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“Not Equal” Flag Debuted in New York DADT Protest

Jim Burroway

March 19th, 2010
"Not Equal" Flag (Gay City News)

"Not Equal" Flag (Gay City News)

Protesters carried this banner at a small protest in New York City’s Times Square today against “Don’t Ask, Don’t Tell”.  I don’t know if this one will catch on, but given the rising anti-HRC sentiment I wouldn’t be surprised if this starts to become the new rainbow flag, especially given the new flag’s lineage:

Rainbow flag creator Gilbert Baker, himself a Vietnam-era veteran, was on hand with a yellow “is not equal to” symbol he had sewn onto a blue banner. The new flag was commentary on the logo long used by HRC, whose efforts to get Don’t Ask, Don’t Tell repealed and advance other goals are viewed as inadequate by direct action groups emerging nationwide. “HRC isn’t pressing the issue or demanding equality,” Dillon said. “It’s not working.”

Three members of Queer Rising tried to gain access to the Midtown Manhattan Armed Service Career Center, but were blocked. About 20 protesters were on hand altogether.

“Not Guilty, Not Ashamed, and Not Finished”

Jim Burroway

March 19th, 2010
Capt. Jim Pietrangelo and Lt. Daniel Choi following their court appearance and release. (Metro Weekly)

Capt. Jim Pietrangelo and Lt. Daniel Choi following their court appearance and release. (Metro Weekly)

That’s the plea that Lt. Daniel Choi entered at his arraignment in DC Superior Court this afternoon, according to tweets from a reporter at Metro Weekly. Choi and Capt. Jim Pietrangelo were arrested yesterday and charged with “failure to obey a lawful order” after chaining themselves to the White House fence in protest over “Don’t Ask, Don’t Tell.”  Pietrangelo also pleaded not guilty. Both were reportedly brought into the court room in handcuffs and chains.  Trial is set for April 26.

Anti-gay general’s comments infuriate the Dutch

Timothy Kincaid

March 19th, 2010

sheehanWhen Republicans on the Senate Armed Services Committee invited retired General Jack Sheehan to speak in opposition to allowing openly gay soldiers to serve in the US Military, they certainly didn’t think he would start an international incident with his comments. But as it has turned out, Sheehan’s comments have now become a point of anger, ire, and ridicule around the world.

Sheehan sought to counter one of the most compelling arguments for lifting the ban on gay servicemen: that many of our allies have done so without problem. He wanted to persuade committee members that, indeed, modern militaries that have “liberalized” their forces and allowed gay soldiers to serve have suffered dramatic consequences.

So Sheehan blamed one of Europe’s military blunders, the inept protection of a town in Bosnia by Dutch peace-keeping forces, on these liberalizing perspectives, and in particular the policy of including gay soldiers. And he claimed that he had this on the authority of Henk van der Breemen, the Netherlands Chief of Defense Staff.

The massacre of 8,000 men and boys at Srebrenica is an important event in the modern history and culture of the Dutch people. The Netherlands government commissioned a study and delved deeply into the causes which contributed to the inadequate defense, and the event led to the ouster of van der Breemen and eventually the resignation of Prime Minister Wim Kok. And while the Dutch take responsibility for their part in the tragedy, they rightly note that other nations share blame as well for not committing adequate resources and for not sending air response when requested.

To speak of this event – and to claim Dutch sources – from an outsider’s perspective was a most incautious action. And is was also unwise not to recognize that the Dutch pride themselves in their acceptance of gay people into the fabric of their culture and life and that they see statements that appear to be homophobic as boorish and personally offensive.

Though not exactly a parallel, testifying that the Dutch military leaders blamed the massacre at Srebrenica on gay Dutch soldiers is a bit like some foreign official claiming that Dwight Eisenhower had told him that the incarceration of Japanese-Americans was the fault of Jews. It is irrational, touches on matters of national shame, is deeply insulting and causes an immediate anger, disgust, and revulsion.

And, indeed, the Dutch have been deeply insulted. And have responded vehemently to deny any connection between the events in Bosnia and the Dutch policy of allowing gay soldiers.

The statement has been denounced by van der Breemen, who called it “absolute nonsense” and stated that he does not and never has shared Sheehan’s views on gay soldiers.

The Dutch Ambassador to the United States, Renée Jones-Bos, released a statement saying that she couldn’t disagree more.

I take pride in the fact that lesbians and gays have served openly and with distinction in the Dutch military forces for decades, such as in Afghanistan at the moment.

The military mission of Dutch UN soldiers at Srebrenica has been exhaustively studied and evaluated, nationally and internationally. There is nothing in these reports that suggests any relationship between gays serving in the military and the mass murder of Bosnian Muslims.

As we noted yesterday, the Dutch military was quick to respond. But the statements caught the attention of the Dutch people and the government of the Netherlands and seemed to slur the identity of the Dutch as a people. A reader informs us that the story was on the news all day and the claims elicited response from several officials. (New York Times)

The Dutch defense minister, Eimert van Middelkoop, added that the comments were, “scandalous and unbefitting a soldier.” Maxime Verhagen, the Dutch foreign minister, chimed in on Twitter, calling the explanation of what happened at Srebrenica “extremely strange.” Jan Kleian, the head of the Dutch military union ACOM, told Dutch television, “That man is just crazy.” He added, “That sounds harsh, but what else can I say, because it is complete nonsense.”

