity didn’t offer enough security for troops who still could be kicked out under the ‘don’t ask, don’t tell’ law.
–Continue reading: http://bit.ly/dtKtnt
SLDN ON NBC NIGHTLY NEWS: http://bit.ly/9YpzDb
TIME MAGAZINE: Why Is the Military Polling the Troops About Gays?
–By Mark Thompson: The Servicemembers Legal Defense Network, perhaps the leading gay-rights group dealing with “Don’t ask, don’t tell,” took a tough line against the survey. “No survey of the troops should be done,” director Aubrey Sarvis said Friday.
–”Surveying the troops is unprecedented — it did not happen in 1948 when President Truman ended segregation and it did not happen in 1976 when the service academies opened to women. Even when the military placed women on ships at sea, the Pentagon did not turn to a survey on how to bring about that cultural change.”
–Continue reading: http://bit.ly/bt4CU7
THE ADVOCATE: SLDN Pressures Navy Secretary In Gay Abuse Case
–By Kerry Eleveld: Servicemembers Legal Defense Network is calling on the secretary of the Navy to discharge a soldier with a “less than honorable” status and reduced retirement pay after an internal investigation concluded the sailor had, in fact, abused a subordinate sailor using antigay and homophobic hazing.
–Petty Officer Joseph Rocha, a gay man who remained closeted during his service and is now a client of SLDN’s, claimed that he was abused over the course of about two years, from 2004 to 2006, by his superior and fellow sailors for his perceived sexual orientation while serving in the Navy in Bahrain.
–In January of 2007 the Navy’s investigation of Rocha’s commander, Chief Petty Officer Michael Toussaint, turned up 21 findings of fact documenting numerous incidents of abuse and harassment that included employing homophobic epithets and forced simulation of gay sex acts. Following the investigation, Toussaint was censured and forced into early retirement.
–In a response letter dated July 1, 2010, SLDN legal director Aaron Tax noted, “It is difficult to comprehend why these factors, individually, or even when taken together, excuse the abuse Rocha and others suffered at the hands of Toussaint. These abuses include being locked inside of a feces-filled dog kennel, being forced to simulate sex acts with another man, and being spanked. The fact that time has passed, that Toussaint, like countless others, has recently deployed, and that he is close to retirement, cannot and should not excuse his actions.” Continue reading: http://bit.ly/daVhz3
STARS AND STRIPES: SLDN wants harsher penalties in hazing scandal
–By Leo Shane: An excerpt of the Navy’s investigation report into the Bahrain canine unit hazing scandal. Officials at the Servicemembers Legal Defense Network are demanding the Secretary of the Navy step in before a senior enlisted sailor dubbed the ringleader of the hazing scandal at the Navy’s Military Working Dog Division in Bahrain is allowed to retire quietly and at full pay.
–Last fall Senior Chief Petty Officer Michael Toussaint was removed from his leadership post within Naval Special Warfare Group 2 and forced into a retirement track after a two-year investigation confirmed 93 instances of hazing and sex crimes inside the canine unit during Toussaint’s tenure as commander, from 2004 to 2006. That included crimes against former Petty Officer 3rd Class Joseph Rocha, who was suspected to be gay and was forced by superiors to simulate oral sex on other men.
–In February a retirement board recommended that Toussaint retire this summer at full pay in his current rank, which he was promoted to following his time in Bahrain. Navy Secretary Ray Mabus at the time told SLDN (a gay rights advocacy group) that he supported both the administrative action taken against Toussaint and the retirment recommendation.
–But this week, with Toussaint’s separation appearing imminent, SLDN legal director Aaron Tax called that insulting: “The Navy appears to be sending the message that a superior may abuse those in his or her chain of command with few repercussions.” Continue reading: http://bit.ly/cyOKQH
CNN PROFILES SLDN / INTERVIEWS ACTIVE-DUTY SERVICE MEMBER WHO MADE 10,000th “CALL FOR ASSISTANCE” TO SLDN HOTLINE: http://bit.ly/b7RNMr
ACTIVE-DUTY SERVICE MEMBERS: Gay and lesbian service members with questions on repeal and how this impacts them are urged to contact the SLDN hotline to speak with a staff attorney: 202-328-3244 x100.
WARNING TO SERVICE MEMBERS – “DON’T ASK, DON’T TELL” IS STILL THE LAW: SLDN issued a national action alert warning gay and lesbian service members that they can still be fired under DADT.
–Aubrey Sarvis: “While the votes in the House and the Senate Armed Services Committee are historic, it is important for all gay and lesbian, active-duty service members, including those in the reserves and the national guard, to know they’re at risk. They must continue to serve in silence under the ‘Don’t Ask, Don’t Tell’ law that remains on the books.”
–Read the warning / help spread the word: www.sldn.org/StillAtRisk.
