The Fight Is Not Over Yet

As one of the plaintiffs in the Cook v. Rumsfeld lawsuit, I am very disappointed with the decision of the US District Court to grant the government’s motion to dismiss. I believe the court is wrong; “Don’t Ask, Don’t Tell” is un-American, unconstitutional, and unfair.

The fight is not over yet. I will continue to work with Servicemembers Legal Defense Network and the law firm of Wilmer Cutler Pickering Hale and Dorr LLP as we decide on our next course of action. They have done a tremendous job in handling this case and look forward to continued support. We didn’t come this far to give up when Americans are still being discriminated by our government based on their sexual orientation.

Monday was not only a sad day for the plaintiffs but a sad day for all lesbian, gay, and bisexual service members who continue to serve or have served this great country. I personally will not rest until this law is changed.

-David Hall

Government Will Release Surveillance Documents

On Wednesday, SLDN appeared in district court in Washington to ask for the release of all remaining documents related to the the government's surveillance of LGBT groups. Judge Rosemary Collyer encouraged the government to agree to a timeline for turning over any remaining documentation, and the government agreed.

The Defense Intelligence Agency must turn over all documents by April 27. The Pentagon must follow by May 4. And all documents kept by the Department of Justice must be released by May 11. Check back here for more information on the documents SLDN receives.

And, you can read the court order here.

- Steve Ralls

Remembering Todd Shinkle

The staff of Servicemembers Legal Defense Network mourns the passing of the founder of the Buckeye Region chapter of American Veterans for Equal Rights (BRAVER), Mr. Todd Shinkle.

A veteran of the U.S. Army, Todd was an ardent advocate for equality for gay people in the military who dedicated himself wholly to his work. He will be missed by all of us who knew him and worked with him, and his contributions to the movement to repeal "Don't Ask, Don't Tell" will be remembered for many years to come.

Our condolences and deepest sympathies go to his family and friends, and to all the members of American Veterans for Equal Rights who mourn his loss.

-Sharon Alexander

Now He's Worried

Retired Lieutenant Colonel Bob Maginnis, a frequent critic of allowing gays to serve in the armed forces, is now worried about the quality of new recruits. Pam's House Blend reports that Maginnis is concerned about the military's relaxed enlistment standards. And for good reason.

Salon.com recently reported that "more soldiers than are in an entire infantry division entered the Army in 2005 without meeting normal standards." That includes enlistees with criminal backgrounds, those who couldn't meet physical fitness standards and recruits without a high school diploma.

Perhaps it's time for Maginnis, who once told PBS Newshour that "commanders have enough to do out there trying to keep Dick and Sally apart, much less Fred and Dick apart," to reconsider if it's more important for Dick, Sally and Fred to be able to read and stay out jail or for them to just be straight.

If the Colonel wants qualified troops, he should follow the example set by Lieutenant General Claudia Kennedy. Maybe then he could rest a little easier at night, knowing the best qualified people are on the job, regardless of whether they're gay or straight.

- Steve Ralls

This Tax Day, Don’t Help Uncle Sam Attack LGBT Civil Rights

Many Americans have taxes withdrawn from every paycheck and don’t think about the moral implications of how their tax dollars are spent.

This morning, many Americans are headed to the post office to get their tax returns in the mail. They’ve worked feverishly to ensure Uncle Sam gets the needed funds to pay for schools, roads, healthcare, national security—and discrimination.

Yep, that’s right. Our hard-earned money is being spent every day to discriminate against our own countrymen and women.

Every day, the U.S. government fires two people for being lesbian, gay or bisexual. They do it through the only law—local, state or national—that sanctions discrimination. This law is “Don’t Ask, Don’t Tell,” and our tax-dollars pay for it—at a tune of at least $364 million since 1993.