The anger and response went to the highest level of government (WaPo)

The Dutch prime minister Friday denounced as “irresponsible” a claim by a retired U.S. general that gay Dutch soldiers were partly to blame for allowing Europe’s worst massacre since World War II.

Dutch officials, from the Cabinet to the military, were outraged by retired Gen. John Sheehan’s remarks at a Senate Armed Services Committee hearing in Washington, D.C., on Thursday.

But this story is not limited to US and Dutch media. Media from around the world, including many nations that are allies and whom allow openly gay soldiers, have picked up the retired general’s comments. And, as reported, they appear to show contempt for foreign militaries and for the soldiers who are fighting by our side in Afghanistan and Iraq.

So now we have an international incident. Now our perception around the world has been tarnished. And now our State Department has had its job made more difficult.

ENDA Sit-ins Result in Arrests in DC and San Francisco

Jim Burroway

March 19th, 2010
DC Sit-in (Omar Clarke, GetEqual.org, via Pam's House Blend)

DC Sit-in (Omar Clarke, GetEqual.org, via Pam's House Blend)

In Washington, DC, eight activists arrived for a meeting with the staff of House speaker Nancy Pelosi, demanding that the Employment Non-Discrimination Act (ENDA) be brought to a vote. They then barred the doors and staged a classic, old-fashioned sit-in augmented with modern-day Tweets. After about four hours, police were able to get into the offices and arrest four lesbians for unlawful entry. They were taken to DC Central Cellblock — the same location where Daniel Choi  and Jim Pietrangelo were taken following his arrest at the White House –  and released without bail. Their court date is April 6. Choi and Pietrangelo were held overnight.

While the protest in Pelosi’s DC office was taking place, another seven or eight protesters occupied her district office in San Francisco. Arrests also took place there. Both events were coordinated by GetEqual.org.

Schumer Argues for LGBT Incusion in Immigration Reform

Jim Burroway

March 19th, 2010

Sen. Charles Schumer (D-NY)Kerry Eleveld at The Advocate reports that Sen Charles Schumer (D-NY) sent a letter to some of his LGBT constituents in New York indicating that he would support provisions uniting LGBT families in comprehensive immigration reform:

The failure to recognize permanent partners in the application for legal permanent residency is a major concern for many Americans. I share this concern and am a cosponsor of the Uniting American Families Act of 2009, which would amend the Immigration and Nationality Act to permit permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents. I support this principle of immigration reform and I am working on introducing a comprehensive package that would address this issue along with a host of immigration issues, including a pathway to legalization, the future flow of immigrants and border enforcement measures.

He added that he believes the only way to enact meaningful reform is through comprehensive legislation rather than piecemeal bills.

Update: While Schumer’s support for UAFA is welcome, BTB’s Gabriel Arana notes several problems with proposed immigration reforms in general.

Lt. Daniel Choi Arrested In DADT Protest At White House

Jim Burroway

March 18th, 2010

Iraq war veteran Lt. Daniel Choi, whose discharge from the US Army under “Don’t Ask, Don’t Tell,” handcuffed himself to the White House fence this afternoon along with Capt. Jim Pietrangelo, who was discharged in 2004. Here is CNN’s coverage of that protest:

YouTube Preview Image

Choi and Pietrangelo had earlier attended a rally at Freedom Plaza organized by the Human Rights Campaign which featured comedienne Kathy Griffin. Griffin invited Choi, who had not been invited to speak, up to the stage to say a few words. Choi took the opportunity to invite participants at the rally to march with him and Pietrangelo to the White House.

Once they reached the White House shortly before 1:00 pm, Choi and Pietrangelo handcuffed themselves to the fence. They were quickly met by police and Secret Service. After a standoff of about an hour, police cut they two from the fence and placed them under arrest. A third advocate, Robin McGehee of GetEQUAL was also arrested.

Latest word is that Choi and Pietrangelo will be held in DC jail overnight and appear tomorrow in DC Superior Court. Observers say that it is highly unusual for a person to be arrested with “failure to obey a lawful order” and be held overnight. Typically such an individual makes bail and is released the same day. Why the delay?


In the best tradition of protests, that is where this story would end for the day, as unsatisfying an ending as it is right now. But wouldn’t you know it, whenever it comes to the gays, it seems there always has to be some squabbling going on somewhere. This one is playing out as an anti-HRC/pro-HRC tussle. Blogger John Avarosis describes the events at the HRC’s rally this way:

I was there, chronicled Dan from this morning’s preparation to his unexpected speech at the HRC rally (Joe Solmonese told him he couldn’t speak, Dan got Kathy Griffin to invite him on stage), to his march to the White House fence where he and Capt. James Pietrangelo (who was kicked out in 2004 for being gay) handcuffed themselves to the White House gate with hundreds of supporters chanting. It was an amazing scene. Griffin told Choi she’d march with him the White House, then she refused to go when he found her after rally. Solmonese reportedly gave Choi the thumbs up when Choi asked him if he’d march to the White House – Solmonese too was nowhere to be scene, and refused to go when Choi approached him after the HRC rally.

