Is Washington Going To Make Homophobia Acceptable In The Military?

You know, there’s nothing that disgusts me more than discrimination. Using your beliefs, or those of your parents, your church, your boss, your political party, your ethnicity, whatever it is that makes you feel somehow superior to others, to discriminate against people in any way, in their jobs their homes, on the street; it’s wrong. It’s stupid. It needs to just stop. But, not any time soon, it seems, for those in the military.

John Fleming

Apparently the House Armed Services Committee [HASC] has adopted an amendment—put forth by Republican Representative John Fleming of Louisiana—to the National Defense Authorization Act that would protect, PROTECT, inappropriate, defamatory, and discriminatory speech and actions from one member of the armed forces to another. Simply put, service members will be allowed to use their religion to justify their bigotry.

Allyson Robinson, Army veteran, OutServe-SLDN Executive Director, and an ordained Baptist minister, says the Fleming measure is unwarranted:

“The military already has in place policies that adequately protect a service member’s personal beliefs while also protecting unit cohesion and good order and discipline. This amendment is nothing but a thinly veiled attempt to sabotage the climate of inclusion and respect for all that our Commander-in-Chief and Secretary of Defense have called for in our military, and would create a license to bully, harass, and discriminate against service members based on religion, gender, sexual orientation, or any number of other characteristics.”

When these so-called ‘conscience protections, were first added to the defense budget last year, Representative Adam Smith, a Democrat from Washington, said, “Basically, you can believe what you believe and not be punished for it, but if your actions based on those beliefs are counter to the Uniform Code of Military Justice or counter to what’s necessary, that can be held against you.”

See, no one is saying you can’t think what you want to think, and believe what you want to believe, but the Fleming Amendment allows you to take your beliefs one step further, and speak your bigotry, and act upon your bigotry.

Robinson also believes the measure would undermine the authority of military commanders to maintain order:

“This amendment takes an authority this nation has entrusted to commanders in the field since its founding—the authority to exercise appropriate control over their troops’ ‘actions or speech’ to maintain good order and discipline—and puts it in the hands of politicians in Washington. As someone who has led soldiers in the field, I can tell you that is an untenable situation.”

Makes one wonder how people like John Fleming might feel if, one day, it became acceptable for those folks who are atheist, agnostic, non-believers to think and speak and act upon their own beliefs? I mean, what’s good for the goose, no?

Allyson Robinson

Allyson Robinson:

“Religious liberty is a core American value, and we support the accommodation of all beliefs. What we can never support is legislation that sanctions one belief at the expense of others and places unit cohesion, the safety of our troops, and their ability to accomplish the mission in jeopardy, and that’s exactly what this bill would do.”

As I said, you cannot tell people what to think—yet—but you can tell people, especially those in the military that they cannot vocalize they’re intolerance, they cannot act on their homophobia, toward any other member of the armed services.

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Good News Friday: A New Bill To Extend Equality To All Military Families

What's this?

A bill, the Military Spouses Equal Treatment Act of 2012 [MSET], has been introduced in Congress and it would change the definition of "spouse" in four  areas of U.S. Code related to recognition, support, and benefits for married service members and veterans. These changes would ensure that spouses of the same gender are eligible for key military benefits.

Equality say what?

Aubrey Sarvis, executive director of Servicemembers Legal Defense Network [SLDN] says: "Our nation's senior military leaders and commanders on the ground are increasingly uncomfortable with administering two classes of recognition, support and benefits for our nation's service members - one for straight service members and a different one for their gay and lesbian peers. There cannot be two classes of service members, and this legislation addresses that effectively."

And, in addition, the Department of Defense General Counsel Jeh Johnson also mentioned the disparity between same-sex and opposite-sex couples: "The repeal of 'Don't Ask, Don't Tell' exposes certain inequalities between similarly situated couples in the military community. This troubles many of our leaders."

The bill was introduced by House Armed Services Committee Ranking Member, and Democrat...naturally...Adam Smith of Washington. His bill adds a favorable definition of "spouse" to Title 37 to provide greater uniformity of benefits for same-sex spouses. Together with MSET, this new bill would extend dozens of important spousal benefits and support programs to same-gender spouses, including coverage under TriCare insurance, an increased housing allowance, and survivor benefits.

As it should be, if all things were equal. So let's hope this bill passes, because a step for same-sex married couples anywhere is progress for same-sex couples everywhere.

via SLDN

Good News Friday: Anthony Loverde Re-Enlists

Staff Sergeant Anthony Loverde was discharged from the military back in 2008 under "Don't Ask, Don't Tell" but Servicemembers Legal Defense Network [SLDN] has announced that he will be reinstated in the U.S. Air Force and will return to active duty. 

He is set to take his oath, again, in Sacramento in May 2012 and be assigned to the 19th Operations Squadron at Little Rock AFB in Arkansas. The reinstatement is set to make Loverde the second service member--and second SLDN client--reinstated to active duty following the repeal of DADT in September 2011.