“Don’t Ask, Don’t Tell” has been responsible for the discharge of more than 10,000 men and women from the Armed Services because it mandates the firing of lesbian, gay or bisexual service members. It’s a stupid law that wrecks lives, ruins careers, mocks America’s commitment to civil rights, wastes money and compromises our safety. By passing this law, our government has “passed the buck” to U.S. tax payers—you and me—to pay for their discriminatory practices.

For the more than 900 service members who were discharged last year alone, the very taxes that were taken from their paychecks helped pay for their removal from service and the loss of that paycheck.

That is unforgivable!

Now, it’s our turn to “pass the buck!” Join me and let the government know you don’t approve of them using your money to fund discrimination. Use your tax refund to fight their bigotry. Use it to support Servicemembers Legal Defense Network (SLDN). Help us repeal “Don’t Ask, Don’t Tell.” Help us take our fight to the Supreme Court. Help us provide free legal services to service members caught in its trap.

SLDN doesn’t get a penny from the government. Not one penny. The federal government won’t fund the fight against “Don’t Ask, Don’t Tell,” but you can.

SLDN has responded to each of the more than 7,300 calls for assistance—many from service members anonymously serving on the frontlines in Iraq—only because faithful Americans contribute generously in support of our work. Join them—and me—with a gift of your own. Help us counter-balance the $364 million that the government has already spent.

By making a donation to SLDN, you could even reduce your tax burden next year! SLDN is a tax-exempt, 501(c)3 non-profit organization, and as such, all donations are tax-deductible to the fullest extent allowed by law.

With your support, SLDN will continue to offer free legal services to men and women in uniform . . . continue to work with Congress on repeal of this archaic and unfair law . . . and continue to speak out on behalf of service members silenced by “Don’t Ask, Don’t Tell.”

- Polly Aris Stamatopolous

Raw Story's "Ask Congress" Series

In today's Raw Story's "Ask Congress" series, a reader asks Rep. Tim Ryan (D-OH) why he has not yet signed on to the Military Readiness Enhancement Act (HR 1059).

Congressman Ryan:

Both Congressman Meek and Congresswoman Wasserman Schultz are co-sponsors of H.R. 1059, a House bill which would repeal the military's "Don't Ask, Don't Tell" ban on openly gay troops. The bill is now supported by 110 members of the House, including a majority of Democrats on the House Armed Services Committee (including Congressman Meek). Why have you not signed on as a co-sponsor of the bill? And do you support allowing lesbian and gay Americans to serve openly in our armed forces?

Erin Alexandria, Virginia

I am still weighing the merits of this particular legislation, though I believe firmly that all Americans should be allowed to serve their country without fear of retribution or discrimination. With our country fighting wars in Afghanistan and Iraq, it is also important to consider this issue in the context of recruitment and financial cost: a recent report by the University of California analyzed the financial cost of the policy to American taxpayers and concluded that the "Don't Ask, Don't Tell" policy cost American taxpayers $364 million-nearly twice what our government estimated. That's money that could have been spent on body armor or up-armored humvees.

-Rebecca Sawyer

SLDN on CBS News on LOGO

Christopher Wolf, an attorney with Proskauer Rose LLP, the law firm providing pro bono counsel to SLDN regarding the domestic surveillance case, recently appeared on CBS News on LOGO to talk about the government's admission that it spied on student groups opposed to "Don't Ask, Don't Tell."

You can watch Wolf online by clicking here. Select the 04.11.2006 newscast to watch the SLDN segment.

-Steve Ralls

"Weird Feelings"

Following SLDN's report that the Pentagon has acknowledged monitoring student protests on university campuses, including those opposed to "Don't Ask, Don't Tell," NBC's Conan O'Brien weighed in with this observation, part of his opening monologue on Late Night:

"The Pentagon admitted it's been spying on gay groups, yeah. The Pentagon also admitted that since it's started spying on gay groups, it's been having some 'weird feelings.'"

We can just hear Donald Rumsfeld shouting "Oh, my goodness gracious!" now . . .