The HRC responded:

There’s been some confusion about Lt. Dan Choi’s role in the rally.  As Joe Solmonese was walking to the stage, Lt. Choi asked Joe if he could have a speaking role. Joe explained that it wasn’t his sole decision to make on the spot given that there was already an established program that included Kathy Griffin, other organization and veterans.  After Choi then spoke with Kathy Griffin, she agreed to bring him up on stage and speak to the crowd during her remarks.

Lt. Choi in his speech called on the crowd to march on the White House. Joe Solmonese along with Eric Alva and others felt it was important to stay and engage those at the rally in ways they can continue building the pressure needed for repeal. This does nothing to diminish the actions taken by Lt. Choi and others. This is the nature of social change and everyone has a role to play.

As for Kathy Griffin, we have this tweet:

It was my honor 2 share th podium w Lt Dan Choi today. I understand he’s been arrested in front of the White House. I dig that dude! Balls!

Dutch military disagrees with Sheehan’s revision of the Srebrenica massacre

Timothy Kincaid

March 18th, 2010

Retired General Jack Sheehan’s assignment of the blame for the Srebrenica massacre to gay Dutch soldiers was not confirmed by the Dutch. From Voice of America

Asked for comment, Dutch military officials expressed astonishment. The spokesman for the Netherlands Ministry of Defense, Roger van de Wetering, told VOA Sheehan’s assertions are “total nonsense” and that he “cannot believe that a man of that rank is stating such a thing.” He added that he had never heard Sheehan’s allegation before from any source in the Netherlands or anywhere else.

Many historians have argued that Dutch peacekeeping forces in the Balkans were under-equipped and hampered by operational limitations imposed by the United Nations.

Sheehan blames Bosnian massacre on gay Dutch soldiers

Timothy Kincaid

March 18th, 2010

sheehanIn a page right out of Scott Lively’s playbook, retired General John Sheehan assigns gay the blame for one of the world’s atrocities. This time, it’s the massacre of Bosnian Muslims at Srebrenica. (Herald Sun)

A RETIRED US general today said Dutch UN troops defending Srebrenica in the Bosnian war failed to prevent the 1995 genocide partly because their ranks included openly gay soldiers.

The chairman of the Senate Armed Services Committee, Carl Levin, pressed him to clarify his comments about Srebrenica.

“Did the Dutch leaders tell you it (the fall of Srebrenica) was because there were gay soldiers there?” asked an incredulous Senator Levin.

“Yes,” Gen Sheehan said and added: “They included that as part of the problem.”

Gen Sheehan, who retired from the military in 1997, said he had been told that by the former chief of staff of the Dutch army.

Nearly 8,000 Bosnian men and boys were slaughtered by the Serbs at Srebrenica. This assignment of blame to gay soldiers appears to be a new theory, one that was not discovered by the Dutch in their subsequent review of what went wrong.

Sheehan appeared to be arguing that the liberalization of the European militaries led to weakness and suggesting that allowing gay soldiers to serve resulted in sissy-boy soldiers. He didn’t share his views on how that worked in the Israeli army.

Senator Levin wasn’t having it and called Sheehan out on his biases. (Navy Times)

“I think we all remember Srebrenica,” Levin said. “Any effort to connect that failure on the part of the Dutch to the fact that they had homosexuals … is totally off target. I see no suggestion of that. It’s no more on point than the fact that they may have allowed African or Dutch-African or women” to serve.

“My comment was that the liberalization … ” Sheehan said.

Levin interrupted. “I agree with that,” he said. “They weren’t good in that respect. They were trained to be peacekeepers, not peace enforcers. … But to slide over from that into a suggestion that it had something to do with the fact that homosexuals were allowed in the Dutch army suggests that somehow or other homosexuals are not great fighters. … I think that is totally wrong.”

It will be interesting to hear the response of the Dutch government to Sheehan’s assertions. [Update: Dutch military officials have responded.]

Sheehan also shared his opinions on the attitudes of soldiers, decades after he was last in any position to know. (Stars and Stripes)

On Thursday, retired Marine Gen. John Sheehan, former head of U.S. Atlantic Command, told lawmakers he supports the yearlong review but believes researchers will conclude that such a change is detrimental to unit cohesion and morale.

“Military life is fundamentally different than civilian life,” he said. “Popular culture may have changed over the years, but military culture and responsibilities have changed very little.”

Sheehan said known homosexuals in units he commanded caused disruption for all his Marines, forcing troops to choose sides and creating fear among those who had to work closely with them.

Having presented an argument that is both outdated and bizarrely homophobic, I wonder if Sheehan has actually hurt his cause.

Kathy Griffin Calls for DADT Repeal in D.C.

Gabriel Arana

March 18th, 2010

photo (5)

Kathy Griffin called for DADT repeal at a demonstration on Freedom Plaza in Washington, D.C. around noon today. Lt. Dan Choi also spoke, then asked demonstration participants to follow him to the White House, where he proceeded to chain himself to the surrounding fence.

San Diego candidate learns not to buddy up to ex-gay gadfly James Hartline

Timothy Kincaid

March 17th, 2010

hartline2It never pays to buddy up to ex-gay activist James Hartline. You’re going to get burned. Even if you agree with everything that Hartline supports, you have to be as extreme and wacky as he is or he’ll turn on you.

