Box Turtle Bulletin

Senate Asks Obama for Guidance on DADT

During his election campaign, President Obama committed to ending the military’s ban on openly gay servicemen. Since election, however, he has be reticent to champion this effort, at times appearing to favor inaction.

However, it is becoming rapidly apparent that if Obama is not embarrassed by the continuation of the policy, he’s about the only one who isn’t. Following closely on the heels of an opinion essay in the magazine of the Joint Chiefs of Staff, the Senate leadership seems to have finally decided that the time is right to begin the process.

Senate Majority Leader Harry Reid (D – Nevada) has now officially invited the President to weigh in on changing the policy. (A/P)

the Nevada Democrat is asking President Barack Obama and Defense Secretary Robert Gates to share their views and recommendations on the controversial policy.

In Sept. 24 letters to Obama and Gates, Reid also asked for a review of the cases of two U.S. officers who were discharged from the military because of their sexuality.

“At a time when we are fighting two wars, I do not believe we can afford to discharge any qualified individual who is willing to serve our country,” Reid wrote in identical letters to Obama and Gates that were obtained Friday by The Associated Press.

When others have appealed to the President to be proactive, he has dismissed his involvement saying that this is an issue for Congress. It will be interesting to see his response now that Congress has officially invited his input.

Joint Chiefs Magazine: End DADT

The Joint Force Quarterly is he Joint Chiefs chairman\’s “flagship joint military and security studies journal.” It is full of informative articles such as “Measure, Manage, Win: The Case for Operational Energy Metrics” and “Radar versus Stealth: Passive Radar and the Future of U.S. Military Power.”

But the Quarter Four 2009 issue also prints the winning essays of the Secretary of Defense National Security Essay Competition. Various military educators associated with the National Defense University judge essays presented and this year’s winner is Col. Om Prakash, USAF, National War College, for his article The Efficacy of ‘Don’t Ask, Don’t Tell (pdf).

Col. Prakash is not much impressed with the current policy. The Navy Times synopsizes his essay as follows:

“It is not time for the administration to reexamine the issue; rather, it is time for the administration to examine how to implement the repeal of the ban,” Prakash argues.

He bases that conclusion on several factors:

• The loss of some 12,500 personnel due to the “don\’t ask, don\’t tell” law since its implementation in 1994, and resulting financial impact and loss of skills.

• His conclusion that open service by gays would not degrade social cohesion.

• Polls of the general public that increasingly show acceptance of the concept.

• The difficulties commanders face in enforcing the ban.

• The fact that, by some estimates, about 65,000 gays now serve in the U.S. military.

The Times also notes

On Capitol Hill, a bill in the House, sponsored by Rep. Patrick Murphy, D-Pa., calls for outright repeal. The chairman of the Senate Armed Services Committee, Sen. Carl Levin, D-Mich., has promised to hold the committee\’s first hearing on the issue in 16 years sometime this fall.

So we all have more comedy to look forward to from Elaine Donnelly.

Air Force Pilot Outed By False Criminal Accusation

Air Force Lt. Col Victor Fehrenbach has made the rounds on radio and television ever since he came forward with the news that the Air Force was trying to discharge him under “Don’t Ask, Don’t Tell.” He even scored a meeting at the White House during the much-derided LGBT Cocktail Party to mark the 40th anniversary of the Stonewall Rebellion in June. What hasn’t been told was how Lt. Col Fehrenbach got caught in the DADT crosshairs to begin with:

Fehrenbach confronted a crisis in a very different setting. A Boise police detective sat across a conference table questioning him about an alleged crime.

Fehrenbach, stationed at Mountain Home Air Force Base, was in a Catch-22. To clear himself of the claim he’d raped a man, Fehrenbach could tell police his side of the story. But admitting he’d had consensual sex could get him kicked out of the Air Force he loved after 18 years.

Fehrenbach asked Detective Mark Vucinich whether his employer had a right to see his statement. Yes, replied Vucinich.

Fehrenbach then told the detective he had sex with Cameron Shaner on May 12, 2008. He’d met Shaner, 30, on a gay Web site and invited him to his southeast Boise home.