-Steve Ralls

A Call To Duty Update

The following is a post from Alexander Nicholson, director of the Call To Duty Tour.
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We're 6,400 feet up, crossing the snowy mountains of southern Utah... Mormon country. Admiral Steinman is at the helm and I'm riding shotgun. Julianne, Jarrod and Patrick are in the back taking in the scenery, listening to an iPod, and sleeping respectively. We're about half way between our last stop, Phoenix, AZ, and our next stop, Salt Lake City, Utah. We have two events at the University of Utah tomorrow, a lunchtime event and an evening event. Jarrod is looking over my shoulder right now and bugging me to include the fact that he arranged the Utah stop. Hopefully he'll go back to listening to his iPod and stop bothering me while I write.

Five weeks into the Call To Duty Tour, several trends are apparent. Call To Duty plans to cap off its national tour with a publication of findings and experiences in debating and discussing the "Don't Ask, Don't Tell" issue at the grassroots level with conservative crowds across the country via public forums and media appearances. But in response to SLDN's request for a short blog entry on what we're encountering along the way, I'll touch on one of the more important issues we're having to battle - a gross misperception of both what the "ban" is about and what it would mean to "lift the ban."

Since I was honorably discharged from the Army back in 2002 and the first person I told replied, "I didn't know they still did that," I've been aware of a general misunderstanding by the public of what exactly "Don't Ask, Don't Tell" is all about. Now, most people are indeed at least aware of the law and policy that bans known gays from military service, but most aren't aware of the specific effects of the ban. For example, it typically shocks Joe Q. Public to find out that a gay service member cannot safely talk to a counselor about his/her sexuality. That there is, on a practical level, no real provider-patient confidentiality in the military really tends to surprise listeners and forces them to reevaluate their support of the broader policy. (In Rhode Island, a clergyman even stood up and expressed utter outrage at the fact that not only are counselors able to turn someone in for confessing that they are gay, but that they actually sometimes do.)

Perhaps more importantly for our purposes, conservatives generally harbor many more misperceptions about what it would mean to repeal "Don't Ask, Don't Tell." We have been getting a lot of supposition from opponents that lifting the ban would make it ok for gay service members to bring their sexuality into the workplace and throw it in people's faces. Everywhere we go we find ourselves having to stress that all we want is to be able to serve our country just like everyone else, but without a cloud of fear hanging over our heads that we could be fired if the wrong person happens to find out that we are gay.

The coming week will be our last week on the road this Spring for the Call To Duty Tour. Hearing men and women come up to us across the country and actually tell us that we have changed their minds on this issue and shattered their stereotypes of gay service members has been most encouraging for all of us involved. Hopefully this experience will help encourage more young veterans to get off the couch, get up to speed on the most effective arguments and counter arguments, and become involved in advocacy work on this issue as well.

-Alexander Nicholson

South Korea to Lift the Ban?

The Korea Times reports that the South Korean Defense Ministry is considering revising or repealing its rules on openly lesbian, gay, and bisexual service members.

South Korean Defense Minister Yoon Kwang-ung stated,” We will review the recommendation by the National Human Rights Commission (NHRC) on the protection of sexual minority soldiers in a positive manner, as public calls on the issue are increasing.”

Homosexuality is currently classified by the South Korean military as a mental disorder, and those who come out as lesbian, gay or bisexual are not allowed to serve in the military.

The news comes after a South Korean gay rights group, Solidarity for LGBT Human Rights of Korea, held a press conference in February revealing the harassment faced by openly gay service members.

Should South Korea decide to lift the ban, they will join 24 other fair-minded countries in allowing openly gay service members.

