A personal blog by a graying (mostly Anglo with light African-American roots) gay left leaning liberal progressive married college-educated Buddhist Baha'i BBC/NPR-listening Professor Emeritus now following the Dharma in Minas Gerais, Brasil.
Towleroadhas received the below statement from White House spokesman Shin Inouye.
"The Justice Department is studying the decision, including the question of its scope and immediate effect and we expect them to announce their next steps after that review is completed. The President remains committed to legislative repeal of DADT, and he will continue to work with lawmakers to achieve that goal this fall. And he will continue to work closely with Secretary Gates, Admiral Mullen, and the Joint Chiefs of Staff on an ongoing study of how to best implement the repeal."
"Judge Phillips has not yet entered the judgment. She asked the plaintiffs to submit a proposed order including a permanent injunction by September 16. When she enters the judgment, she can either permit it to take effect immediately, stay it while the decision is on appeal, or temporarily stay it to give the Ninth Circuit an opportunity to rule on whether her decision should be stayed during the appeal. Because this is a facial challenge, not just an as-applied challenge, if the decision is upheld on appeal, it will apply to the whole country and will be the end of Don't Ask, Don't Tell." - National Center for Lesbian Rights attorney Shannon Minter.
A federal judge in Riverside, California has ruled DADT to be a violation of the First Amendment rights of gay and lesbian soldiers. The ruling arose from a challenge filed by the Log Cabin Republicans.
U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military. Phillips said she would issue an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.
Log Cabin Republicans head R. Clarke Cooper reacts: "As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane ‘don't ask, don't tell’ statute violates the Constitution,” said R.Clarke Cooper, executive director of the Log Cabin Republicans & Liberty Education Fund. “Today, the ruling is not just a win for Log Cabin Republican service members, but all American service members."
VIDEO: Rachel Maddow covers today's ruling.
As noted above, the federal government may appeal the decision. It is unclear what the status of DADT may be in the meantime. The Department of Justice has until September 23rd to submit objections to the judge's injunction.
Servicemembers United note that their executive director is the sole "injured party" named in the Log Cabin Republicans' suit.
"This is an historic moment and an historic ruling for the gay military community and for the readiness and integrity of our Armed Forces" said Alexander Nicholson, Executive Director of Servicemembers United and a former multi-lingual U.S. Army interrogator who was discharaged under 'Don't Ask, Don't Tell.' "As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication."
VIDEO: Anderson Cooper covers the ruling.
More on this tonight as it develops. Here is the court's ruling.
“Today a federal judge affirmed what the vast majority of the American people know to be true – that it’s time for the discriminatory ‘Don’t Ask, Don’t Tell’ law to be sent to the dustbin of history. With this legal victory in hand, Congress is right now in a perfect position to strengthen our national security by ending a law that has discharged thousands of capable service members. With House passage already secured, the Senate can and should vote in the next few weeks to repeal ‘Don’t Ask, Don’t Tell’ and allow every qualified man and woman the chance to serve with honor.”
American Foundation for Equal Rights
"Today's court decision declaring "Don't Ask, Don't Tell" unconstitutional is yet another significant and long-overdue step toward full equality for all Americans. Along with the recent federal court decisions on DOMA and Proposition 8, it is clear that our nation is moving toward the day when every American will be treated equally under the law, as is required by our Constitution." Stonewall Democrats
“Today’s Federal court decision calling the Don’t Ask, Don’t Tell policy unconstitutional on grounds that it violates gay military members' rights to free speech, due process and open association is another nail in the coffin of the policy.” Mitchell continued, “We’re glad that the Federal court agrees with President Obama’s position: that Don’t Ask, Don’t Tell needs to come to an end. Our Senators need to hear from their constituents demanding repeal. We also call on Senate Republicans to rise above the obstructionism they’ve been playing at for months and let a vote happen on what the vast majority of Americans want: repeal of DADT.”
Servicemembers Legal Defense Network
“We’re pleased by the judge's decision, but this decision is likely to be appealed and will linger for years. Congress made the DADT law 17 years ago and Congress should repeal it. The Senate will have the opportunity to do just that this month and most Americans think the Senate should seize it.”
SU Exec. Dir. is Sole Named Injured Party in Case Brought by Log Cabin in 2004
FOR IMMEDIATE RELEASE
09/09/2010
WASHINGTON, D.C. - Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, proudly hailed today's announcement that U.S. District Court Judge Virginia A. Phillips has ruled that the 17-year old "Don't Ask, Don't Tell" law is unconstitutional. Judge Phillips also indicated that she will issue a permanent injunction barring the Department of Defense from carrying out further discharges.