And San Diego City Council candidate Lorie Zapf has just found that out. Hartline is sharing some of their communications with the press. (Union-Tribune)

Hartline said he distributed the e-mail to media outlets this week because Zapf was not living up to his anti-gay standards.

zapfIt all started in 2006 when Zapf supported a candidate for City Council who endorsed the mayor who was known to be tolerant of gay people. Although she had attended church with him at Mission Valley, this was enough to lead Hartline to suspect Zapf’s anti-gay credentials. Or as Hartline tells it (in the third person):

It was because Hartline and Zapf knew each other at MVCF that Hartline began to email Zapf regarding her obviously hypocritical involvement with the campaigns of Judy Riddle, a member of the cult Mormon Church, and pro-homosexual San Diego Mayor Jerry Sanders. Hartline could not understand at the time how Zapf could be involved in promoting Mormon candidates when MVCF had taught her that Mormonism is a cult. Equally perplexing for Hartline was the idea that Zapf was so involved with Jerry Sanders after the years Sanders had marched in San Diego’s pornographic gay pride parades.

Initially, Zapf attempted to manipulate Hartline in emails, telling Hartline that she was firmly in his camp on the homosexual issue. As Hartline responded with emails showing Zapf was compromising, she began to take a sinister turn, emailing Hartline’s pastors in an attempt to shut Hartline down. It appears by her responses in the recent Union Tribune article, that the sinister Zapf is once again replacing the “Aunt Bee” Lorie Zapf.

Hartline’s view of “compromising” is probably a bit different than yours. Zapf was pretty clear where she stood: (City Beat)

“I absolutely want to keep homosexuals out of public office and not be allowed to influence our schools, textbooks, altering marriage, children, and on and on”

“I like that you are trying to keep homosexuals and homosexual activists out of public office because we both know what the long term agenda is.”

“I do believe homosexuality is a sin. I have three homosexual first cousins. I love them all and would ‘be seen’ in a photo with them. I believe they all live in sin and frankly all are very unhappy people and had horrible childhoods as well.”

But hating the gay isn’t enough for Hartline. You have to be fire-breathing, take no prisoners, crazy-ass in your hating of the gay. But crazy-ass homophobia doesn’t sell with in San Diego. Yes, this is a Republican city, but it likes its Republicans to be either gay supportive or gay themselves.

So Zapf is now clarifying. She says that she didn’t mean gay people, per se, just gay activists (ya know, the gay folk who aren’t closeted, delusional, ex-gay, or like Roy Ashburn).

And she’s a victim. It was just taken out of context.

“This is what keeps good people from running for office,” she said. “Everyone’s got something. It’s going to be a little sentence plucked out, taken out of context … and then used against me to try to destroy me and my family.”

Zapf said voters should note that Hartline’s anger stems from her support of gays.

“The irony is that James Hartline, of all people, who is so rabidly anti-gay, is trying to hurt me because I’m not,” she said. “He doesn’t think I’m anti-gay enough. I’m not at all.”

Oh, I dunno, Lorie. I think you’re plenty anti-gay.

Even if you would ‘be seen’ in a photo with me.

New military survey on DADT

Timothy Kincaid

March 17th, 2010

In February, Lake Research Partners and American Viewpoint, on behalf of Vet Voice Foundation, conducted a telephone survey of Iraq and Afghanistan veterans about Don’t Ask, Don’t Tell.

The methodology appears to be fairly decent, though the margin of error is a bit large.

Lake Research Partners and American Viewpoint designed and administered this survey, which was conducted by phone using professional interviewers. The survey reached a total of 510 veterans of Operation Iraqi Freedom (Iraq) and/or Operation Enduring Freedom (Afghanistan). The survey was conducted February 8-23, 2010. Telephone numbers for the sample were generated randomly from a military sample and a radius sample drawn from military bases in the United States. The margin of error for the total sample is +/- 4.4 percentage points.

But I do have some concerns about the demographic breakdown. As best I can tell, it does not appear to be representative of the military as a whole. It appears to over-represent white, male, and more highly educated personnel than what I’ve been able to identify as reflective of those serving. Nevertheless, it adds to the conversation.

This sample was:

45% Republican (or leaning) v. 20% Democrat (or leaning)
19% High school education, with 44% college graduate or post graduate
79% married
36% evangelical Christian
69% white, 16% black
58% think there were gay people in their most recent unit

Of this sample,

  • 60% agree and 29% disagree with “Being gay or lesbian has little bearing on a service member’s ability to perform their duties.” This may be skewed by two lead up questions asking about race and gender having bearing.
  • 73% are comfortable (37% very) and 23% are uncomfortable (7% very) “in the presence of gays and lesbians?”
  • 34% favor (24% very); 36% oppose (29% very); and 30% aren’t sure about “allowing openly gay men and lesbian women to serve in the military”
  • When asked to “describe your personal opinion if gay and lesbian people were allowed to serve openly in the military”, 73% said it would be acceptable (though 31% wouldn’t like it) and 25% said it would be unacceptable.

They also measured by age and found that “younger veterans lean toward favoring allowing gay men and lesbian women to serve openly while older veterans lean toward opposing the change, but there is little intensity in either direction.”

While I am not sure that this accurately reflects the views of our military, it does add to the growing recognition that soldiers care a lot less about the sexual orientation of their fellows than do Senators or Pentagon officials.