Police and Air Foce investigations found no evidence that Lt. Col. Fehrenbach committed any crime. But Shaner, a discharged Army Veteran with a 100 percent service-connected disability for post-traumatic stress disorder and skeletal injuries, pressed the Air Force to begin discharge proceedings against Fehrenbach — all because of a false allegation:

Because of the criminal allegation, Victor confirmed the fact he was gay,” said Emily Hecht, a lawyer for the Servicemembers Legal Defense Fund. “That’s all the Air Force needed. Had his accuser been a woman, he’d have gone back to work with no further issue.”

The unique circumstances behind Fehrenbach’s case has caught the attention of Defense Secretary Bill Robert Gates and Air Force Secretary Michael Donley, who has the final call on whether Fehrenbach will be dismissed. He is currently still on active duty at Mountain Home Air Force Base near Boise, Idaho.

Bill Clinton Talks About His Role On DADT and DOMA

Former president Bill Clinton spoke yesterday as the keynote speaker at the Netroots Nation conference in Pittsburgh. His speech was interrupted by a question from LGBT activist Lane Hudson, asking Clinton about “Don’t Ask, Don’t Tell” and the Defense of Marriage Act.

Clinton was definitely put off about being interrupted, but when he finally got around to answering the question, Clinton pointed out that DADT passed Congress by a veto-proof majority in both houses, the result, he said, of inadequate LGBT lobbying in Congress at the time. I think he’s right on this one. He has gotten the blame for DADT’s passage, when it actually came about by a Democratically-controlled Congress acting to block his initiative to allow gays to serve in the military. And indeed, DADT did pass with a veto-proof majority, which removed his role in the matter.

But that doesn’t hold true for DOMA. Clinton says that he “didn’t like signing DOMA,” but did so to head off “a very reactionary Congress” which, he said, was set to pass a constitutional amendment. But he didn’t address why his 1996 presidential campaign purchased advertising on Christian and right wing radio bragging signing DOMA into law as proof of his “pro-family” credentials.

Update: Lane Hudson posted on Firedog Lake about why he interrupted Clinton’s speech:

I love Bill Clinton, but we all make mistakes. Sometimes we even are forced to do things we don\’t want to. That\’s why I was prepared to ask Bill Clinton a tough question last night as he delivered the opening keynote address at Netroots Nation 2009.

But it became clear there would be no questions. As I sat in the audience thinking about how Netroots Nation is about celebrating the most open forum of discussion ever to exist, it occurred to me that we were nothing more than a captive audience being talked to. One way communication was NOT what we were there to celebrate and advance.

Lane is certainly right about one thing: It’s pretty dumb to expect bloggers to sit down, shut up, and just listen. It’s even dumber when that same message comes from fellow bloggers and activists:

The immediate response shocked me at the time and still does. Those surrounding me yelled at me, booed, and told me to sit down. One elderly lady even told me to leave. While I was among the supposed most progressive audience in the country, they sought to silence someone asking a former President to speak out on behalf of repealing two laws that TOOK AWAY RIGHTS OF A MINORITY. I was shocked.

What was that expression about comforting the afflicted and afflicting the comfortable?

Click here to see a partial transcript of Pres. Clinton’s remarks

Gays In the Military: UK Armed Forces Lead By Example

Trooper James Wharton on the cover of Soldier Magazine

This month’s cover of Soldier magazine, an official British Army publication, shows Trooper James Wharton with his Iraq medal, with the word “Pride” highlighted. This is the first time in the magazine’s history that an openly gay service member has been featured on the cover. While the debate over “Don’t Ask, Don’t Tell” continues to rage in the U.S., the British are showing us how it’s done:

Restricted guidance signed by the chiefs of staff and sent to commanding officers gave answers to a long list of possible queries such as: “How should I protect young people in the Service from predatory homosexuals?” (the response: “It would be wrong to assume homosexuals were predatory”) and, “Will homosexuals be able to bring their partners [to mess functions]?” (the response: “It will be for the Mess President to exercise discretion”).

“The thought of two men dancing at a mess function was more than some people could cope with,” explained one officer. “They thought they would get raped in their beds.”

But the predictions proved wrong and the military entered its brave new world with surprising ease. A confidential review two years later across all three services found that most officers and junior ranks, particularly among the younger ones, had accepted the lifting of the ban without much comment. It was only amongst the older Senior Non-Commissioned and Warrant Officers that it had met significant resistance.

