Bridget Wilson, one of America’s top civilian lawyers practicing military law, argues that LGBT military activists have earned a place at the leadership table of the LGBT civil rights movement and now will Â lead through implementation of marriage equality in a post-DOMA world
LGBT service members and veterans, who now, after many years of being the “poor stepchildren” of the gay civil rights movement, in a post-DOMA world, are likely to lead the country on implementation of marriage equality rights and benefits.
And after years of working to reverse state sanctioned discrimination in the uniformed services, LGBT military activists can proudly take their rightful place in leadership of the movement, as they are now ideally situated to to be leaders in the efforts to implement marriage equality implementation in a post-DOMA world Â and to also advance new territories of LGBT civil rights in America.
For decades, small numbers of individuals who fought for the rights of LGBT service members, were often ignored and ridiculed by those in the movement (who should have known better). Â As time has passed, the hard work of service members, veterans and their families and allies, has paid off.
Many of those in leadership positions of LGBT community organizations around the country, finally realized during the efforts to repeal the Don’t Ask, Don’t Tell (DADT) law that discrimination against gays in the military, was and is, a fundamental issue of citizenship and therefore, equal rights, especially during the course of fighting two wars simultaneously.
Two major problems remain for LGBT service members–currently, no legal redress or remedies exist for discrimination based upon sexual orientation and transgender candidates are barred to military service by medical disqualification.
Despite these decided disadvantages, the plight of service members moved the marriage equality battle forward following the repeal of DADT. Â And because almost every aspect of a service memberâ€™s life is controlled by federal regulations and statutes, the burden of the Defense of Marriage Act (DOMA) upon their daily lives was immediately apparent to the families, the public, as well as within military commands.
Now, because DOMA has been struck down, soldiers, sailors, airmen, Marines, and members of the Coast Guard, can designate his or her spouse as next-of-kin for death notification purposes.
And now, in a post-DOMA world, when a service member dies in the line of duty and pays the ultimate sacrifice, their spouse will be recognized as the rightful survivor, entitled to all legal benefits, privileges, that hadÂ been previously available only to heterosexual spouses and their children.
Now, the surviving gay spouse will be honored with the customary presentation of the nation’s flag at the graveside ceremony, with the gratitude of the nation directly expressed to them by the officer leading the burial honor guard.
Ironically, the military services became allies in marriage equality fight because commanders Â readily recognize that in order to maintain unit cohesion, morale and discipline, Â soldiers must be treated Â equally and because today’s military is a “married” one, commanders prioritize family support programs to relieve pressure on the Â service member during overseas deployments.
Gay families were formally excluded from these programs under the onerous discrimination of the DOMA statute.
The Supreme Courtâ€™s decision in Windsor did not come in time for the spouses/partners of Chief Warrant Officer TwoÂ Charlie Morgan, Staff SergentÂ Donna JohnsonÂ and CaptainÂ Reid Nishizuka. Â Â WhenÂ Donna JohnsonÂ was killed in action, because of DOMA, her spouse was not notified of her death.Â But rather, she received a call from her mother-in-law, who told her that soldiers had arrived at their house [who notified her of Donnaâ€™s death]. She was not presented an American flag at the gravesite. Fortunately, in this case, the in-laws were loving people who included her in these processes that are routinely extended to the legal next-of-kin.
But not all families of gay partners are as kind or inclusive in death. Now, with the legal ability to be designated as the next of kin and military dependent, the post-DOMA world enables the availability and right to access these important practical benefits of military life.
Now, gay spouses will be issued military dependent identification cards that provide access to subsidized stores, such as the post exchange, gymnasiums, healthcare and base housing. Military gay families will now have access to family support services and childcare. Gay service members and their families will be able to live with access to the same benefits afforded to heterosexual families in a military environment, a challenging place for any family.
Following the Supreme Court decisions rendered inÂ WindsorÂ andÂ Perry, the Department of Defense (DoD) issued a statement on behalf of Secretary of Defense Chuck Hagel who said that the Pentagon will immediately implement the benefits available to all military spouses, â€œbecause it is the law and the right thing to do.â€
The statement continues:
Every person who serves our nation in uniform stepped forward with courage and commitment. All that matters is their patriotism, their willingness to serve their country and their qualifications to do so. Today’s ruling helps ensure that all men and women who serve this country can be treated fairly and equally, with the full dignity and respect they so richly deserve.
