Military Same-Sex Spouse’s Glimpse Of Life Under ‘Don’t Ask, Don’t Tell’
Leading up to Congressional debate on “Don’t Ask, Don’t Tell†earlier this year, SLDN organized “Stories from the Frontlines: Letters to President Barack Obama,†a new media campaign launched to underscore the urgent need for congressional action and presidential leadership at this critical point in the fight to repeal “Don’t Ask, Don’t Tell†(DADT.)
This week SLDN is continuing these letters, but with different recipients. We’ll be sharing them with you every morning this week.
With the Pentagon’s family survey now in the field, Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending “Don’t Ask, Don’t Tell†(DADT), will release a letter each day this week from family members and spouses of former service members impacted by DADT. As the Pentagon reaches out to 150,000 straight couples on how their lives are impacted, these letters will share the perspective of those forced to serve under this law alongside their loved ones. SLDN is urging supporters of repeal to call, write, and schedule in-district meetings with both their senators as the defense budget, which contains the repeal amendment, moves to the floor just weeks from now: www.sldn.org/action.
August 25, 2010
Hon. Jeh C. Johnson
General Counsel, U.S. Department of Defense
Co-Chair, Comprehensive Review Working Group
General Carter F. Ham
Commanding General, U.S. Army Europe
Co-Chair, Comprehensive Review Working Group
Dear General Ham and Mr. Johnson:
I am a retired military sailor, living with a wonderful person who was fired because of “Don’t Ask, Don’t Tell†(DADT).
Because of my experience with the military, I understand the life, the duty days, the underway time, the training cycles. Even the simple events of life at sea – how wondrous or disastrous mail call can be, depending on whether or not you get a letter; the whirlwind caused by the simple announcement of liberty call; and the sounds of the Navy – the bells, the whistles, the constant hum and different noises of shipboard living. These are just some of the various events and sometimes intense evolutions that occur around the universe called the United States Ship. I’ve been stationed on five of the best ships in the Navy. I speak the language, I know all the acronyms, and it’s an organization I’ve spent most of my closeted life in.
If my highly decorated and accomplished spouse had been able to stay in the Navy, her professional life would have included all of those same events mentioned previously, and more. She would have undoubtedly been stationed on board a ship of awesome capabilities. That ship would deploy, do training missions, visit foreign and domestic ports, and represent the world’s finest Navy. She would stand watch, hopefully in something better than a port and starboard rotation. If you don’t know what a port and starboard rotation is, just imagine working at your current job, six hours on, then take six hours off, then go back to work for six hours. Repeat 24/7 for the next 180 days.
She might even be sent on an Individual Augmentation (IA) to Iraq or Afghanistan while in her current assignment. During an Individual Augmentation, she would literally be loaned out to cover a critical needs job, however long that may be, in addition to her regularly scheduled deployment cycle.
I, however, would have to adhere to a strict set of rules when dealing with a deployment, whether it be an IA or ship deployment. Here are just some to think about – they reflect what life is like for military families under DADT:
·        Set up an alternative e-mail account that wouldn’t show the gender of my name;
·        Establish a very generic, genderless form of communications over e-mail;
·        Never write “I love you†– or nothing that could indicate anything at all about the nature of our relationship;
·        No access to the Ship’s Ombudsman – a point person for military families for all things very, very important relating to the ship and her crew;
·        Create a plan for dropping her off at ship – making sure our goodbye or welcome is in secret;
·        Never spending the remaining few hours on the ship like with the rest of families before a deployment;
·        Worrying about how close to the pier I could be without raising suspicion;
·        Before leaving home, be sure to say final goodbyes – no hugs and certainly no kisses allowed on or near the base;
·        Not being able to participate in any family video postcards to the ship;
·        Still trying to figure out how to deal with those pesky customs forms required when mailing anything to a “Fleet Post Office†– they require a name, so maybe use her parent’s name or the dog’s name;
·        Don’t put anything too personal in care packages – those might arrive via barge, waterlogged and falling apart – therefore, they might be opened;
·        As a result of the rough handling from a helicopter mail drop, any other boxes I send could be opened if damaged;
·        Don’t get sick, seriously sick, and don’t get hurt while spouse is gone;
·        Hope she doesn’t get hurt as no one would tell me – I can’t be listed as her next of kin in her service record without raising eyebrows;
·        Remember to have her pack her personal cell phone and the charger for use six to nine months later – can’t use any of the ship’s communications, so the cell is the only way to coordinate a pickup upon return home;
·        Knowing that when the other families are waiting at the pier, I wouldn’t be able to stand among them anxiously awaiting my sailor’s return.