According to The Independent, senior US officers are quietly holding talks with their British counterparts to learn some valuable lessons in preparation for the day when gays and lesbians can serve openly in the US military.

Sen. Reid Supports Overturning DADT

NY Times

“We\’re having trouble getting people into the military,” [Senate Manority Leader Harry] Reid told reporters when questioned about whether he could support an 18-month moratorium on enforcing a prohibition on gays in the armed forces. “And I think that we shouldn\’t turn down anybody that\’s willing to fight for our country, certainly based on sexual orientation.”

Mr. Reid said he would go the proposal, being considered by Senator Kirsten Gillibrand, Democrat of New York, one better and support a permanent repeal of the ban.

DADT to be Put on Hold by Senate?

Jason Bellini is reporting: (Daily Beast)

New York Senator Kirsten Gillibrand is considering bringing the battle over “Don’t Ask, Don’t Tell” to the Senate this week, by introducing an amendment that would put an 18-month moratorium on the discharge of gays serving in the military

While I favor a full reversal of all institutionalized discrimination against gay citizens and taxpayers, such a process may not be a bad idea. It would allow the administration to demonstrate that removing anti-gay policies did not result in chaos or in loss of troop morale.

DADT’s Repeal Has A New Quarterback

Iraq War Veteran and former West Point Military Academy professor Rep. Patrick Murphy (D-PA) says that now is the time for Congress to repeal “Don’t Ask, Don’t Tell.”

A “Don’t Ask, Don’t Tell” Compromise

The Onion has the details.

Did DADT Kill August Provost?

Seaman August Provost, in a photo posted to his Myspace page.

Questions remain over the murder of Seaman August Provost who was shot wile standing sentry duty sometime overnight Tuesday at Camp Pendleton Marince Corp Base. His body was found at the end of his shift at around 3:30 a.m. Wednesday morning. It had been burned in an apparent attempt to conceal evidence.

Hus aunt, Rose Roy, of Beaumont, Texas, told CNN on Friday that Provost told her that he was being arassed because of his sexual orientation and race:

He was frustrated by it,” she said. She said she had advised him to speak to someone of higher rank, but said she wasn’t sure if he had done so.

“He went to serve and protect, but he didn’t get the protection,” she said. Brown said Thursday that he had no information on claims of harassment.

Asked whether she believed her nephew was killed because of race and sexual orientation, she said, “In my heart, I do.” She added, “it was like an execution-style killing, and nobody does that unless you have that kind of hatred in your heart.”

It’s unclear that Provost reported the harassment to higher-ups. Doing so would have revealed his sexual orientation to his superiors, which may trigger an investigation under “Don’t Ask, Don’t Tell.” Such an investigation would then have led to Provost’s dismissal from the Navy.

Rep. Bob Filner (D-Chula Vista) has already asked the Department of Defense and the Marine Corps to investigate whether the killing at Camp Pendleton was a hate crime. So far, the Navy, which is leading the investigation, says they have no evidence that Provost’s murder was a hate crime. The Navy has one sailor in custody who “has been linked to the commission of this crime through both physical evidence and his own statement,” according to Navy spokesman Capt. Matt Brown.

A candlelight vigil is planned to honor Provost in front of Camp Pendleton this Friday, July 10 from 7:30 to 9:00 p.m.

Joint Chiefs Chair: Repealing DADT Would Impact “Our People And Their Families”

Now this is getting ridiculous. First, we had former Secretary of State Colin Powell say that repealing “Don’t Ask, Don’t Tell” would result in “lots of complicated issues” without mentioning what those complicated issues might be. Now we have Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, tell CNN that repealing the ban on gays serving in the military would somehow affect their families as well:

“I haven’t done any kind of extensive review. And what I feel most obligated about is to make sure I tell the president, you know, my — give the president my best advice, should this law change, on the impact on our people and their families at these very challenging times,” he said.

What, are we showering with their families now? I had no idea I was such a threat whenever I shower at the gym. My powers truly know no bounds.

