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Changes To USA LGBT Legislation - Military & Marriage

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A Remarkable week for LGBT Rights in Washington, D.C

http://www.aclu.org/, 22 July 2011

Most of the news coming out of Washington, DC this week has been all about debt ceilings, sweltering triple-digit temperatures and "heat domes.”However, there's another important reason to take note of the week that was, as it was one of the most important weeks for LGBT rights in our nation's capital in recent memory.

On the eve of a landmark hearing in the U.S. Senate Judiciary Committee on the discriminatory and unconstitutional Defense of Marriage Act (DOMA), the White House on Tuesday afternoon formally endorsed the Respect for Marriage Act, which would repeal DOMA in its entirety.Additionally, it would provide all married couples certainty that regardless of where they travel or move in the country, they will not be treated as strangers under federal law.

On Wednesday, the U.S. Senate Judiciary Committee made history by holding the first hearing on how DOMA negatively impacts married gay and lesbian couples and their families.The hearing was particularly historic because it was the first since DOMA came into being in 1996 to examine its impact on tens of thousands of Americans with a critical eye.Of particular note (and delight for supporters of LGBT equality), Senator Al Franken (D-Minn.) took a witness from the anti-gay Focus on the Family to task for factual inaccuracies in his hearing testimony that could be read to disparage gay and lesbian-led families.Chairman Patrick Leahy (D-Vt.) also got the Focus on the Family witness to admit that the children of married gay and lesbian couples are financially harmed as a direct result of DOMA.It was crystal clear at the hearing that there's absolutely no rational argument one can credibly muster to defend the senseless discrimination that DOMA represents.

Please join with the ACLU in urging your members of Congress to support the Respect for Marriage Act.We are now up to 27 Senate co-sponsors and 119 in the House.

Earlier this afternoon, President Obama, Secretary of Defense Leon Panetta and Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff, certified that the repeal of "Don't Ask, Don't Tell” will not affect unit cohesion or readiness.Lesbian, gay and bisexual troops can begin serving openly 60 days from today's certification.In addition, those who wish to enlist and join the armed forces will no longer need to lie about their sexual orientation in order to do so.Today's action represents the final formal step necessary to relegate DADT to its rightful place as an ugly relic of history.

It isn't every week that we can report such momentous progress, so we wanted to share the good news with you all.We can take a few days to celebrate, particularly as gay and lesbian couples in New York gain the freedom to marry on Sunday, but then it is back to work next week on working to repeal DOMA.All of the tens of thousands of legally-married gay and lesbian couples across the U.S., and the thousands more who will start to join them this weekend in New York, deserve to have those marriages respected by the federal government.

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Certifying the end of "don't ask, don't tell" and allowing open service

http://seattletimes.nwsource.com/, 25 July 2011

President Obama's certification the military is ready for the repeal of "don't ask, don't tell" will allow gays and lesbians in uniform to serve their country without fear of retaliation.

AN end to prohibitions on gays serving in uniform will end in 60 days because President Obama certified the military was ready to move ahead.

The president's signature was key, and required by law, and he had the support of civilian Defense Secretary Leon Panetta. Credit the chiefs of the military services with the heft to make this happen, however belatedly.

Last December, Congress voted to end the 17-year-old "don't ask, don't tell" rules that deny gays the right to serve in the military openly. More than 14,000 gays and lesbians were discharged because their sexual orientation became known.

The sheer folly of denying these men and women the opportunity to serve their country became apparent to those trying to retain and promote skilled military members in an all-volunteer environment.

The repeal law built in time elements that could either be seen as opportunities to prepare for a transition or stall. The Pentagon responded with training sessions for officers and enlisted personnel ahead of change.

Relying on civilian political courage alone would not have made this happen. The endorsement of the repeal by the Joint Chiefs and the assignment of a two-star general to oversee implementation represented real commitment.

"As of Sept. 20 service members will no longer be forced to hide who they are in order to serve our country," the president said in a statement. His signature Friday on the certification launched the final phase.

This big step sets in motion other changes to be accomplished. Providing for routine dependent coverage for gays and their families is basic: health care, housing and benefits.

Apparently, the federal Defense of Marriage Act stands in the way of those adjustments. In a time of same-sex marriage laws across the country, DOMA must go. Especially if it impedes the service of patriots.

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Don't Ask, Don't Tell dies for good on 20 September

news.PinkPaper.com, 25 July 2011

America's infamous military gay ban – Don't Ask Don't Tell – will be fully and permanently dead on 20 September.

It already can't be enforced against active-duty troops, courtesy of the 9th U.S. Circuit Court of Appeals.

But on 22 July, military readiness to implement Congress' repeal of the ban was certified by Defense Secretary Leon Panetta; Adm. Michael Mullen, chairman of the Joint Chiefs of Staff; and President Barack Obama, setting in motion a 60-day waiting period until the policy is history.

The certification confirms that the armed forces' implementation of the repeal and the transition to open service will not affect "military readiness, military effectiveness, unit cohesion, and recruiting and retention of the armed forces," Panetta said.

"The final countdown to repeal begins today," said Servicemembers Legal Defense Network Executive Director Aubrey Sarvis, who urged Obama to now issue an executive order banning anti-gay discrimination and harassment in the military.

"Signing legislation that allows for repeal of Don't Ask, Don't Tell was necessary but it is not sufficient for ensuring equality in the military," Sarvis said. "It's critical that gay and lesbian service members have the same avenues for recourse as their straight counterparts when it comes to harassment and discrimination."

SLDN also promised to advocate for legally married service members to receive the same benefits as their straight counterparts, and to assist veterans in correcting or upgrading discharge paperwork.

