Tag: GLBT

Obama and Reid: Still Can’t Commit on DADT Repeal

While President Obama says that he supports repealing DADT, he will not tell the lame duck Congress to do it:

   OBAMA: “There’s going be a review that comes out at the beginning of the month that will have a surveyed attitudes and opinions within the armed forces. I will expect that Secretary of Defense Gates and the Chairman of the Joint Chiefs of Staff, Admiral Mullen, will have something to say about that review. I will look at it very carefully. But that will give us time to act in potentially during the lame duck session to change this policy. Keep in mind we got a bunch of court cases that are out there as well. And something that would be very disruptive to good order and good discipline and unit cohesion is, if we got this issue bouncing around on the courts as it already has over the last several weeks, where the Pentagon and the chain of command doesn’t know at any given time what rules they’re working under. We need to provide certainty and it’s time for us to move this policy forward, and this should not be a partisan issue.



This is why voters threw out the blue dogs. Keep missing the message, Mr. President.

h/t Wonk Room @ Think Progress

“The Third Time is Enemy Action”

CNN: White House deputy Valerie Jarrett dismisses scolding from DADT victim Lt. Dan Choi

From Rayne in Jane Hamsher’s Valerie Jarrett Responds to Dan Choi

Remember the James Bond movie, Goldfinger?

“Mr. Bond, we have a saying in Chicago. The first time is happenstance. The second time is coincidence. The third time it’s enemy action.”

Is this the second time or the third time for Jarrett?

What Jane said:

Number one, when did Obama say that Don’t Ask, Don’t Tell is unconstitutional? I’m rather sure she’s putting words in his mouth, I’d be happy to be wrong about that.

Further, Judge Virginia Phillips has already ruled Don’t Ask, Don’t Tell unconstitutional.   If the President truly does believe Don’t Ask, Don’t tell is unconstitutional, he has all of the justification he needs to let Judge Phillips’ decision stand.

But there is an extremely serious problem with having Valerie Jarrett continue to be the White House spokesperson on this matter.  I defended Jarrett earlier this week over her use of the words “lifestyle choice” when addressing the issue of LGTB teen suicide.  I said it didn’t make her a bad person, but it did show she was out of touch with the discourse in the LGBT community.  And that meant she emphatically should not be in charge of LGBT issues at the White House.

The fact that Jarrett could use a term that is like fingernails on a chalkboard to LGBT people, and still be out there as White House spokesperson on the issue of Don’t Ask, Don’t Tell, is symptomatic of something deeply wrong.

DADT may well be unconstitutional in light of the 2003 Supreme Court ruling that struck down Texas sodomy laws

WASHINGTON – In an historic decision with wide-ranging implications, the U.S. Supreme Court today struck down a Texas law that makes some kinds of sexual intimacy a crime, but only for gay people. The decision overrules the court’s 1986 decision in Bowers v. Hardwick, which was widely condemned for treating gay people as second-class citizens.  It was hailed by the American Civil Liberties Union as a major milestone in the fight for constitutional rights.

“”This decision will affect virtually every important legal and social question involving lesbians and gay men,”” said James Esseks, Litigation Director of the ACLU’s Lesbian and Gay Rights Project.  “”For years, whenever we have sought equality, we’ve been answered both in courts of law and in the court of public opinion with the claim that we are not entitled to equality because our love makes us criminals.  That argument – which has been a serious block to progress — is now a dead letter.””  Esseks added, “”from now on, cases and political debates about employment, custody and the treatment of same-sex couples should be about merit, not about who you love.””  

In sweeping language, the Court said the Constitution protects the right of gay people to form intimate relationships and “”retain their dignity as free persons.””  Gay people, the Court said, have the same right to “”define one’s concept of existence, of meaning, or the universe, and of the mystery of human life,”” that heterosexuals do.  The Bowers decision, the Court said, “”demeans the lives of homosexual persons.””.

(emphasis mine)

Dan Choi Re-Enlisted in the Army

U.S. Military Moves to Accept Gay Recruits

The United States military, for the first time, is allowing its recruiters to accept openly gay and lesbian applicants.

The historic move follows a series of decisions by a federal judge in California, Virginia A. Phillips, who ruled last month that the “don’t ask, don’t tell” law violates the equal protection and First Amendment rights of service members. On Oct. 12, she ordered the military to stop enforcing the law.

President Obama has said that the “don’t ask, don’t tell” policy “will end on my watch.” But the Department of Justice, following its tradition of defending laws passed by Congress, has fought efforts by the Log Cabin Republicans, a gay organization, to overturn the policy.

Judge Phillips on Tuesday denied requests by the government to maintain the status quo during the appeals process.

The Pentagon has stated its intent to file an appeal in case of such a ruling. But meanwhile, it has started complying with Judge Phillips’s instructions while the dispute over her orders plays out.

With this announcement, Lt. Dan Choi, the Iraq war veteran, Arab linguist, and West Point grad turned “Don’t Ask, Don’t Tell” repeal activist, decided to take the opportunity to do what he has said he has always wanted to do, serve his country in the military. First, he tried to enlist in the Marine Corps but being 29 made him one year too old. So instead, Dan went to the Army recruiters and filled out the application to re-enlist. He will return at 10 AM to begin processing as an enlisted soldier, most likely a specialist since he is a college graduate.