Colin Powell Calls for Review of DADT, But Not Its Repeal

Former Secretary of State Colin Powell said this morning that the “Don’t Ask Don’t Tell” policy he helped create should be revisited. He refused to call for its repeal however:

I was withholding judgment because the commanders of the armed forces of the United States and the Joint Chiefs of Staff need to study it and make recommendations to the president, and have hearings before the Congress before a decision is made,” he added. “It is not just a matter of old generals who, you know, are just too high-bound. There are lots of complicated issues with respect to this, and I think all of those issues should be illuminated.

Does anyone have any idea what those “complicated issues” might be? Does anyone think that having gays and lesbians serve in the military is at all complicated? I mean, after all, they exist everywhere else in civilian life, and they are increasingly serving in the military with the full knowledge of their fellow soldiers, sailors and airmen. So what are they afraid of?

Log Cabin’s Fight Against DADT Goes Forward

In a split ruling, a federal court determined that Log Cabin Republicans could proceed with their lawsuit challenging the Don’t Ask Don’t Tell law. (pdf, 24 pages)

On June 9, 2009, Judge Virginia A. Phillips of the Central District of California denied the U.S. Government’s attempt to dismiss Log Cabin Republicans’ lawsuit challenging the U.S. military’s ‘Don’t Ask, Don’t Tell’ policy as unconstitutional.

After a 4 1/2 year process, this case is moving forward.

The Court has scheduled a hearing for July 6 to discuss, in detail, the scope of discovery and a schedule for the case going forward.

HR 1283 Gets New Sponsor

The bill introduced in Congress to remove the ban on open service in the military, HR 1283, the Military Readiness Enhancement Act was sponsored by Rep. Ellen Tauscher. However, Rep. Tauscher was confirmed on June 25 as the Undersecretary of State for Arms Control and International Security.

The Morning Call is reporting that upon her resignation, the bill was assigned to Iraq vet Patrick Murphy. You may recall that Murphy skewered Elaine Donnelly’s anti-gay rantings in Congressional testimony.

Murphy is likely to be an ardent advocate for overturning DADT and the underlying ban. I hope that he will take prompt action on this bill but it appears that he does not anticipate rapid passage.

He said he anticipates a drawn-out battle to rally enough support to bring the bill to the floor. The legislation, first introduced in 2005, has never made it out of committee.

“This is going to take months and months, but change is going to happen,” he said.

DoD: Looking for Flexibility in DADT

The American Forces Press Service is reporting that the President and Defense Secretary Gates are looking for ways to find flexibility in the Don’t Ask – Don’t Tell law that bans openly gay servicemembers. (transcript)

“What we have is a law, not a policy or regulation,” Gates said. “And as I discovered when I got into it, it is a very prescriptive law. It doesn\’t leave a lot to the imagination or a lot of flexibility. So one of the things we are looking at is, Is there flexibility in how we apply this law?”

Gates cited the example of someone who\’s been “outed by a third party,” possibly the result of blackmail or a jilting.

“Does that force us to take an action?” he questioned. “I don\’t know the answer to that. I don\’t want to pretend to. But that is the kind of thing we are looking at.”

It sounds as though the community’s very vocal and visible disgust with the administration may be beginning to give impetus to some action. If nothing else (and it is a bare minimum) the administration may be acting on the demands of 77 members of Congress who wrote a letter insisting that the military honor the “Don’t Pursue” part of the law and that witch hunts not be initiated based on “tip”, slurs, and insinuations from people outside of the military.

And if there’s one more thing the President can do, it is this:

1. Pick up the telephone and call Rep. Ellen Tauscher Rep. Patrick Murphy. Tell her him you’ll support HR1283, the Military Readiness Enhancement Act and that he should move forward.

2. Call a meeting with Rep. Taucher Murphy, Senate Majority Leader Reid, and Speaker of the House Pelosi and tell them that it’s time to pass this bill.

3. Announce in a press conference that you’ve heard the will of the people, Democrat and Republican, Liberal and Conservative, all of whom support overturning the ban. Use language about discrimination and the best interest of the military. Tell the stories of the men and women who were linguists and medical personnel who were sorely needed but sacrificed to bigotry.

Come to think of it, if you go that route you don’t have to worry about flexibility at all.

(hat tip Stefano)

Update: The lead on this bill has been assigned to Rep. Patrick Murphy