"This is an historic moment and an historic ruling for the gay military community and for the readiness and integrity of our Armed Forces" said Alexander Nicholson, Executive Director of Servicemembers United and a former multi-lingual U.S. Army interrogator who was discharaged under 'Don't Ask, Don't Tell.' "As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication."
The case through which the law was struck down, Log Cabin Republicans vs. U.S.A., was originally filed in 2004 by the gay Republican organization Log Cabin Republicans. Servicemembers United's Executive Director, J. Alexander Nicholson, is the sole named injured party in the lawsuit.
The full 85-page ruling from Judge Phillilps can be found at:
The California Supreme Court has refused to force the state government to defend Proposition 8.
The state officials' decision not to argue in support of Proposition 8 has raised questions about whether anyone is legally qualified to defend it in court. The Pacific Justice Institute filed suit last week, arguing that the California Constitution requires Brown to defend the state's laws. A state appeals court dismissed the suit without a hearing, and the state's high court denied review Wednesday without comment. It will now be up to a federal appeals court, and possibly the U.S. Supreme Court, to decide whether Prop. 8's sponsors have legal standing - the right to represent the state's interests in defending one of its laws. Attorney Brad Dacus, president of the Pacific Justice Institute, said the court order was disappointing. "People on the left and right should both be mourning the fact that the attorney general and the governor are reneging on their oaths of office," Dacus said, arguing that the officials have a sworn duty to defend all state laws.
GetEQUAL plans to close down the intersection of Castro and Market streets in San Francisco this afternoon in a protest over House Speaker Nancy Pelosi's inaction on ENDA. The group similarly shut down the Las Vegas strip in August during Netroots Nation. Today's action is scheduled for 5pm local time. Via press release:
"We pay taxes, contribute to the economy, and create American-paid jobs that provide products and services world-wide. Yet we continue to be treated unequal and Speaker Pelosi has the power to bring us one step closer to being fully-protected American citizens - and workers," said Dan Fotou, a California GetEQUAL supporter and participant in today's rally. "As Speaker Pelosi and other members of Congress are out campaigning to keep their jobs, they should know we have every intent of continuing our campaign to keep our jobs, too. Speaker Pelosi has said that 'our impatience is justified' - but what isn't justified is the unfulfilled promises she continues to make to the LGBT community. It's time for Speaker Pelosi to do the right thing and schedule an immediate vote on ENDA."
"GetEQUAL has promised that, as long as people's lives and livelihoods are at stake, we will not stop standing up for those LGBT workers in dozens of states across this country without a voice, without any job security," said Heather Cronk, managing director of GetEQUAL. "With the launch of our 'ENDA Summer' campaign, we told politicians that while they are back home campaigning to save their jobs, we intend on reminding them that their employment isn't the only one on the line. Millions of LGBT workers punch a clock every single day unsure if today's timecard could turn into tomorrow's discriminatory pink slip. The time to pass ENDA is now."
Another protest is underway at this writing in the offices of Rep. Chris Carney (D) in Pennsylvania. Zach Ford has more and photos of the sit-in.
The bizarre Prince Poppycock advanced last night on America's Got Talent in an over the top patriotic display that included the photos of Harvey Milk and Poppycock's face on three dollar bills.
The website Slap Upside The Head says that the "ex-gay" group Exodus International, which recently lost its tax exempt status in New Zealand, does not deserve that status in Canada either.
All registered charities operating in Canada must provide what the Canada Revenue Agency calls a “public benefit.” This is a long legal definition that I can’t claim to fully understand, but, of particular note, a charitity’s activities must be “regarded as valuable by the common understanding of enlightened opinion,” and such value “must be weighed against any harm that may arise from the proposed activity and a net benefit must result.” Since homosexuality is not a recognised disorder by any respected medical organisation, it’s questionable as to what benefit could come out of trying to treat it as one. Moreoever, the consensus in the medical community is that all attempts to treat homosexuality as a disorder may cause serious psychological harm. With no clear benefit, and demonstrable harm from Exodus’ actions, I think there’s a strong case to argue that Exodus’ activities do not meet Canada’s criteria for charitable status.