MSNBC’S RACHEL MADDOW AND NEW YORK DAILY NEWS HIGHLIGHT WARNING TO SERVICE MEMBERS:
–Watch The Rachel Maddow Show on the warning: http://bit.ly/ciufIW
–Read the New York Daily News on the warning: http://bit.ly/chTOTX
SLDN ISSUES VIRGINIA ACTION ALERT HOLDING SEN. WEBB ACCOUNTABLE FOR ANTI-EQUALITY VOTE:
–SLDN issued a Virginia action alert to members and supporters urging them to write letters to the editor and opinion pieces holding Sen. Jim Webb accountable for his Senate Armed Services Committee vote against repeal on May 27.
–Aubrey Sarvis: “We hope that Virginians will not give Senator Jim Webb a pass on his vote in the Senate Armed Services Committee to keep ‘Don’t Ask, Don’t Tell’ on the books. His vote was against equality, and fair-minded Virginians should take loud and strong exception. It is our hope that Sen. Mark Warner of Virginia will do the right thing when the defense bill is debated and voted on the Senate floor.” Continue reading: http://bit.ly/cpj5hO
PENTAGON: INVESTIGATIONS AND DISCHARGES UNDER DADT WILL CONTINUE
–A Pentagon spokesperson recently confirmed to the Denver Post that investigations and discharges of gay and lesbian service members will continue. Cynthia Smith, a Pentagon spokesperson, said: “The law is still in effect, and if someone were to out themselves, we would have to begin the discharge process.”
–Aubrey Sarvis: “The Pentagon is being very clear that they will continue the discharges and gay and lesbian active-duty service members, including those in the reserves and the national guard, remain at risk. Even with the recent votes in the U.S. House of Representatives and the Senate Armed Services Committee, the discharges are continuing. Qualified men and women of our armed forces will continue to be fired from their jobs and it is putting our national security at risk. And even despite the new ‘more humane’ Pentagon Instructions, we are aware of an ‘O-7’ – a one-star general – signing off on a discharge very recently. Congress and the Pentagon need to stay on track to get repeal finalized, hopefully no later than first quarter 2011.”
SLDN ENDS NATIONAL ONLINE LETTER CAMPAIGN WITH LOVE STORY FROM WWII SOLDIER:
–“Stories from the Frontlines: Letters to President Barack Obama” was launched to underscore the urgent need for congressional action and presidential leadership in the fight to repeal “Don’t Ask, Don’t Tell” (DADT). With the House and Senate votes, the series was brought to a close last week.
–The final letter in this series was written by a World War II soldier to another on the occasion of their anniversary. It was published in September 1961 by ONE Magazine – an early gay magazine based out of Los Angeles.
–Read the letter by visiting: www.sldn.org/letters.
CNN POLL: Nearly 8 in 10 favor gays in the military
–Most Americans say people who are openly gay should be allowed to serve in the U.S. military, according to a new national poll.
–A CNN/Opinion Research Corporation survey released Tuesday indicates that 78 percent of the public supports allowing openly gay people to serve in the military, with one in five opposed.
–”Support is widespread, even among Republicans. Nearly six in ten Republicans favor allowing openly gay individuals to serve in the military,” says CNN Polling Director Keating Holland. “There is a gender gap, with 85 percent of women and 71 percent of men favoring the change, but support remains high among both groups.” Continue reading: http://bit.ly/amCVZ8
LETTER FROM FORMER JCS: General John Shalikashvili fired back at a letter from the Service Chiefs that was being circulated by Senator John McCain. Read the letter: http://bit.ly/abTmzq
ADMIRAL MICHAEL MULLEN, CHAIRMAN OF THE JOINT CHIEFS OF STAFF SUPPORTS REPEAL:
–At the Senate Armed Services Committee hearing February 2 – the first to discuss repeal — Chairman of the Joint Chiefs of Staff Admiral Michael Mullen made it clear that DADT does not serve in the best interest of our men and women in uniform: “I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens. For me, personally, it comes down to integrity – theirs as individuals and ours as a nation.”
–From The Hill’s Roxana Tiron: “The nation’s senior military officials removed a huge obstacle to gays serving openly in the military by telling Congress on Tuesday that they support President Barack Obama’s decision to repeal the ‘Don’t ask, don’t tell’ law.” LINK: http://thehill.com/homenews/administration/79275-adm-mullen-repealing-dont-ask-dont-tell-is-the-right-thing-to-do
KEY VOICES SUPPORTING REPEAL:
–Current and former military and government leaders are fully behind repeal:
o Secretary of Defense Robert Gates;
o Chairman of the Joint Chiefs of Staff Admiral Michael Mullen;
o Gen. Raymond Odierno;
o Gen. David Petraeus;
o Vice President Richard Cheney;
o President Bill Clinton;
o Secretary of Defense William Cohen;
o Ret. Marine Corps Gen. James Jones;
o General John Shalikashvili
o General Colin Powell
104 GENERALS AND ADMIRALS SUPPORT REPEAL:
–In addition, a letter signed by 104 retired admirals and generals was released in late 2008 and included a strong call for repeal: http://palmcenter.org/press/dadt/releases/104Generals%2526Admirals-GayBanMustEnd
The Path Forward on the Repeal of “Don’t Ask, Don’t Tell”
WASHINGTON, D.C. – Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending “Don’t Ask, Don’t Tell” (DADT), released a guide today on the path to repeal.
