DOMA, The Challenges Ahead

DOMA, The Challenges Ahead

For the record, President Obama's decision to stop enforcing section 3 of the Defense of Marriage Act (DOMA) in court is a huge deal. What is perhaps an even bigger deal is the rationale behind the Obama decision: he, along with Attorney General Eric Holder, chose to end the court enforcement of section 3 of DOMA because they believe it to be unconstitutional. This administration's decision sets an interesting precedent, should DOMA ever be challenged in court. In the meanwhile, however, Obama has effectively suspended section 3 of the policy by eliminating the only viable means of prosecuting it.
DOMA was enacted in 1996 as a major piece of the big push for the conservative social agenda during the Clinton administration. As a definer of federal marriage law, DOMA attempts to legally end any national campaign for marriage equality by defining marriage as, in section 3, an institution exclusively between a man and a woman.
Over the past year, President Obama has proved himself to be a powerful if lethargic LGBT ally, and what the Obama administration did last week took a lot of political courage. After all, with the upcoming presidential election and an increasingly socially conservative right, many presidents would have simply put it off. However, simply dropping the court defense of DOMA is not enough, as it can still act as a court defense for those who attempt to hinder equality.
President Obama must find the political courage to go further than he has. If he truly believes DOMA to be unconstitutional, then he should challenge it in court, not simply abandon his defense of it.

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Quick Fire News (Don't Ask Don't Tell, Chilean Miners)

Quick Fire News (Don't Ask Don't Tell, Chilean Miners)

Don't Ask Don't Tell
A federal judge who had previously declared the Don't Ask Don't Tell policy unconstitutional has now released a memorandum on the Department of Defense, forcing it to lift the policy that had kept openly gay soldiers from serving in the military since 1993. Attorney General Eric Holder can decide to attempt to challenge the decision or he can allow it to stand. Either way, this is the biggest step towards the total repeal of the policy that has occurred; hopefully, it will give way to either Congress or the Obama Administration taking steps towards the complete dismantling of the policy.
In a midterm year when Democrats are struggling to keep their legislative achievements the focus, a progressive move like this in Congress could act as a way to highlight the stark difference between Democrats and Republicans on social issues. This particular group of Republican candidates for Congressional seats generally share rather radically conservative views on social issues including gay rights and abortion. It is imperative that the Democrats running for Congress do not allow themselves to simply be 'the other option' to Republicans. They need to be running on their legislative triumphs and their comparative moderate positions.

Chilean Miners
In what has become possibly the biggest and most uplifting story about mines in a really long time, all of the 33 miners, with some rescuers still on their way up) have been rescued from the collapsed mine in Chile they had been trapped in for over two months. Their rescue was far ahead of schedule and, according to authorities in Chile, the men appeared in better health than expected. Countless Chileans have been watching live television reports on the rescues across the country, and many more have been camped out at the site of the mine- some since the original collapse. Other than the hopefulness of the situation (the miners' fate was originally considered bleak), the story truly demonstrates the technological advances the world has made in terms of underground equipment. As few as five years ago, there is no way this rescue would have been possible. The miners would, in all likelihood, not have been reached in the first place by message and certainly would not be returning today from their situation in the condition they are in.

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We Shouldn't Have To

We Shouldn't Have To

Tyler Clementi, an eighteen-year old college student in New Jersey, committed suicide last week after being harassed for being gay. Clementi's death follows those of Billy Lucas, age 15, Ashter Brown, 13, and Seth Walsh, also 13, all gay teens who recently committed suicide, purportedly due to constant bullying. Looking back further, Clementi's death has echos of the murder of Matthew Shepard in 1998, which lead to the enactment of hate crime legislation in several states, including the targeted deaths of gay men and women as hate crimes. These deaths are rapidly becoming the rule, not the exception, for gay youths.
Simply put, this is disgusting. The unhappy losses of these young people only further magnifies the central issue when fighting for gay rights in America: there is a culture in the country that tells children there there is something inherently wrong about being gay, something so heinously wrong about it that it's better to kill themselves than to live as gay men and women.
The blockage in the Senate of the repeal of Don't Ask Don't Tell is only another organization telling these children that because they are gay, they are not good enough. Not good enough to serve America, not good enough to get married.
We shouldn't have to tell LGBT youth not to contemplate suicide. We shouldn't have to tell them that they just need to 'hang on' through the harassment until it gets better, or that yes, they are just as important as everyone else. We shouldn't have to read stories or hear commentary about the deaths of gay youths. We shouldn't have to because the harassment shouldn't exist in the first place.
America must allow Clementi's death to do what Shepard's did in the 90s: make progress for the rights of the gay community. If not a change in the laws surrounding gay marriage, it must act as a motivator to finally repeal Don't Ask Don't Tell. It would be irresponsible for the US Senate to look at the influence they can potentially have upon gay youths like Clementi and not pass the retraction of Don't Ask Don't Tell. The change of this policy could, quite literally, save lives- not only in the military, but also at home. It could validate to scores of gay youth their importance to America, and if that is a possibility at all, it is worth it to repeal just for that. Using Clementi's death to repeal Don't Ask Don't Tell would not be politicizing it. It would be possibly saving some other Tyler Clementi out there from committing suicide because he didn't think he was good enough.