Thursday’s testimony to include pro- and anti-DADT former soldiers

Timothy Kincaid

March 17th, 2010

On Thursday, the Senate committee will hear testimony from three prior service members.

Speaking in favor of excluding gay Americans from serving their country will be Jack Sheehan. (ArmyTimes)

Retired Marine Corps Gen. John “Jack” Sheehan, appearing at the invitation of the committee’s Republican staff, has never publicly addressed the issue of gays in the military; by expressing opposition to repeal of the ban, he will join forces with Marine Corps Commandant Gen. James Conway, who told the committee Feb. 25 hearing that he wants to “keep the law such that it is.”

Sheehan will be giving us the DADT perspective of old men who retired before it came into being.

Sheehan reached the top rungs of the military during his 35 years of service. Commissioned in 1962, he is a combat veteran of the Vietnam War and 1991’s Desert Storm and a recipient of the Silver Star and two Purple Hearts. He capped his career as Supreme Allied Commander Atlantic and commander of U.S. Atlantic Command — now U.S. Joint Forces Command.

Following his 1997 retirement, Sheehan joined Bechtel International, an international engineering, construction and project management company, as a senior vice president.

Speaking in opposition to the ban will be two people whom the Military lost due to its policy.

Former Air Force Maj. Mike Almy and former Navy Lt. j.g. Jenny Kopfstein both lost their careers over the ban on gays and will testify in favor of repeal.

Almy’s story is particularly compelling because he says he was “outed” by an improper search of his belongings after rotating out of Iraq.

“The search was conducted without ever once consulting with a lawyer,” Almy told MSNBC talk show host Rachel Maddow on March 3. “My private e-mails were forwarded to my commander, who called me into his office and demanded that I give him an explanation. I refused.

“ ‘Don’t ask, don’t tell’ failed me despite the fact that I lived up to the premises of this law and never disclosed my private life,” Almy said. “Never once in my 13-year career did I make a statement to the military that violated ‘don’t ask, don’t tell.’ ”

Kopfstein graduated from the U.S. Naval Academy in 1999 and, during her first deployment as a surface warfare officer aboard the Japan-based cruiser Shiloh, told her commanding officer that she was a lesbian. It was not an effort to get out of the military; as she told the Washington Post in 2005, “I didn’t want to have to lie about myself.”

Her commanding officer requested an investigation but nothing happened for a year, and Kopfstein underwent a second six-month deployment on Shiloh in support of the war in Afghanistan.

According to SLDN, Kopfstein’s discharge board was convened 19 months after her initial admission. Both her former and current commanding officers testified on her behalf, but she lost her commission.

Staff and dancers arrested during police raid on the Atlanta Eagle were found not guilty

Timothy Kincaid

March 15th, 2010

Atlanta EagleOn September 10, 2009, the Atlanta police raided the Atlanta Eagle, a gay bar. They treated the customers like criminals and laughed and made racist and homophobic remarks as patrons lay handcuffed and face down on the floor.

The police were certain that illegal public sex and drugs would be discovered by their raid, thus justifying their heavy-handed approach. But no sex was going on. And although the police searched all of the patrons, they did not find any drugs at all.

So they had to do something. They couldn’t simply acknowledge that their raid was pointless, purposeless, and anti-gay in appearance. Somehow they had to explain why nine undercover officers, a dozen uniformed police, ten squad cars, and three jail vans descended on the 62 patrons enjoying their beer.

A crime, they needed a crime. So they arrested four employee and four dancers for “providing adult entertainment without a permit”. They were dancing in their underwear, you see.

Last Thursday a judge threw that bogus excuse out on its ear. (Journal-Constitution)

An Atlanta judge found three defendants in the Atlanta Eagle gay bar case not guilty Thursday, and the prosecutor agreed to dismiss the charges against the other five defendants.
Related

Municipal Judge Crystal Gaines said city police failed to produce evidence proving that men danced naked without permits or that the bar operators were running an unlicensed adult establishment.

That isn’t to say that they didn’t try. Det. Bennie E. Bridges testified of the evil deeds done that night.

Bridges said that he heard no slurs and that he saw one of the defendants dancing atop the bar “in bikini underwear.”

“He was pulling down the front of his underwear and exposing himself,” Bridges said. “Men would reach up and put money into the waistband.”

But Bridges couldn’t even identify five of the eight arrested, so their charges were dismissed. And after the judge heard testimony from patrons, dancers, and employees that no one was exposed, the judge decided Mr. Bridges’ statements were not enough.

Judge Gaines said the city had to overcome “all these witnesses” and prove beyond a reasonable doubt that nude dancing happened.

“I don’t believe that the city has met that burden,” she said.

This is a blow to the police force. There is a civil suit brought by the patrons of the Eagle against the police, and a conviction of the employees or dancers would have helped with the defense. And no doubt the officers thought at the time that arresting someone – anyone – would be a good idea. “Criminals” have less credibility when it comes to addressing police excesses.

But in this instance they may have done themselves more harm than good. False arrests only serve to turn public opinion against a police force that can then be seen as abusive. And this decision suggests that the word of the officers in this case, or at least that of Bridges, is not completely credible.

But this is not the only way in which the officers are hurting their own public image.

The Atlanta City Council, meanwhile, has agreed to subpoena 18 officers to answer questions about the raid from the Citizen Review Board. So far, only one officer has complied.