THE SENATE VOTE:
- After the U.S. House of Representatives passed the National Defense Authorization Act (NDAA), the U.S. Senate is now poised to take it up. An amendment that would allow for the repeal of “Don’t Ask, Don’t Tell” was successfully attached to the NDAA on the House floor (234 to 194) and in the Senate Armed Services Committee (16-12) on May 27.
- Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told the Washington Blade on July 23 that he’s expecting the full Senate to take up the NDAA, which includes repeal, in September after lawmakers return from August recess.
- SLDN and other repeal advocates are working to shore up a filibuster proof majority, 60 Senate votes, to proceed to consideration of the NDAA. While this is traditionally a “must-pass” piece of legislation, the White House has threatened to veto the bill due to spending disagreements unrelated to the repeal of DADT.
- Even with a filibuster proof 60-vote majority, SLDN and our repeal allies will be closely watching for any crippling amendments offered on the floor and a “motion to strike” that could allow repeal opponents to remove the repeal language from the defense bill.
o SLDN is working closely with Senators Joseph Lieberman and Carl Levin to guard against any attempts to strike repeal or weaken its provisions.
o For instance, we will vigorously oppose any amendment to expand the certification process in the “compromise.” Opponents of open service may be considering an amendment that would require all of the Joint Chiefs to sign off on the certification process. This killer amendment is designed to delay open service for years.
CONFERENCE COMMITTEE:
- After passage in the Senate, repeal advocates will focus on the conference committee where staff work would begin shortly thereafter. The committee will be tasked with resolving any differences in the House and Senate versions of the NDAA. At this time, the language in the repeal amendment for DADT is the same in both chambers – a good thing.
- With identical amendment language in both chambers, it is out of the scope of conference. However, SLDN does not underestimate the “Big Four.” The “Big Four” are the chairs and ranking members in the House and Senate Armed Services Committees. Traditionally, the significant policy differences are resolved by the chairs and ranking members. Only one of the four supports repeal: Senate Chairman Carl Levin. The ranking member in the Senate, Sen. John McCain, and House Chairman Ike Skelton and ranking member Rep. Howard McKeon, do not.
- The conference committee will produce a conference report and we expect a vote in both the House and Senate chambers on that report, likely in November or December.
THE PENTAGON WORKING GROUP REPORT:
- On or before December 1, the Pentagon Working Group is required to submit its report to Congress and the Secretary of Defense. The working group was established to author a report on “how” to implement repeal, not “if” repeal should happen.
PRESIDENTIAL BILL SIGNING:
- When the President signs the NDAA – with the repeal amendment attached – nothing would happen. “Don’t Ask, Don’t Tell” will still be the law. Service members will still be discharged. Read SLDN’s warnings: www.sldn.org/StillAtRisk.
CERTIFICATION:
- At some point after the Pentagon Working Group submits its report, the President would transmit to the congressional Armed Services Committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following:
o (A) That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report’s proposed plan of action.
o (B) That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f).
o (C) That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.
- “Don’t Ask, Don’t Tell” will still be the law at this point. Service members will still be discharged. Read SLDN’s warnings: www.sldn.org/StillAtRisk.
REPEAL EFFECTIVE 60 DAYS AFTER TRANSMITTAL:
- After the President transmits written certification to the congressional Armed Services Committees, full repeal of “Don’t Ask, Don’t Tell” would be effective 60 days later.
EXECUTIVE ORDER BY THE PRESIDENT:
- Merely repealing DADT won’t ensure that lesbian, gay, and bisexual service members can serve free of discrimination based on their sexual orientation. Policies and regulations would need to be written and put in place. SLDN will encourage the President to issue an executive order protecting service members from discrimination based on their actual or perceived sexual orientation.
o This gives the President the opportunity to show strong leadership by adding non-discrimination of sexual orientation to the uniform side of the military via Executive Order.
o EO 9981 (1948) issued by President Harry Truman prohibited discrimination on the basis of race, color, religion or national origin.
o EO 11478 (1969) prohibited discrimination in employment within the federal government based on race, color, religion, sex, national origin, handicap, or age. It applied to all civilian employees, including those in the Defense Department.
o EO 13087 (1998) issued by President Bill Clinton added sexual orientation in federal hiring guidelines has been successful and set a durable precedent. OPM issued a guidance booklet in 1999, http://www.opm.gov/er/orientation.htm.
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