If you are a Canadian citizen, please consider visiting the site's action page, which includes email addresses and phone numbers for the compliance department of Canada's Revenue Agency. This movement is in its early stages and the site's authors are seeking legal and medical experts willing to testify that the "ex-gay" movement is doing real demonstrable harm to the citizens of Canada.
Montana Tea Party president Tim Ravndal has been fired after making Facebook jokes about the murder of Matthew Shepard in a posting denouncing same-sex marriage and the ACLU. Ravndal's Facebook friend: "I think fruits are decorative. Hang up where they can be seen and appreciated. Call Wyoming for display instructions.” Ravndal responded: "Where can I get that Wyoming printed instruction manual?" The Montana Tea Party issued this statement announcing Ravndal's firing:
We are extremely disappointed by Mr. Ravndal’s commentary. The discussion in that Facebook conversation is entirely outside the position of the Big Sky Tea Party. Even though Mr. Ravndal was having a personal conversation and made no reference to our group, we felt strongly that swift and decisive action was required as we cannot accept that sort of behavior from within our membership, let alone from an officer of the corporation.
Actor and gay activist Glenn Shadix, best known as the snobby interior designer in Tim Burton's 1988 hit comedy Beetlejuice,has died at the age of 58 after a fall at his Birmingham, Alabama home.
"He was having mobility problems, and he was in a wheelchair," Susan Gagne, Shadix's sister, said. "It looks like he fell and hit his head in the kitchen, and that's the cause of death." Besides his breakthrough role as the outlandish Otho in "Beetlejuice" in 1988, Mr. Shadix appeared in two more movies for the writer-director Burton, doing the voice of the mayor in "The Nightmare Before Christmas" in 1993 and playing the orangutan Senator Nado in Burton's 2001 remake of the sci-fi classic "Planet of the Apes." After retiring from Hollywood, Mr. Shadix moved back to Birmingham about four years ago to be close to his family, his sister said. He had been living in a condo on Highland Avenue.
Shadix had worked with Central Alabama Pride and in 2008 rode in the Birmingham Pride Parade. He was particularly involved in fighting the "ex-gay" movement as he had undergone electro-convulsive aversion therapy as a teenager at the insistence of his father. His personal blog remains online.
But three suicides in one year, within one school district, all by students who are gay or lesbian? That's nothing short of an epidemic, and it's the problem currently facing Minnesota's Anoka-Hennepin school district.
The most recent incident occurred in July, when a 15-year-old student took his own life. A concert cello player in his school's orchestra, the student was incessantly bullied because of his sexual orientation.
"I'm not asking you to accept this as a lifestyle for you," his grieving mother recently said in testimony before the Anoka-Hennepin school board. "I'm only asking that you please make the school safe for gay, lesbian, bisexual and transgender students still alive and in this district today."
Statistics underscore the danger to LGBT students. Nationwide, gay youth are four times more likely to attempt suicide than their heterosexual classmates, in large part because of toxic environments where anti-gay bullying can thrive. Nearly 90% of gay students have experienced harassment in school, and almost two-thirds say they feel unsafe at school because of their sexual orientation or gender identity.
Yet in the Anoka-Hennepin school district, a "neutrality" policy has tied the hands of school administrators and teachers to combat homophobia. This policy was put in place due to the influence of anti-gay groups such as the Parents Action League, which believes homosexuality is a behavior that can be cured, and it requires teachers and school officials to remain silent about subjects pertaining to sexual orientation.
Because of this anti-gay influence, the school board turned down a request by Minnesota's largest gay rights organization to conduct a district-wide anti-bullying program. And it prevented the district from taking action against two teachers who harassed a student believed to be gay until an investigation by the Minnesota Department of Human Rights intervened and punished the teachers.
Stopping the harassment of people based on their sexual orientation shouldn't be a liberal or conservative issue. It's a humanitarian issue, and can literally be a matter of life and death.
Suicide doesn't occur in a vacuum. As we commemorate National Suicide Prevention Week this week, let us remember that we all have influence over the environment in which harassment thrives. If we sit idly by and do nothing, we're part of the problem.
For more news and commentary from this week in change, see the summaries from your favorite causes below.
A number of states have laws on the books banning same-sex marriage. But Wisconsin's law takes the homophobic cake. Gay Rights blogger Maia Spotts notes that on the books in Wisconsin is a law that allows for a gay couple to be fined $10,000, plus a jail term, if they decide to get married. Forget just banning same-sex marriage. This is outright criminalizing love. Read more »