That refusal may be due to the lawsuit, but it certainly doesn’t make them look good.

And in the meanwhile, the suit goes forward (pbaonline)

Attorneys say starting Monday, patrons of the Atlanta Eagle present that September night begin giving depositions to the city attorney’s office. Also this week, the legal team plans to request documents, radio transmissions and other records as part of its discovery process.

While last week’s acquittal of the Eagle employees will not have a direct effect on the civil case, Attorney Dan Grossman says it shows the raid was malicious and illegal.

“It was not about sex,” said Grossman. “It was not about underwear dancing. It was cops who simply wanted to search 70 people for drugs, didn’t have a warrant, didn’t have the right to do it, and did it anyway.”

Oh, yeah. I think it’s time to start thinking about a settlement.

Police deliberately destroy lesbian’s military career out of spite

Timothy Kincaid

March 15th, 2010

Sometimes I get so angry that it is hard to type. Now is one of those times.

Sgt. Jene Newsome is a lesbian who played the Military’s don’t ask, don’t tell game. She kept her private life private and did not tell her employer that she’s gay. She did, however, enter a relationship with another woman and married her. And the woman she married had a problem with the law.

And when the police came knocking for her wife, Newsome wasn’t home. (AP)

Newsome was at work at the base at the time and refused to immediately come home and assist the officers in finding her partner, whom she married in Iowa — where gay marriage is legal — in October.

Well, now, wait a minute. They are the police. And in Rapid City that means that all you non-officer scum jump when they yell “frog”. Ya know, to protect a serve and all that.

And since Newsome didn’t jump high enough, they decided that they would choose to destroy her life.
allender

Police officers, who said they spotted the marriage license on the kitchen table through a window of Newsome’s home, alerted the base, police Chief Steve Allender said in a statement sent to the AP.

Newsome was discharged under Don’t Ask, Don’t Tell, Don’t annoy the local police in any way.

Oh, but they have their reasons. Yesirreee.

As you read the following, remember that Newsome’s only crime was “not being cooperative”. That is her only connection to “the case”. She was not involved in the theft, and the Air Force was only tangential.

The license was relevant to the investigation because it showed both the relationship and residency of the two women, he said.

“It’s an emotional issue and it’s unfortunate that Newsome lost her job, but I disagree with the notion that our department might be expected to ignore the license, or not document the license, or withhold it from the Air Force once we did know about it,” Allender said Saturday. “It was a part of the case, part of the report and the Air Force was privileged to the information.”

Now ask yourself if that makes any sense whatsoever. Would a straight couple’s marriage license require “alerting the base” about the sexual orientation of a heterosexual? Or is police Chief Steve Allender just trying to justify an act that is based in the most vile of bigotries, callousness, and abuse of power?

You bet it’s an emotional issue, Mr. Allender. Because you decided to destroy someone’s life. And that makes me emotional.

But I guess you showed us, didn’t you, Mr. Allender. We all better jump next time you say “frog”.

Is the Tea Party movement good for gays?

Timothy Kincaid

March 13th, 2010

tea partyThe gay community tends not to fare well when angry conservative populist movements gain influence; the “common man” tends not to hold the interests of minorities to heart.

So many gay individuals and organizations have viewed the Tea Party movement with suspicion and concern. This reaction seemed to be confirmed by social conservatives pointing to the movement and offering praise. However, the Tea Party movement may prove to be a tremendous boon for the community.

There are several articles today about the movement from several different sources and they all seem to be saying the same thing: not only are the Tea Partiers not social conservatives, they want nothing to do with them.

Patrik Jonsson, writing for the Christian Science Monitor, starts his article this way

Emergence of the grass-roots “tea party” movement as a major force on the American political right is having a quiet but fundamental effect on the Republican tribe: Social conservatives have been voted off the island.

In recent years, fiscal conservatives seem to have taken a back seat to social conservatives in the Republican Party. President Bush, with his drunken sailor spending and moralizing piety was about as far from the fiscal conservative wing as you could get.

The Party had gambled that “the people” weren’t interested in esoteric things like the national debt or a balanced budget and pandered instead to biases against gay marriages and pregnant women. Not that Republicans actually did anything on social conservative issues, but by targeting a voter base that cared little about fiscal responsibility, they managed to answer to no one.

But the Tea Party movement appears to be a backlash, as much against the Republican Party that they feel has betrayed them as against President Obama and the Democrats. And in their efforts to change the focus of the Party, they are refusing to allow social issues to intrude. (New York Times)

Tea Party leaders argue that the country can ill afford the discussion about social issues when it is passing on enormous debts to future generations. But the focus is also strategic: leaders think they can attract independent voters if they stay away from divisive issues.

“We should be creating the biggest tent possible around the economic conservative issue,” said Ryan Hecker, the organizer behind the Contract From America. “I think social issues may matter to particular individuals, but at the end of the day, the movement should be agnostic about it. This is a movement that rose largely because of the Republican Party failing to deliver on being representative of the economic conservative ideology. To include social issues would be beside the point.”

And it appears that the jettisoning of the social conservatives is not merely cosmetic. “Family values” leaders are feeling the bite and are not happy with being booted from the drive’s seat (Politico).

