ENDA...Is It Time To Turn Up The Heat?

Employment non-discrimination is getting some much needed coverage this week...albeit for all the wrong reasons. President Obama is coming under fire for refusing to issue an executive order banning anyone contracting with the Federal Government from discriminating against any of their employees on the basis of sexual orientation or gender identity. To be honest, while the reports call it a "blow for advocates", I don't think anyone is surprised. If anyone feels echoes of the DADT repeal or the President's "evolution" on marriage equality that's because the same tactics and verbage are again being put in play. While this executive order would only affect the employees of government contractors, it would at least be a step in the right direction to a larger national law. Instead, the administration is claiming to put their efforts into a national ENDA policy by building a "coalition" of bipartisan support. In a recent White House response to the President's decision, Press Secretary Jay Carney articulated the Administrations viewpoint:

The President is dedicated to securing equal rights for all LGBT Americans.  And that is why he has long supported an inclusive employment non-discrimination act which would prohibit employers across the country from discriminating on the basis of sexual orientation and gender identity.  The President is committed to lasting and comprehensive non-discrimination protections, and we plan to pursue a number of strategies to attain that goal.  Our hope is these efforts will result in the passage of ENDA, the Employment Non-Discrimination Act, which is a legislative solution to LGBT employment discrimination.

And I would make the comparison here that pursuing that strategy, the passage of ENDA, is very similar to the approach the President took for the legislative repeal of “don’t ask, don’t tell.”

Does all this sound familiar to you too? With the repeal of DADT, the President had it within his power to issue and executive order and instead, opted to build a similar bipartisan coalition and came under all the same criticism. But there's a problem with the Administrations version of events surrounding the repeal of DADT that may be key to understanding our role in helping pass ENDA and ensuring workplace protections for all LGBT Americans....and that is the role of outside pressure.

Where Do We Stand?....Tragedy and Triumph

Yesterday saw the end of "Don't Ask Don't Tell" and one more victory was won in the long march towards equality. Celebrations are being held all over the nation and in the news. Everyone is overjoyed to see this bit of institutionalized hatred bit the dust. I know it meant a great deal to my husband, who served a tour of duty under DADT during the original "Desert Storm" operation in Iraq. Jay came to accept himself as a gay man during his time in the Army and it has always been his regret that he served in the closet and ultimately left the Army because he knew their would be no place for him in it as an openly gay man. He was particularly jazzed then to be able to make his own celebration video marking the end of DADT.

And then reality punched us in the face again....another teen had killed himself due to bullying...

Yahoo! DADT= Dead As a Doornail Today!

Merry Christmas Everyone! Santa Dropped a present off early. Today is a historic day!..Don't Ask Don't Tell is gone!

In a vote of 65-31, the senate has voted to adopt the DADT compromise repeal measure. My jaw dropped when I heard because I honestly didn't expect it to happen, but score one for justice. It went down a little something like this...Darth McCains forces of discrimination and injustice were closing in on the plucky rebels. There seemed no way out as time became the enemy...would there be enough votes?...It all came down to one fateful moment as a handfull of equality minded Senators staged a last ditch assault against a horrific monolith of evil...



Lol...you know I was gonna relate it to Star Wars some how. But in all seriousness todays vote truly was one in a million. Much as this victory didn't end the war for the rebels it certainly was a massive victory(and saved their bacon). So also is todays vote...it's not an end to the struggle but it is an incredible victory that will change the course of things to come.

But, for now...DADT still has some hoops to jump before it is truly only a memory in the public consciousness. For instance, it must still be signed by the Chairman of the Joint Chiefs of Staff, the Secretary of Defense...and the President. Assuming that happens without incident then implementation will occur...and no one knows exactly what the military has in mind for that which leaves us with a some what indeterminate timeline for when a soldier might safely admit to being gay without suffering consequences. That's a lot of room for foot dragging in my opinion In addition, this repeal made no accommodations for Transgendered soldiers, thoughI feel that is just a matter of time with this repeal.

However...lets be thankful for the victory we have. Me being a "glass half empty kinda guy just means I need to go fill it up and raise a toast in thanks.../cheers!

And I have to say...if Gay rights continues to parallel events in Star Wars, than its time to brace yourself for "The Empire Strikes Back"...I'm not sure I'm looking forward to the scene when McCain Captures Ted Olsen and  David boys and attempts to freeze one of them in carbonite...it might make that love scene a little awkward...

Congratulations to everyone and Happy Holidays!...as well as a super congrats to all the gay and lesbian soldiers out there who have just received and incredible vindication for their service.