Human Rights Campaign President Joe Solmonese called Obama's certification of repeal "a monumental step not just for those forced to lie in order to serve but for all Americans who believe in fairness and equality."

Service members United Executive Director Alexander Nicholson said: "Today, gay and lesbian service members can and will breathe a huge sigh of relief. While we still must wait 60 days for this change to formally take effect and for the law to officially be off the books, this step is nothing short of historic."

"This is the final nail in the coffin for the discriminatory, outdated and harmful Don't Ask, Don't Tell law," Nicholson said.

OutServe, the association of actively serving LGBT military personnel, hailed the announcement.

"In 60 days, my life and the lives of thousands of other gay and lesbian troops changes," said OutServe co-director " JD Smith. "I cannot be more proud to be able to serve during this time."

Lesbian U.S. Rep. Tammy Baldwin, D-Wis., said people victimized by DADT now deserve an apology.

"I remember and honor the service of all the courageous lesbian and gay members of our armed forces who have been required to live a lie so that they can serve our country, or have been discharged because of who they are," Baldwin said. "These patriotic Americans deserve our thanks and our apologies."

President Obama issued this statement:

"Today, we have taken the final major step toward ending the discriminatory Don't Ask, Don't Tell law that undermines our military readiness and violates American principles of fairness and equality. In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met. Don't Ask, Don't Tell will end, once and for all, in 60 days -- on September 20, 2011.

"As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness. Today's action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal. As of September 20th, service members will no longer be forced to hide who they are in order to serve our country. Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

"I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war. I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition. Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that define us as Americans."

Panetta issued a statement which said, in part: "All men and women who serve this nation in uniform -- no matter their race, color, creed, religion or sexual orientation -- do so with great dignity, bravery and dedication. As secretary of defense, I am committed to promoting an environment free from personal, social or institutional barriers that prevent service members from rising to the highest level of responsibility that their talents and capabilities warrant. They put their lives on the line for America, and that's what really matters. Thanks to the professionalism and leadership of the U.S. military, we are closer to achieving the goal that is at the foundation of America -- equality and dignity for all."

A statement from Mullen said: "Certification does not mark the end of our work. Ready though we are, we owe it to ourselves and to the nation we defend to continue to train the remainder of the joint force, to monitor our performance as we do so, and to adjust policy where and when needed. My confidence in our ability to accomplish this work rests primarily on the fact that our people are capable, well-led and thoroughly professional. I have never served with finer men and women. They will, I am certain, carry out repeal and continue to serve this country with the same high standards and dignity that have defined the U.S. military throughout our history."

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Republican presidential candidates in tricky spot as public attitudes on gay marriage change

www.washingtonpost.com , 1 August2011

NEW YORK — Same-sex marriage might seem like a straightforward issue: You're for it or against it. Yet for the field of Republican presidential hopefuls, it's proving to be an awkward topic as public attitudes change and more states legalize gay unions, the latest being New York.

Numerous recent polls suggest a slim majority of Americans now back gay marriage. Support is highest among Democrats, but is growing across the political spectrum even while religious conservatives — a key part of the GOP primary electorate — remain largely opposed.

( Charlie Neibergall, / Associated Press ) - FILE - In this July 20, 2011, file photo, former Minnesota Gov. Tim Pawlenty speaks to local residents at The Sports Page bar & grill in Indianola, Iowa. Same-sex marriage might seem like a straightforward issue: You're for it or against it. Yet for the field of Republican presidential hopefuls, it's proving to be an awkward topic as public attitudes change and more states legalize gay unions, the latest being New York.

The result, according to political analysts from both major parties, is a dilemma for the leading GOP candidates, most of whom oppose same-sex marriage but tend to avoid raising the topic unless asked.

"They see the polling — more and more Republicans are supporting gay marriage,” said David Welch, a former research director for the Republican National Committee. "It puts them in an awkward position with the younger members of the party and also with independents whose votes you need to win.”

Richard Socarides, a former Clinton White House adviser on gay rights, said the political climate has changed rapidly and dramatically as leading Democrats celebrate the advent of gay marriage in New York and the imminent end of the ban on gays serving openly in the military under President Barack Obama.

"It's now advantageous for Democrats to support gay rights, and a net negative for Republicans to oppose them,” Socarides said. "It's become extremely complicated for many of the Republican candidates who are used to using anti-gay rhetoric as a way to gin up their base.”

Obama, though still not ready to endorse gay marriage, says he's "evolving” on the issue and is supporting a bill that would extend federal recognition to same-sex couples who marry in the six states that allow it.

New Hampshire is among those six states and also home to the first Republican primary next winter. According to conservative activists in the state, none of the major GOP presidential candidates has yet taken a public position on the ongoing effort by some Republican legislators to repeal the 2009 state law legalizing same-sex marriage.

Andy Smith, director of the University of New Hampshire Survey Center, predicted that most of the GOP contenders would continue trying to dodge the issue because of lukewarm public support for repeal.

However, David Bates, one of the lawmakers pushing for the repeal, says he and his colleagues intend to put some heat on the GOP contenders by scheduling debate on the repeal bill in the weeks leading up to the primary.

"We will be seeing to it that each candidate addresses it,” Bates said. "They will not be able to duck it.”

In Iowa, where social conservatives are likely to play a key role in the GOP caucus next winter, two candidates — Rep. Michele Bachmann of Minnesota and former Sen. Rick Santorum of Pennsylvania — both signed a pledge denouncing same-sex marriage rights. Former governors Mitt Romney and Tim Pawlenty were among those refusing to sign the pledge, but both issued statements stressing that they favored limiting marriage to one-man, one-woman unions.

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