“There’s a libertarian streak in the tea party movement that concerns me as a cultural conservative,” said Bryan Fischer, director of Issue Analysis for Government and Public Policy at the American Family Association. “The tea party movement needs to insist that candidates believe in the sanctity of life and the sanctity of marriage.”

“As far as I can tell [the tea party movement] has a politics that’s irreligious. I can’t see how some of my fellow conservatives identify with it,” said Richard Cizik, who broke with a major evangelical group over his support for government action on climate change, but who remains largely in line with the Christian right on social issues. “The younger Evangelicals who I interact with are largely turned off by the tea party movement — by the incivility, the name-calling, the pathos of politics.”

But what impact will this have on our community? That depends, of course, on whether the movement can maintain its anger and its mission.

If they are effective and are seen as a political force, they could change what it means to be a Republican. If they want to draw in young people worried about their ability to pay a massive and ever increasing public debt, they may strong-arm the Party to drop issues such as abortion and gay marriage from the Party Platform. They may even insist on advancing and supporting gay candidates if they are perceived to be the best on fiscal issues.

It is possible that this movement of “common folk” – which includes more than a few that are complete wackadoodles: birthers, racists, and conspiracy theorists – could ultimately place our nation in a position in which there is one party that supports our rights (at least in theory) and another that “has no opinion” on the matter.

Time will tell us whether this movement – one our community mostly mocks and somewhat fears – will bring about a change in public consciousness on social issues, or whether they will just be another footnote in the history of our nation’s advancement.

VA Gov Issues Non-Reversing “Reversal” on Anti-Discrimination Ban

Jim Burroway

March 11th, 2010

One week after Virginia Attorney General Ken Cuccinelli (R) ordered state universities to drop sexual orientation from their nondiscrimination policies, and nearly a month after Gov. Robert F. McDonnell signed an executive order dropping sexual orientation from the state’s anti-discrimination policies, Gov. McDonnell has now reversed his position, but not his executive order.

Gov. McDonnell’s new directive states:

We will not tolerate discrimination based on sexual orientation or any other basis that’s outlawed under state or federal law or the Constitution, and if it is reported, then I will take action, from reprimand to termination, to make sure that does not occur. I believe this properly takes care of it and assures the good people of Virginia that we will absolutely not have discrimination in this state.”

Gov. McDonnell’s executive order last month dropping sexual orientation from the state’s nondiscrimination policies has the effect of law among state employees, including state universities. But Gov. McDonnell’s new directive does not. It merely states the formal position of the governor himself. This gives the Attorney General all the legal maneuvering room he needs to issue this statement “applauding” the governor’s directive:

“I will remain in contact with the Governor and continue to work with him on issues important to Virginians,” Cuccinelli’s statement continued. “I expect Virginia’s state employees to follow all state and federal anti-discrimination laws and will enforce Virginia’s laws to the fullest extent.”

In other words, Cuccinelli recognizes that the governor’s latest statement does not have the force of law, but merely “sets the tone.” As Delegate Robert G. Marshall (R-Prince William) said, McDonnell’s directive carries no force and is no more than a “press release with fluff around it.”

There is some speculation that this fig leaf was put in place to try to impress the defense giant Northrop Grumman, which is considering moving its headquarters from Los Angeles to the Washington, D.C. area. Maryland, Virginia and the District are actively competing to win the company’s favor. Northrop Grumman enjoys a 100% rating in the Human Rights Campaign’s Corporate Equality Index. Among the many considerations that Northrop is facing is that Maryland’s policies are more in line with the company’s own policies. Says Maryland State Sen. Richard S. Madaleno Jr. (D-Montgomery):

Here in Maryland, we value our gay and lesbian citizens as part of a diverse population that makes the state strong. Virginia is doing the opposite and letting its LGBT citizens — and those considering whether to move and work there — know that they and their families are unwelcome second-class citizens. And they are counting on corporations like yours not to care.

Indeed, while there are efforts in Virginia’s legislature to pass a nonbinding resolution expressing the opinion that Virginia “maintains an ecumenical atmosphere in its sexual orientation hiring policies in the private and public workforce,” that resolution would not have an effect on Virginia’s nondiscrimination law. And even that nonbinding statement, which passed in Virginia’s Senate as part of a package of incentives intended to lure Northrop and other employers, is being stymied in Virginia’s lower House.

“Elaine’s List” of 1,100 officers doesn’t represent today’s Military

Timothy Kincaid

March 9th, 2010

Elaine Donnelly testifying for “Don’t Ask, Don’t Tell”Elaine Donnelly, despite her best efforts, continuously illustrates that the case for keeping openly gay servicemembers from the US Military is based on bias, animus, fear, and irrationality.

Whether she’s being laughed out of Congress for her fears or marauding gangs of lesbians, babbling ineptly opposite Dan Choi on CNN, or claiming that retired Chairman of the Joint Chiefs of Staff General John Shalikashvili called for the repeal of the law because he’d suffered from a stroke, Elaine can always be counted on to make a fool of herself and her cause in ways we never could.

Yet in April 2009 when she came up with her declaration that “1,100 high-ranking retired Flag and General Officers for the Military have personally signed a statement expressing support for the 1993 law stating that homosexuals are not eligible to serve in the military”, I bought it. I figured that Elaine had found a way to link into a network of conservative former military officers who were now free to state their opposition to equality. Considering that military personnel generally are more conservative politically, and considering that those now retiring might reflect somewhat older perspectives, how hard would it be to get a legitimate and relevant list?