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Filibustered!

Filibustered!

It is incomprehensible as to how a legislative body, faced with the necessity of repealing a law that is declared unconstitutional, does not do so. And yet, yesterday Senate Democrats were unable to gather enough support to break a Republican filibuster against a bill that includes a proviso to overturn Don't Ask Don't Tell, the military policy limiting the service of gay soldiers that was recently ruled unconstitutional by a federal judge. Though Democrats courted the support of Maine Republican Susan Collins, who, rhetorically, is in favor of Don't Ask Don't Tell's repeal, Collins did not vote for cloture in the end, along with a handful of Democrats.

However, this legislative battle is unnecessary. Don't Ask Don't Tell was originally created through a presidential edict during the Clinton administration. Therefore, President Obama, as Commander-in-Chief of the military, could simply dissolve the policy. At the very least, President Obama could place a stay on Don't Ask Don't Tell, stopping soldiers from being actively discharged from military service until Congress reaches a policy agreement. President Obama has declared his support for the revocation of the policy, as have a majority of his military advisors, including Secretary of Defense Robert Gates.
President Obama has the means to and the political climate conducive to repealing Don't Ask Don't Tell. Between the military and policial leaders condemning Don't Ask Don't Tell and socially prominent figures, like Lady Gaga, leading an offensive against the policy, President Obama should have no political reason not to repeal the policy.
This fight is not about how Republican- and some conservative Democrat- elected officials feel about gay marriage. It is not about any mislead fears they might have about soldiers spreading "the gay", as Rachel Maddow calls it. It isn't even about public opinion about gay marriage or Don't Ask Don't Tell. This is one of those issues where public opinion shouldn't have much weight. Don't Ask Don't Tell is a fight over the most basic of American principles, equality. It is about one party fighting for equality and the other blocking it. It is not just unequal to bar gay soldiers from service, it is against everything that any fight for equality in America has stood for. 

[photo credit: cnn.com]

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Prop 8

Prop 8

Nearly two years ago, voters in California did the unprecedented: they took away someone's rights for the first time in US history. Proposition 8, put on CA ballots after a judge ruled that the state had to allow same-sex marriages, ended gay marriages in California. Almost immediately, protests and lobbying began from both sides of the issue, including extensive focus from the entertainment world. Very quickly, the Proposition 8 law was challenged in court in Perry v. Schwarzenegger.
The trial was not able to be watched by the American people, as cameras were blocked from the proceedings, and little was known about the in-case testimony except what was leaked out through social networking sites. Judge Vaughn Walker's decision Wednesday overturned Prop 8 and the decision made by California voters, although, due to appeals, will not be enacted imminently.
Basic civil rights- including the rights to marry, to have a family, to serve in the military, or numerous others denied to LGBT citizens- are not something to be awarded to specific groups of people. They are not something that people are allowed. Civil rights are automatic and each and every person in the United States- and in the world, for that matter- deserve them. Ending Prop 8 or even allowing gay marriages nationwide would not end the sort of discrimination that LGBT people face on a daily basis, but it would be a huge step forward. For years, African-Americans, Native Americans, women, and many other minority groups fought for representation, equality, and nonviolence. While even today some of these groups still face certain discriminations, the progress made over the past fifty or so years has been incredible. In another fifty years, it is doubtless that Americans will look back upon the fight for gay rights and discrimination against LGBT people, especially LGBT youth, as a blight upon the national history in the same way segregation and the Jim Crow Laws are.
The violence and taunting that have become dangerously mainstream against LGBT people is only propped up by laws like Proposition 8 that treat gay people as different from everyone else, therefore making it 'okay' to treat them differently, even violently. Treating gay people like this is not any different from beating someone for being black or tall or red-haired or Jewish. Prop 8's arbitrary treatment of LGBT people as unequal to everyone else make it unconstitutional, and it's repeal will be the first step of many towards true equality for all people. 