Dan, you rock.

It’s Nothing Personal: Up Dated

What digby said:

Where do they find these people?

 

“For nearly six months, Andrew Shirvell, an assistant attorney general for the state of Michigan, has waged an internet campaign against” Chris Armstrong, who is the openly gay student assembly president at the University of Michigan-Ann Arbor.

   Shirvell maintains a blog called Chris Armstrong Watch where he regularly berates Shirvell and complains about what he calls the “homosexual lifestyle.” The blog even features mocked up graphics Shirvell has created of Armstrong, including one where the assistant attorney general has written racist elitist liar” on a picture of Armstrong’s face. Additionally, the assistant AG has even demonstrated outside Shirvell’s home and allegedly stalked him on Facebook.

This guy’s an assistant Attorney General?

Up Date: Michigan assistant AG Andrew Shirvell takes leave after antigay blog

After Michigan Attorney General Mike Cox spent Wednesday night on CNN defending Shirvell’s right to maintain the blog, his office said today that Shirvell’s leave began Thursday and he’ll face a disciplinary hearing when he returns.

U-M bans official who targets gay student leader

Andrew Shirvell closes access to antigay blog

Assistant AG with antigay blog appeals order to keep off U-M campus

GLBT: What is the matter with the DNC?

Jon Aravosis @ AMERICAblog Gay points out that the DNC web site on its “Civil Rights” page,  no longer mentions the repeal of DOMA which was one of the top three promises made to the GLBT community by Candidate Obama.

#  Enacting the Employment Non-Discrimination Act, which includes measures prohibiting discrimination based on sexual orientation and gender identity;

# Ensuring full civil unions and federal rights for LGBT couples;

# Repealing “Don’t Ask, Don’t Tell” in a sensible way that strengthens our armed forces and our national security;

It the DNC now calls for “civil unions”. How about marriage guys?

And WTF does this mean?

Repealing “Don’t Ask, Don’t Tell” in a sensible way that strengthens our armed forces and our national security

Meanwhile, Sen. Sen. Mark Udall (D-CO) and Kirsten Gillibrand (D-NY) have written Attorney General Eric Holder to not appeal Judge Virginia Phillips’ ruling that DADT violates the 1st Amendment.

Don’t Ask, Don’t Tell? Unconstitutional!

Umm… breaking.

This is a Federal Court ruling in the 9th Circuit on an injunction sought by the Log Cabin Republicans, but it applies nationwide.

Judge Virginia Phillips ruled on First Amendment grounds (Free Speech and Assembly) and cited a “direct and deleterious effect” on the military.

So Barack- put up or shut up about your “fierce advocacy”.

Transpeople in the News

Sacramento, CA:  The California State Senate passed the Lesbian, Gay, Bisexual and Transgender Prisoner Safety Act (AB 633) by a 26-9 vote and sent it on to Governor Scharzennegger.  The bill is designed to protect LGBT people who are incarcerated.  Arnold vetoed a similar bill last year.

A recent study from the California Department of Corrections and Rehabilitation (CDCR) found that 67 percent of LGBT inmates report being sexually assaulted by another inmate, a rate 15 times higher than the overall prison population. Another study by UC Irvine and commissioned by CDCR found that 69 percent of transgender inmates reported sexual victimization while incarcerated.

Judge Will Lift Stay on Same Sex Marriage on August 18: Up Date x 2 with Video

Judge Vaughn Walker rules today that the stay he issued on his ruling that Prop 8 banning of gay marriage was unconstitutional, will be permanently lifted on August 18. At that time, all districts will cease to enforce Prop 8 and allow all to register to marry.

Order on Motion to stay (warning pdf file)

The clerk is DIRECTED to enter judgment forthwith. That judgment shall be STAYED until August 18, 2010 at 5 PM PDT at which time defendants and all persons under their control or supervision shall cease to apply or enforce Proposition 8. (vrwlc1, COURT STAFF) (Filed on 8/12/2010)

There was also a question of the standing of the proponents to appeal this stay and the ruling since this is a state law and the state of California has decided not to pursue an appeal.

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CA Prop 8: The Fight Has Just Begun

With the careful ruling by Judge Walker yesterday that Proposition 8 violates the 14th Amendment’s due precess and equal protection, the arguments to reverse Judge Walker had already started even before the decision was revealed. The defendants asked that the decision be immediately stayed if it did not go in their favor, which it didn’t. So, Judge Walker issued an immediate stay until this Friday, Aug 6, to give the defendants time to file for a permanent stay while the appeals process continues. Now, it will be up to the 9th Circuit Court to decide the stay and if the full court will hear the appeal.

Last night, Rachel Maddow had as her guests Dahlia Lithwick of Slate and the two lawyers who successfully challenged Prop 8, David Boies and Ted Olson.

First is Rachel with Dahlia. The video with Boies and Olson is below the fold, also links to other opinions and analysis on the ruling.

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CA Prop 8 Ruled Unconstitutional by Federal Judge

Proposition 8 has just been ruled unconstitutional by Federal Circuit Court Judge Vaughn Walker:

“Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

Ruling enjoins enforcement of California’s Proposition 8.

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