And I’m not the only one to assume that her 1,100 officers were representative of some segment of recent members of the Military. John McCain has been waving around this list in the Senate claiming that it represents the views of those who know best. But both McCain and I should have known better. This is Elaine Donnelly, after all.

But Servicemembers United wasn’t fooled; they took a closer look. They’ve not yet gotten through the entire list, but they’ve looked at 200 officers and have issued a preliminary report telling us a bit more about “Elaine’s List.”

So who are these 1,100 Officers?
WWII Memorial
Well, to start with, some of them make John McCain look like a spring chicken. The average age of their sample was 74, with the oldest living signatory being about 99. “Living signatory” you ask? Well, yes. Because at least one of them “signed” the letter after he died and several more are no longer living.

Others have no recollection of being asked about the list, several indignantly stating that they didn’t authorize the use of their name, and some saying that they don’t support the ban on gay servicemembers.

And then there was the scoundrel problem. Some of her glorious officers left service under some not-so-glorious circumstances. While most signatories were honorable, Elaine had no problem including the fellow who gave false testimony to Congress about an anthrax vaccine, the guy who severely threatened relations with Japan, or various other men of poor judgment.

But whether or not her officers are alive, lucid, and of good character, few were qualified to offer an opinion. Most had left the military long before DADT was put in place.

These guys hail from the good ol’ days when ‘darkies’ knew their place, obedient wives met you at the door with a cocktail in hand, whores were discreet, and an open attack on a fellow soldier suspected of being gay was not only socially acceptable but a sign of your own manhood. Although Captain Jim Jefferis never made it high enough in rank to sign Elaine’s List, his postcard from the 1940’s published at Peter LaBarbera’s site gives us an idea of the mindset of a few of these good ol’ boys.

During my enlisted service, homosexuals seemed to be a clumsy lot. They had a tendency to repeatedly fall headfirst down an engineroom ladder. Some were even known to trip on deck and “fall” overboard.

Yes, no doubt. But everything I’ve heard from service men and women today is that they are too busy fighting a complicated war to decide which of their fellow soldiers they were going to murder next. If today’s American soldiers share Jefferis’ appalling lack of character, then we have bigger worries than the Taliban.

So yes, Elaine has done it again. She’s proven again to be a valuable asset to our community. Now that opponents of open service are relying so strongly on Elaine’s List, the exposure of who’s on the list may well drive the nails into DADT’s coffin.

Utah’s second largest city may enact employment and housing protections

Timothy Kincaid

March 9th, 2010

Tonight the West Valley City Council will discuss (and likely pass) employment and housing protections for their gay and lesbian residents. (Salt Lake Tribune)

Freshman Mayor Mike Winder urged the council, during a planning retreat in January, to take up the issue in 2010. On Monday, he said, residents have shared with him their experiences of being “evicted or fired” because of their sexual orientations.

“I’m a proud Republican and a proud American,” Winder said. “When I recite the Pledge of Allegiance and say ‘with liberty and justice for all,’ I mean what I say.”

Winder added that, as a Christian, he also believes in treating others as he would want to be treated. “I certainly wouldn’t want to be fired or lose my house because of my personal lifestyle preferences.”

Let’s hope that Winder continues to listen closely, and is joined by many more Christian Republicans who will listen closely to the words they pledge with their hand over their heart.

CA State GOP Rep Comes Out, Defends Anti-Gay Record

Jim Burroway

March 8th, 2010

CA Rep. Roy AshburnCalifornia State Sen. Roy Ashburn, the conservative Republican who was arrested last week for driving while intoxicated after having left a Sacramento gay bar, came out as gay today on a Bakersfield radio station talk show. Asburn, who has a solidly anti-gay voting record however, continued to defend his record:

“I am gay. Those are the words that have been so difficult for me for so long. It is something that is personal, and I don’t believe I felt with my heart that being gay would affect how I do my job,” Ashburn said.

…Radio talk show host Inga Barks wanted assurances that Ashburn would continue to vote in a conservative manner on LGBT rights issues. Ashburn responded, “I believe firmly that my responsibility is to my constituents. I will take a careful look at each measure and apply that standard. How would they vote on this? How would they want me to vote on this,” adding that most people understood what that means.

Air Force Secretary endorses repealing DADT

Timothy Kincaid

March 4th, 2010

From the Air Force Times

Air Force Secretary Michael Donley said Thursday he supports the repeal of “don’t ask, don’t tell,” putting him at odds with the service’s top uniformed leader.

Chief of Staff Gen. Norton Schwartz has stated that he does not support repealing the ban on gays serving openly in the military, at least not until more research is conducted by the Defense Department. President Obama advocated for the abolition of “don’t ask, don’t tell” in his State of the Union address in January, and Joint Chiefs chairman Adm. Mike Mullen also supports repeal.

Donley publicly laid out his views on the policy for the first time during a Senate Armed Services Committee hearing on Capitol Hill.

“I support the president’s efforts to change the policy and change the law in this area,” Donley said in response to a question from committee chairman Sen. Carl Levin, D-Mich. When Levin asked if Donley personally supported repeal, Donley said yes.

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