Staff Sergeant Anthony Loverde: "I am honored and humbled to return to the service of my country and the job I love. I am grateful to my legal team and all of those in the armed forces who helped to facilitate this reinstatement. I am eager to take the oath and get to work."

Loverde's reinstatement is the result of a resolution on his behalf in the case, Almy v. U.S., filed in 2010, that challenged the constitutionality of the three plaintiffs who were discharged under DADT; the resolution seeks their reinstatement to active duty. A resolution was reached last December on behalf of Petty Officer 2nd Class Jase Daniels, who was reinstated in the U.S. Navy as a linguist, and the third resolution, on behalf former Air Force Major Mike Almy, is expected soon.

Anthony Loverde enlisted in the Air Force at age 20, rising to the rank of Staff Sergeant before he was discharged seven years later under DADT. He is an expert at calibrating weapons systems and had been in charge of cargo on more than sixty flights into Iraq. Following his discharge, he was hired immediately by a military contractor and sent to Iraq and Afghanistan, largely doing the same job he had done in the Air Force before his discharge.

The same job.

And now, he can go back to serving his country, as he should have been allowed to do all along.

via SLDN

Suing To Serve

Michael Almy, Anthony Loverde, and Jason Knight.

Who are they, you ask? Well, all three are decorated veterans from the US military, and all three have been discharged under DADT. And now, all three joined with the Servicemembers Legal Defense Network [SLDN] to challenge the constitutionality of the military policy that bans openly gay and lesbian soldiers from serving.


And if you are still one of those neanderthals that believes DADT is right and fair and just, and don't believe that DADT harms the military and threatens our national security, then listen up.

Michael Almy was a 13-year veteran who saw four deployments to the Middle East, and has received numerous awards and honors during his Air Force service. Still, he was discharged for being gay.

He served; he fought; he was discharged.

Anthony Loverde also served in the Air Force, for seven years, as a trained C-130 Loadmaster and Precision Measurement Equipment Laboratory Technician. In 2008, he was discharged for being gay. These days Loverde works for a defense contractor doing the same job he did for the military, even working alongside his old coworkers. He's still doing the same job, but because it's for a business, and not the military, he has job security, regardless of his sexual orientation.

Same job, different boss.

Jason Knight five years in the US Navy as a trained Cryptological Technician Interpretive Linguist, the type of position that many would probably consider critical for the success of U.S. operations abroad. But Jason Knight was discharged in 2005 for being gay.  But, and this is were it gets even more strange. After his discharge, for being gay, he was called up again in 2006, and then discharged for still being gay in 2007.

He was in, he was out, he was in, he was out.

So, Michael Almy, Anthony Loverde, and Jason Knight, along with SLDN and the law firm Morrison & Foerster, are challenging the constitutionality of DADT in a California federal court. And if the US Senate fails to repeal DADT before the body breaks for the holidays and a new Congress takes over, they'll leave the fate of DADT up to the courts and an aggressive litigation strategy by repeal advocates.

Aubrey Sarvis, the director of SLDN and himself an Army veteran: "This filing is a shot across the bow as we prepare to pursue and sustain an aggressive far reaching litigation strategy if the Senate fails to act this month to repeal the law. This dispute can be resolved by Congress or by the courts. With this filing we put Congress on notice that a cadre of service members and our national legal team stand ready to litigate strategically around the country. We are also preparing litigation on behalf of young people who would enter the armed forces to serve our country but for this terrible law. Another suit we’re working on involves clients discharged under ‘Don’t Ask’ who want to enter the reserves or a guard unit, and we plan to file such cases early next year if Congress fails to act. Clearly there is an urgent need for the Senate to act on legislation this week.”

It seems everyone wants it done, but no one wants to step up. Obama says he wants it done, but is leaving it to the courts ands the Congress. Many in Congress want it done, but they are saying Obama should issue an executive order. Nearly 75% of Americans want it done, as does the majority of our military personnel.

Get it done.

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Nancy Wants It Done This Year

Even though all sorts of folks, including the White House, are saying "No," Nancy Pelosi is saying "Yes"

Pelosi, the House Speaker, plans on having a DADT vote this year, according to her spokesperson, Drew Hammill, who said, “it is the Speaker’s intention that a vote will be taken this year.”

Work it, Nancy. This is good news.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network [SLDN] is thrilled with the news: “I’m delighted that [Pelosi] reaffirmed to hold the vote this year.” Sarvis also thinks it's high time for the president to step up as well. “The hour for the president as well as for the leadership to become engaged is now,” he said. “The reality is — particularly in the Senate Armed Services Committee — we are still short of some critical votes. We don’t have the votes today. We’re on the brink of getting them, and we need help from leadership on the Hill and from the president himself.”

Yes, we do.