A tally of how the vote went down can be found below the fold:

Warrior...Show Me The Way..

How would you feel if everyone was talking about whether or not you should be allowed to exist?

You already exist, it's a plain fact..and everyday you do a dam good job of being you. However one day you decide to speak up and say, "Hey, I'm here and my life matters." To which everyone else then feels the need to discuss every aspect of your life, from who you love to the specifics of your moral character and how they relate to going to the bathroom and showering as if your being was contagious. Talking about you as if you just are not there and literally debating whether or not they will allow you to be who you already are. Would you be outraged? embarrassed? mortified to have you life subjected to a microscope to determine whether what you are is acceptable to everyone else?

Isn't this exactly what we are subjecting gay and lesbian soldiers to by purporting to study the effect that allowing them to serve openly would have on the military?

When Is it Enough?

Yesterday My husband and I got a letter in the mail that reminded us that we live in a country that holds our relationship in contempt. It was a letter notifying us that as a same-sex couple, our health benefits were considered taxable income...

"Whats the big deal?", you might ask. "This has been going on forever." Well, the big deal is that in the same notice comes the bald admission that this tax does not apply to opposite sex couples. The explanatory pamphlet from health Service System of San Francisco puts it like this....if you can sift through the legalese: (emphasis mine)

Health coverage for you domestic partner, same sex spouse, and any children of that partner or spouse through a Health Service System (HSS) plan is typically a taxable benefit. Because the federal government does not recognize domestic partnership or same sex marriage for tax purposes, employer contributions to health premiums for an employee or retiree's domestic partner, and children of a domestic partner or same sex spouse, are treated as taxable(imputed) income. Moreover, employee premium contributions are taken post-tax. By comparison,  if an employee or retiree is married to a member of the opposite sex, no taxable imputed income results from and employer's contributions to an opposite sex spouse's health premium costs. Also, employee premium contributions for an opposite sex spouse are paid pre-tax.

There you have it in black and white...or in this case, full color glossy....If we were a heterosexual couple we would not be taxed on our health care benefits. Now, the point of this pamphlet was to make us aware of a tax break the federal government makes available to "qualifying relatives"...which includes domestic partners and same sex spouses, as a way to offset this gays only tax. That said...

let the my rant begin...

Working The Steps

Not the twelve steps mind you but the steps of the Judicial system. That appears to be the only way we are likely to see progress on gay rights for the next two years. While we currently have two court challenges to DOMA already in process...Gill v. The Office of Personel Management and Massachussetts v. The United States Department of Health and Human Services. Also working the steps California's challenge to Prop 8(Perry v. Schwarzenegger)  now in the Ninth Circuit. And finally we have the Log Cabin Republican's challenge to DADT also making its way to the Ninth Circuit court of appeals. All of which are being opposed by President Obama's Department of Justice.

Yesterday two new challengers entered the fray...

DADT...Ding Dong The Witch Is Dead?

Well Dorothy. its true...In the Log Cabin Republican suit against Don't Ask Don't Tell, Federal Judge Virginia Phillips not only ruled that the policy was discriminatory and unconstitutional...she went and dropped the house on it by ordering the federal government to cease all investigations and discharges effective immediately. ....*shock*....*awe*....cue Glenda the good witch...

Wow...its like that moment in the Wizard of Oz when the witches legs curl up leaving behind empty stockings and a gently worn pair of ruby slippers. I stand here dumbfounded and waiting for munchkins to start dancing and singing while a little girl steals an old ladies shoes and flees the scene of an accident. But whats next?...and what of the announcement that the Department of Justice intends to defend DoMA?

The View From Under The Bus

Of the goals the gay community has as signposts on the way to full legal equality, three of the biggest are:

1) ENDA the Employment Non-Discrimination Act whose passage would make it illegal to fire someone from their job on the basis of sexual identity. This one sees most of its resistance because it includes a provision for transgendered peoples.
2) DOMA....repealing the Defense Of Marriage Act which currently protects states from having to recognize same-sex marriages performed in other states stands as a barrier to the recognition of same-sex marriage on a federal level. this dovetails with the individual state fights for same-sex marriage recognition.
3)DADT....also a repeal action, giving Don't Ask, Don't Tell the ax would end the discharge of LGBT people from the United States armed forces on the basis of their sexual identity.

They are also specific items that the White House has promised to specifically repeal...as in the case of Don't Ask, Don't Tell...or promised to work toward as part of their advocacy and "change you can believe in".