This formal DoD statement reflects an amazing turn around in just two years. Â If this approach toward gay service members is pursued and implemented, it will ease the burdens that must be borne by service members and their families in military life.Â Attempting to take care of a gay service member’s Â family with the frequently ineffective â€œwork aroundsâ€ has been brutal. It was even more burdensome when DADT forced LGB service members to hide. The decisions inÂ WindsorÂ andÂ PerryÂ open the door to equal treatment in the federal realm, including military members and civilian employees of the military.
Because many states will Â continue to not recognize the marriages of service members, there will be corners of contradiction. An example is documenting the birth of children born to a same sex couple in a state that does not recognize their marriage. Birth certificates are in the control of the states.Â Â Many states will not place a same sex spouse on a birth certificate. Service members have little choice about where they will live. Â If the service member and spouse are assigned to serve in Texas or Nevada, the couple may not be able to obtain a birth certificate that reflects the names of both parents.
Overseas assignments will also be a challenge. There may be locations where a same sex couple would be unacceptable to the national population. How will these issues be addressed in the agreements made with host countries of American military bases?Â Status of Forces Agreements (SOFA) which control the legal status of service members and those dependents accompanying them can be a difficult negotiation. What if a country demands a SOFA that prohibits individuals in same sex relationships? What about the criminal liability of civilian dependents in a foreign nation with strongly anti-gay laws? How will these considerations affect command sponsorship of a spouse for an overseas tour? The DoD news release mentions only that the Pentagon will be â€œreviewingâ€ these issues.
Of course, the battle is not over. Â Only 12 states, including the District of Columbia recognize same-sex marriages. For example, there is a patchwork quilt of veteransâ€™ benefits that may not be available to those spouses living in states that donâ€™t recognize same sex marriages. The devil will be in the details.
If the Pentagon moves to adopt these administrative benefits for gay service members and their families within 6 to 12 weeks, as formally stated this week, it would set the bench mark as the most efficient of all government agencies to implement equality. Perhaps the old infantry phrase â€œfollow meâ€ will prove to be true.Â Progress on marriage equality in America could very well be led by the armed forces.
The image of the Pentagon is courtesy via Wikimedia Commons.
Bridget Wilson is an attorney in private practice in San Diego, California, where she practices military law, including boards, courts-martial and appeals.Â She has assisted thousands of service members in fighting the U.S. militaryâ€™s anti-LGBT policies for more than three decades.Â
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‘I’m Broke’: One Day Before Shutdown and With No Plan McCarthy Says He Has ‘Nothing’ in His ‘Back Pocket’
Just 30 hours before his own Republican conference likely will have succeeded in shutting down the federal government of the United States, Speaker of the House Kevin McCarthy candidly admitted to reporters he’s run out of ideas.
Earlier Friday in an “embarrassing failure,” 21 House Republicans killed legislation from their own party, a short-term continuing resolution, that would have kept the federal government open.
Later on Friday afternoon, swarmed by reporters, McCarthy was asked if he was going to tell them what his plans are. He sarcastically replied, “No, I’m going to keep it all a secret.”
When pressed, he said he would “keep working, and make sure we solve this problem.”
“What’s in your back pocket, Speaker?” another reporter asked, pressing him for an answer.
“Nothing right now. I’m broke,” he admitted, apparently referring to options and ideas to avoid a shutdown.
But another reporter asked Speaker McCarthy the main question: Would he partner with House Democratic Minority Leader Hakeem Jeffries to put the Senate’s bill before the House.
He refused to answer.
After Speaker Kevin McCarthy’s (R-CA) failed House vote to keep the federal government open…
Reporter: “What’s in your back pocket, Speaker?”
McCarthy: “Nothing right now. I’m broke.” pic.twitter.com/pB2SWhOSVr
— The Recount (@therecount) September 29, 2023
Just before 5 PM CNN’s Manu Raju reported on the ongoing House Republicans’ closed-door meeting with the Speaker, a meeting where the 21 Republicans who will likely be effectively responsible for the shutdown reportedly did not attend.
“McCarthy is telling [Republicans] now there aren’t many options to avoid a shutdown, according to sources in room. He says they can approve GOP’s stop-gap plan that failed, accept Senate plan, put a ‘clean’ stop-gap on floor to dare Democrats to block it — or shut down the government.”
He adds, U.S. Rep. Matt Gaetz (R-FL) largely responsible for the impending likely shutdown and the impending possible ouster of McCarthy said: “We will not pass a continuing resolution on terms that continue America’s decline.”