This isn’t everything. It’s just a glimpse.
Sincerely,
Chief Petty Officer Lee Quillian, USN (Ret.)
CC:Â Â Â Â Â Â U.S. Sen. Carl M. Levin
Chairman, Senate Armed Services Committee
U.S. Sen. John S. McCain
Ranking Member, Senate Armed Services Committee
U.S. Sen. Joseph I. Lieberman
Member, Senate Armed Services Committee
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Legal experts are applauding Special Counsel Jack Smith’s move to “leapfrog” a Trump effort to delay his D.C. case by claiming he has immunity from prosecution and appealing the decisions by asking the U.S. Supreme Court to rule on that major question.
Trump is claiming he cannot be prosecuted for his efforts to overturn the 2020 election because he was president at the time, and is also claiming he cannot be prosecuted because he was impeached nay the House but not convicted by the Senate.
Legal experts and U.S. District Judge Tanya Chutkan have declared Trump is not immune from prosecution for criminal acts, with Judge Chutkan writing: “Defendant’s four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”
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On Monday the Special Counsel appeared to have short-ciircuited Trump’s delay tactic by asking the Supreme Court to rule on this question: “Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”
“It is hard for Trump to logically object to Smith’s request today for expedited Supreme Ct review since it is Trump who is claiming he [should] not be subject to the indictment at all,” writes former FBI general counsel Andrew Weissmann, a popular MSNBC legal analyst. “Expedited review only helps alleviate that harm, if he is correct (which he is not).”
Weissmann adds, “Note newest Smith team member: the storied appellate lawyer Michael Dreeben. Argued over 100 cases in Supreme Court, and was head appellate lawyer on SC Mueller team.”
“This is a really ballsy move,” declared former U.S. Attorney and Deputy Asst. Attorney General Harry Litman. “And who is Michael Dreeben? He plays a similar role in Mueller investigation but he was a very long time Deputy Solicitor General and probably the most respected Supreme Court advocate on criminal issues in the Dept.”
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Steve Vladeck, the national security attorney and professor of law, adds, “if I were taking a criminal procedure issue to the Court, there’s no one I’d want as my special counsel *more* than Michael Dreeben.”
He also explains, “The bottom line of Jack Smith’s #SCOTUS filing is that he wants to ensure, one way or the other, that the issue of Trump’s constitutional immunity from the January 6-related prosecution is conclusively resolved by the end of the Supreme Court’s *current* term (i.e., June 2024).”
“This is exactly the right move,” announced noted constitutional law scholar and Harvard University Professor Emeritus Laurence Tribe. “And SCOTUS should agree to leapfrog the DC Circuit, just as it did in the Nixon tapes case. The issue is purely legal and delay hurts the country.”
Former 30-year federal prosecutor Glenn Kirschner, now an NBC News/MSNBC legal analyst sums up the Special Counsel’s move: “Unwilling to play Trump’s stupid reindeer games, Jack Smith takes the reins and seeks an expedited answer from the Supreme Court on Trump’s baseless claim that he is above the law and can’t be prosecuted for his crimes.”
Watch Weissmann’s explanation of Smith’s move below or at this link.
MSNBC Legal Contributor Andrew Weissmann explains why Jack Smith’s direct appeal to the Supreme Court on the issue of Trump’s immunity claims is a “smart move.” pic.twitter.com/835W478Kpe
— MSNBC (@MSNBC) December 11, 2023
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Special Counsel Jack Smith is asking the conservative-majority U.S. Supreme Court to rule on a major leg of Donald Trump’s defense, that he is immune from any prosecution for actions he took while President.
Smith’s question now before the justices: “Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”
MSNBC on-air called it “an unexpected and fascinating legal move.”
The justices can agree to take up the question or refuse.
The Special Counsel has requested an expedited decision.
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U.S> District Judge Tanya Chutkan has already ruled Trump can be prosecuted for his efforts to overturn the 2020 election. Trump has appealed and is attempting to put the entire case on hold until a ruling has been made.