Boiling them down to their essence... employment protection, military service, and marriage equality...all have the common denominator of seeking equal treatment under the law for gay, lesbian, bisexual, and transgendered U.S. citizens. No special treatments or provisions...just the ability to reap the same legal benefits from our society that our straight fellows enjoy...seeing as how we are expected pay our taxs and fulfill all other obligations of U.S. citizenship....expecting equal legal treatment is not too much to ask....but then, why is it so easy for lawmakers to throw us under the bus? Since, despite promises, it's likely that we will see NONE of these things accomplished this year....zip...zero...nada...

The White House Pride Reception...Taking A Hard Look At Our Progress

A White House reception for Pride month has just wrapped up. That heads of activist organizations have been invited to the White House is not especially unique under this administration. The HRC alone spends more time at the White House than they do within their own offices. What marks this reception as different was that the heads of the largest LGBT lobbying groups where NOT invited. Since HRC has taken so much criticism of late for their utter lack of effectiveness given the amount of time they spend attending fancy cocktail parties, it will be interesting to see the results of what happens when they are specifically left off the guest list. So.....What happens when you mix a room full of gay activists with the President of the Unites States, and free cocktails? A very long speach. watch the video after the jump...

Stories From The Frontlines...Clifton Truman Daniel

Stories From the Frontlines is a partnership project between the Servicemembers Legal Defense Network and participating bloggers, offering open letters to President Barack Obama from active duty servicemembers, urging him to repeal DADT through relating their personal stories. The most recent entry struck me deeply because of resonance with history so I thought I'd share it with all of you. Clifton Truman Daniel is the Grandson of President Harry S.Truman and has a unique perspective on the courage it takes to use the presidential pen for the good of others...even when its wildly unpopular. Read his letter after the jump..

May 7, 2010

President Barack H. Obama

The White House

1600 Pennsylvania Avenue Northwest
Washington, DC 20500



Dear Mr. President:

Tomorrow, my family and I will mark the 126th anniversary of my grandfather President Harry Truman’s birthday. There are many reasons we celebrate his life and contributions to our nation, but in particular we are proud of his decision to desegregate the U.S. Armed Forces in July 1948, which paved the way for future civil rights advancements.

It was not easy. He faced fierce opposition from inside and outside the military. Many, including Army Chief of Staff Gen. Omar Bradley, argued that mixing black and white soldiers would destroy the Army.

My grandfather, however, was appalled that African-American service members had been beaten and lynched upon their return home from fighting in World War II. They had risked their lives to defend our nation, but were denied the full rights and responsibilities of American citizenship. Implementation of his order to desegregate wasn’t easy, but it made our military stronger and our nation a brighter beacon of democracy.

There are strong parallels between the desegregation of the military and the debate over “Don’t Ask, Don’t Tell,” the law that mandates the firing of a service member based solely on his or her sexual orientation. Opponents argue that allowing openly gay and lesbian service members to serve alongside their heterosexual comrades will endanger discipline and morale.

While I have no idea where my grandfather would stand on “Don’t Ask, Don’t Tell,” I do know that he admired service and sacrifice. An estimated 66,000 gay and lesbian Marines, Soldiers, Sailors, Airmen and Coastguardsmen are willingly risking their lives to defend our nation, despite being treated as second class citizens.

I would hope that my grandfather would want his openly gay great-granddaughter and others like her to have the opportunity to serve the country they love with dignity and integrity.

Mr. President, as you have said many times, including in your State of the Union Address earlier this year, ending “Don’t Ask, Don’t Tell” is the right thing to do. This year is the right time to do it.

I commend you for your commitment and hope the example of my grandfather, Harry Truman, will help you lead with the same courage and conviction to ensure the "equality of treatment and opportunity for all who serve our nation’s defense.”



Respectfully,

Clifton Truman Daniel

A powerfull read from a man who saw history happen from the inside. I hope our President sees this and takes it to heart.

Until next time dear readers...

DADT...Stepping Up The Pressure

Nothing breaks President Obama's facade of diplomatic neutrality...nothing. That man could outstare an iceberg and stay cooler longer. That fact has been true about our President in the face of some very vitriolic attacks over the course of the last year. He has been heckled on the senate floor, faced down teabaggers, and swam in  the shark tank of wall street without so much as wrinkling his lapel. So then, it came as a great suprise to see the Presidents air of nonchalance slip a notch when Get Equal protesters shouted out during a fundraising speach for Barbara Boxer in Los Angeles. Video after the jump.