At midnight Saturday Republicans will likely have succeeded in furloughing 3.5 million million federal workers – two million of them service members in the U.S. Armed Forces – and countless contractors, while financially harming untold thousands of businesses that rely on income from all those workers to keep running – unless Speaker McCarthy puts a bipartisan continuing resolution approved by at least 75 U.S. Senators on the floor, legislation every House Democrat is likely to vote for.
Should he do so, many believe he will have also signed his own pink slip.
But whether or not the government shuts down, and whether or not McCarthy puts the Senate’s CR on the floor, according to The Washington Post the far right extremists in his party are already moving to oust him “as early as next week.”
The Biden campaign is making certain Americans realize the blame for the impending shutdown sits at McCarthy’s feet.
Here is Kevin McCarthy a few months ago praising the deal he made with President Biden to avert a government shutdown, which he is now reneging on pic.twitter.com/B4rVNzNXkZ
— Biden-Harris HQ (@BidenHQ) September 29, 2023
At 6:23 PM Friday evening, Punchbowl News’ Jake Sherman wrote on social media: “HOUSE REPUBLICANS HAVE NO PLAN TO KEEP GOVERNMENT OPEN.”
Watch the videos above or at this link.
‘Bad News’ for Sidney Powell as First Trump Co-Defendant in Georgia RICO Case Takes Plea Deal: Legal Expert
“Under the terms of an agreement with Fulton County District Attorney Fani Willis’s office, Hall pleaded guilty to two counts of conspiracy to commit election fraud, conspiracy to commit computer theft, conspiracy to commit computer trespass, conspiracy to commit computer invasion of privacy, and conspiracy to defraud the state,” NBC News reports. “Under the terms of the deal, he’s being sentenced to five years probation.”
CNN previously reported “Hall, a bail bondsman and pro-Trump poll-watcher in Atlanta, spent hours inside a restricted area of the Coffee County elections office when voting systems were breached in January 2021. The breach was connected to efforts by pro-Trump conspiracy theorists to find voter fraud. Hall was captured on surveillance video at the office, on the day of the breach. He testified before the grand jury in Fulton County case and acknowledged that he gained access to a voting machine.”
Former U.S. Attorney Joyce Vance, a professor of law and frequent MSNBC contributor, says Hall “was in the thick of things with Sidney Powell on Jan 7 for the Coffee County scheme involving voting machines. If he’s cooperating, it’s a bad sign for her.”
Hall’s plea deal “spells bad news for, among others, Sidney Powell,” says former Dept. of Defense Special Counsel Ryan Goodman, an NYU Law professor of law. Goodman posted a graphic showing the overlap in charges against Hall and Powell, which he called “alleged joint actions.”
With breakthrough for Georgia DA (@TamarHallerman reporting: “SCOTT HALL has become the first co-defendant in the Fulton election interference case to take a plea deal with prosecutors.”)
That spells bad news for, among others, Sidney Powell.
Example of alleged joint actions.👇 pic.twitter.com/odMM5C7JtX
— Ryan Goodman (@rgoodlaw) September 29, 2023
See the graphic above or at this link.
Far-Right Republicans Kill GOP Bill to Keep Government Running in ‘Embarrassing Failure’ for McCarthy: Report
With a shutdown less than 36 hours away, far-right Republicans in the House of Representatives Friday afternoon voted against their party’s own legislation to kept the federal government running. Democrats opposed the content of the bill and voted against it. Just 21 far-right members of the GOP conference were able to effectively force what appears to be an all but inevitable shutdown at midnight on Saturday.
“HARDLINE HOUSE RS take down stopgap funding bill. 21 GOP no votes. 232-198,” reported Punchbowl News’ Jake Sherman just before 2 PM Friday.
NBC News reported that a “band of conservative rebels on Friday revolted and blocked House Republicans’ short-term funding bill to keep the government open, delivering a political blow to Speaker Kevin McCarthy and likely cementing the chances of a painful government shutdown that is less than 48 hours away.”
“Twenty-one rebels, led by Rep. Matt Gaetz, R-Fla., a conservative bomb-thrower and a top Donald Trump ally, voted Friday afternoon to scuttle the 30-day funding bill, known as a continuing resolution or CR, leaving Republicans without a game plan to avert a shutdown. The vote failed,” NBC added. “The embarrassing failure of the GOP measure once again highlights the dilemma for McCarthy as his hard-liners strongly oppose a short-term bill even if it includes conservative priorities. It leaves Congress on a path to a shutdown, with no apparent offramp to avoiding it — or to quickly reopen the government.”
A bipartisan group of at least 75 U.S. Senators has passed two bills this week that would keep the government running. Speaker of the House Kevin McCarthy has refused to allow it to come to the floor for a vote.
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