“Smith is attempting to bypass the appeals court,” the Associated Press reports. “The request filed Monday for the Supreme Court to take up the matter directly reflects Smith’s desire to keep the trial, currently for March 4, on track and to prevent any delays that could push back the case until after next year’s presidential election.”
The U.S. Supreme Court has refused to hear a case challenging the state of Washington’s law banning anti-LGBTQ conversion therapy for minors, but in the 6-3 decision Justices Samuel Alito, Brett Kavanaugh, and Clarence Thomas said they would have taken the case. Justice Thomas vehemently objected to the Court’s decision, using his dissent to declare the practice – denounced as dangerous by major medical organizations and as torture by organizations and some who have been subjected to it – a First Amendment issue.
NBC News reports, “the court left in place a state law that bars therapists from counseling minors to change sexual orientation or gender identity, a practice favored by some conservatives.”
Conversion therapy, which experts say is unsuccessful and has been labeled child abuse or fraud, aims to change an LGBTQ individual’s sexual orientation or gender identity.
The Human Rights Campaign has published the statements of 15 medical groups’ positions against conversion therapy, and of a coalition of medical, mental health, education, and religious groups also opposing the practice.
Courthouse News, reporting on the Court’s refusal to take up the case, noted, “State lawmakers enacted the law to protect the physical and psychological well-being of minors, including lesbian, gay, bisexual and transgender youth. A 2018 study found that over 60% of children who received conversion therapy attempted suicide.”
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When accepting or denying a case for review, Supreme Court justices are under no obligation to identify their vote by name, much less submit legal arguments for their positions, but on this issue Justice Thomas included a multiple-page dissent.
Thomas insisted conversion therapy is an issue of free speech, despite that methods used in the U.S. and around the world can range from talk therapy to medication, surgery, electro-shock “therapy,” and even “physical and psychological violence” according to a statement opposing conversion therapy from the Independent Forensic Expert Group on Conversion Therapy.
“There is little question that SB 5722 regulates speech and therefore implicates the First Amendment. True, counseling is a form of therapy, but it is conducted solely through speech,” Thomas wrote in his dissent. “A law that restricts speech based on its content or viewpoint is presumptively unconstitutional and may be upheld only if the state can prove that the law is narrowly tailored to serve compelling state interests.”
Justice Thomas did not appear to consider the state’s primary role and compelling interest in protecting minors.
He also wrongly claimed, “under SB 5722, licensed counselors cannot voice anything other than the state-approved opinion on minors with gender dysphoria without facing punishment.”
CNN reports, “Under the law, a licensed therapist can discuss conversion therapy with minors or recommend it be performed by others such as a religious counselor, but a licensed therapist cannot perform it.”
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Ignoring the numerous statements, studies, and positions of experts that conversion therapy is both unsuccessful in its aims and dangerous to the health of those who undergo the discredited practice, Justice Thomas wrote that under the Washington state law known as SB 5722, “licensed counselors can speak with minors about gender dysphoria, but only if they convey the state-approved message of encouraging minors to explore their gender identities.”
“Expressing any other message is forbidden—even if the counselor’s clients ask for help to accept their biological sex,” he continued. “That is viewpoint-based and content-based discrimination in its purest form. As a result, SB 5722 is presumptively unconstitutional, and the state must show that it can survive strict scrutiny before enforcing it.”
Justice Thomas also appeared to invite additional challenges to laws banning conversion therapy, which now exist in 22 states and the District of Columbia, according to the Movement Advancement Project.
“Although the Court declines to take this particular case, I have no doubt that the issue it presents will come before the Court again. When it does, the Court should do what it should have done here: grant certiorari to consider what the First Amendment requires,” Thomas wrote.
Issuing only a short statement that he agreed with Justice Thomas’ decision, Justice Alito called the case “a question of national importance.”
“It is beyond dispute that these laws restrict speech, and all restrictions on speech merit careful scrutiny,” he added.
In 2020, the Williams Institute at UCLA School of Law reported on a study that found “non-transgender LGB people who experienced conversion therapy were almost twice as likely to think about suicide and to attempt suicide compared to their peers who hadn’t experienced conversion therapy.”
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