Exact Change

President Obama offered us the slogan "Change we can believe in" but was all of that just smoke and mirrors to earn him the Presidential seat? Certainly, many promises were made. Not only to the gay community but to the nation at large. So many, in fact, that it left many of us wondering how the hell any President could accomplish them all within their time in office. Which in turn begs the question, "Did he intend to?" This time...his promise to repeal Don't Ask Don't Tell is again in doubt. Leading many, myself included, to question the sincerity of his promises and to consider a proper course of action if they turn out to be intentionally false.

No More Holding Hands In The Dark....DADT

When we send our young men and women off to war we often laud them as heroes for giving up their personal freedoms in order to defend ours. They give up the ability to do so many things that we take for granted on the average day, to put their lives on the line to make sure we can continue to live in freedom. This is a sentiment that has been passed around so much...and used for political gain...that it sometimes seems to be  cliche but it also happens to be totally true. When you give up the ability to go out on a Saturday night with your best freinds or simply spend a day watching t.v. and instead chose to do a service for your country in which you may not come home to enjoy those simple freedoms....you deserve to be considered a hero. So why do we draw a line at gay and lesbian soldiers and say, "Not these guys. They don't count." Does their life not carry the same value as a heterosexual soldiers life? Is not their sacrifice the same?

Not when we treat those same soldiers, who are making the same sacrifices, as criminals or predators because they happen to be gay. Such are the stories told by those dismissed under Don't Ask, Don't Tell....Such as Just-A-Joe the anonymous gay soldier who blogged about his time in the service, his unintentional coming out, and emminent dismissal. But nothing I can say will be as powerfull as their own words...

Don't Ask....Don't Make It Up As You Go Along

Wow that title would make for an even more awfull acronym than...DADT

It makes for even more awfull testimony in a Senate hearing regarding "Don't Ask Don't Tell"...yet thats exactly what Retired General John Sheehan did during his turn to testify. For those who haven't heard what happened, retired General Sheehan testified at said Senate hearing that because the Dutch army allows gays to openly serve in their armed forces...they were unable to prevent the overruning of Srebrenica... and the following massacre of Muslims, during the Bosnian War....huh?.....Video coverage of the hearing is easily available..but not as much fun as Rachal Maddows coverage below the fold...

Gay Activism Steps It Up

Not to Long ago in a previous post I mused that the future of the struggle for gay rights will have to move beyond the tactic of politely asking the powers that be for our due civil rights and on to more assertive forms of civil protest. Now, with Dan Choi's arrest, the topic is all over the net.

Well...I hate to give big fat "I told you so's"....o.k....no I don't....I told you so!....

Yesterday Lt. Dan Choi and Capt. Jim Pietrangelo, in protest over DADT, chained themselves to the WhiteHouse fence. On the surface Dan Choi and Pietrangelo's actions in chaining himself to the Whitehouse fence seem an ill timed gesture. The Army had just let him back on active duty and suspended his discharge. Are the lawmakers that pushed to get him reinstated feeling a bit upset by his actions? In addition, Congressional hearing are taking place discussing the need for a DADT repeal and public opinion, by and large, is with a repeal. Making lawmakers upset at this stage in the game may erode what little support there is in congress. Not that he should cease advocating for what he believes in but chaining yourself to the Whitehouse fence is bound to make you more enemies than friends...not the least because it can be interpereted as showboating in an effort for Lt. Choi to get his name back in the news.

But dialing our view back from the specific event of Dan Choi's arrest alot more took place on that day.

Don't Ask, Don't Tell...Don't Stop Talking...

"Don't Ask, Don't Tell"....For a policy thats name implies silence, alot of words are currently being devoted to it. Senate hearings, t.v. spots, newspapers, talk radio, and the blogs have all been endlessly churning the issue till theres little doubt left where the line in the sand has been drawn...and who stands on either side. No matter which side you find yourself on, its not difficult to acknowledge that we find ourselves awash in a world of opinion about the subject.

Some of the most influential testimony on the subject has been from Chairman of the Joint Chief's of Staff, Mike Mullen......and oddly enough...He blogged about the subject.. Who knew Admirals where that in touch with modern trends?...or more likely, that they employed staffers who are. Here are his thoughts on the matter:

With Friends like These...

GLBTQ people are a very diverse group covering all classes and political backgrounds, but most GLBTQ people will tend to vote Democratic because of the perception that Democrats support our issues...and Democrats have no problem allowing that perception to stand as long as we donate money and vote. Lately however, our "fierce advocates" have been anything but fierce.