-Rebecca Sawyer

An Insider’s View

Danny Ingram, one of several Atlantans who met with Congresswoman Cynthia McKinney's staff, writes about their meeting, their success, and how others can help in repeal efforts. His blog entry details how constituents got Congresswoman Cynthia McKinney to support repeal of “Don't Ask, Don't Tell.”
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The Meeting
On March 18, 21 individuals met with Congresswoman Cynthia McKinney's staff to discuss HR1059, the Military Readiness Enhancement Act, which would repeal the "Don't Ask, Don't Tell" policy and prevent the military from discriminating on the basis of sexual orientation. We represented organizations as diverse as the DeKalb County Democratic Party, Transgender American Veterans of America (TAVA), Georgia Equality Project, Atlanta Stonewall Democrats, American Veterans for Equal Rights, and ZAMI, Atlanta's organization for lesbians of African descent.

We met with Warren Miller, Congresswoman McKinney’s Chief of Staff, and Billy McKinney, the Congresswoman's father, who is also her campaign manager. We told our stories and reasons for repealing “Don’t Ask, Don’t Tell.” Many eloquent and heartfelt stories were shared. The representatives of ZAMI, Georgia Equality Project, Stonewall Democrats, and TAVA presented Mr. Warren with letters of support for the bill. We presented them with a copy of the DeKalb Democrats’ resolution in support of HR1059. I believe Mr. Miller listened well, took good notes, and understood our issues. We were all satisfied and Mr. Miller was preparing to end the meeting when Mr. McKinney spoke.

Mr. McKinney is a veteran of World War II, a retired police officer, and a long time elected official at the local level. His question was very clear and silenced the room: "I would like to know why, when Cynthia McKinney had a 100% voting record for your issues, you turned your back on her and endorsed Denise Majette?" Denise Majette was McKinney's opponent in 2002 who upset McKinney and took her seat. Majette ran for Senate 2 years later (which she lost) and McKinney retook the seat. Clearly there was a large elephant in the room which needed to be discussed.

I believe that the ensuing conversation was very helpful and needed to take place. I’m glad that Mr. McKinney was willing to cut right to the real heart of the matter. We attempted to tell Mr. McKinney that few of us present opposed Congresswoman McKinney in 2002. In fact, I worked for her campaign that year. But it is true that the Atlanta GLBTQ community at large did support Majette in 2002 and most of us could not provide a clear answer why we didn't support someone who had supported us 100% for several years

Clearly Cynthia McKinney is very angry for what she perceives as a rather unfaithful betrayal by the GLBTQ community at a time when she needed our help the most. I can't much blame her for being angry. She supported us when it wasn’t very popular to do so. The reason I chose to work for her campaign in 2002 was because HRC gave her a score of 100% on our issues. No one in Congress at that time was more supportive of our issues than Cynthia McKinney. But that's in the past. The wound is there and whether or not we choose to heal that wound is up to us. Now McKinney is facing another strong opponent in this election cycle. Hank Johnson is a very popular and highly respected African-American county commissioner from the heart of McKinney's stronghold. It will be a tough race.

As a final note, Mr. McKinney stated that as a former member of a segregated military himself, he understood the issue of discrimination in the armed forces and the injustice of mistreating those who are putting their lives on the line to defend our freedom. I think it’s possible to bring Congresswoman McKinney around. At least we have our foot in the door. What we choose to do about it is largely up to us.

After the Meeting
I was as shocked as anyone when I heard that Congresswoman McKinney had signed on as a supporter for HR1059 when she did. I did believe that it would be politically expedient for her to eventually support the bill, but the timing was surprising. Maybe we so impressed Mr. McKinney that he went back to his daughter and said "You need to do this for this fine group of people.” Whatever it was, it looks like our efforts worked. All it took to get this change was for one constituent to walk into the Congresswoman's District Day meeting, discuss the subject, and then follow up with another meeting showing that many were concerned about this issue.

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Danny Ingram is a native Atlantan, Treasurer of the DeKalb County Democratic Party as well as chair of the Legislative Committee. He is also a member of AVER, a lifetime member of American Legion Post 448, and a lifetime member of Veterans For Peace. Danny served in the United States Army for 6 years before being discharged under "Don't Ask, Don't Tell" in 1994.