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Friday Feature: Bullying

Friday Feature: Bullying

How would you feel if you spent six hours of every day in an environment where you could not be yourself, for fear of peer retaliation, an environment where slurs about your sexuality were commonplace, a place where a term for what you identify with was used as a synonym for 'stupid'? Gay students across America feel complete isolation at school every day of their lives. From verbal slurs to threats, these youths are faced by peers who cannot, evidently, control their hate.
Not too long ago, it was other minorities facing such abhorrent discrimination. However, in the cases of African-Americans, Native Americans, and other groups, we seemed to have moved past our former prejudices, generally, and accepted that people are people no matter what they look like or where they come from. A person's a person, no matter how different. And yet, in 2010, we still cannot come to terms with the fact that some people are different from others, that its these differences that make us special and bring us together, not pull us apart. We are unable to accept that 'different' doesn't mean bad, or abnormal. Different just means different, the same way that each and every person on Earth is different from each other. Most importantly, beyond accepting differences or reveling in them, is the idea that, even if you cannot accept that someone is not the same as you are, that it is not appropriate to normalize slurs against them. Still, this is what is happening with gay youths. Incredibly offensive uses of gay slurs are mainstream in middle and high schools, and as young as elementary school, students hear these insults at home and at school.
Just like it would not be right to say that gay students could not participate in school activities, it is not right to bar them from a safe, mentally healthy education. However, by using these discriminatory terms, their peers are doing just that.
Maybe students don't realize how their words affect others. Maybe they truly are prejudiced; maybe they are just ignorant. Regardless of the reason, it is not appropriate for bias against gay people to become normal in schools. Stories about violence against gay teens are not rare. This violence doesn't spring out of a healthy environment. Violence does not occur where student conversation is civil. Violence occurs when slurs are used at homes, which manifests into insults and threats at school. This can mutate into the sort of extreme, irrational hate that causes violence. So while students may think their language is innocent, they do not realize what can be caused.

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Do Repeal [Don't Ask]

Do Repeal [Don't Ask]

Tonight, the Senate Armed Services Committee voted through a provision allowing the Defense Departement to take action to repeal Don't Ask Don't Tell, the ban on openly gay men and women in the military. Both Defense Secretary Robert Gates and President Obama are supportive of repealing the regulation that originated under President Clinton. The vote was 16-12, with Maine Senator Susan Collins the only Republican to vote for the provision.
As the bill continues on to the full Senate and eventually to the House, it is important to keep in mind why it is imperative the ban is lifted in the military. Thousands of American troops have been kicked out of the armed forces through Don't Ask Don't Tell. Just as, earlier in our nation's history, the military faced a major overhaul when it was desegregated, the armed forces must now end this discrimination of gay soldiers and allow all qualified people to serve together in the military. Even if this takes a long and bitter partisan fight, not unlike that of the sixties as segregation of races was called into question, this is a civil rights issue that deserves to be resolved. It is not patriotic to weaken our military by kicking out qualified soldiers, though it is what some politicians would have you believe. The ridiculous rebuttals offered by politicians to those who are attempting to support the administration in repealing Don't Ask Don't Tell only further clarify the necessity for imminent action. One Congressmen expressed concerns that the rule's repeal would result in "overt" sexual behavior in the military. The idea that gay men and women would encourage more "overt" sexual behavior in the armed forces than straight ones would is completely baseless, and relatively hypocritical. The endless stream of alleged and confirmed affairs of Congressmen demonstrates more "overt" sexual behavior than ever is heard of from the military.

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Day of Silence, Night of Policy Change, Still No Equality

Day of Silence, Night of Policy Change, Still No Equality

Late Thursday night, President Obama publicized a new memorandum which extends medical rights to same-sex couples, specifically allowing them hospital visitation even if they are not married. The timing of Obama's announcement couldn't have been more serendipitous; Friday was the Day of Silence, a GLSEN and Gay-Straight Alliance organized event where students across the country stayed completely silent for a day as a show of support for gay rights. The annual event is centered around bullying and harassment in schools of gay students, as well as gay rights issues in general. "I'm not gay, bi, etc," one participating student wrote as way of communication. "I just believe that people should be able to express themselves any way they want to. I see nothing wrong with these people, and believe that they should be able to live normal lives, without all the harassment." "My uncle is gay," another scrawled, "so I'm a huge supporter."
The Obama decision was welcome news to the students, although it is not nearly as sweeping as it should be. America is hardly finished achieving equality, and while the medical policy changes are a fantastic symbolic victory, unequal laws- like civil unions, or in some states, no unions- and unequal treatment- like harassment- still are prevalent. Friday morning, on the heels of the Obama announcement, news came out over the fervor made when a White House official's sexuality was challenged wrongly. The fact that this libelous statement made such a fuss is just a mark of how divided America still is over this basic issue of human rights. 

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Quote 3/25/10

Quote 3/25/10

Anthony Weiner        

"Sooner or later they are going to live in a New York City where gay marriage is not only legal, but it's common and they don't even notice."

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Don't Ask, Don't Tell

Don't Ask, Don't Tell

It is so basically against the American political ideals of honesty and transparency to ask someone who devotes their life to serving our country to lie about who they are from the day they begin to serve. Not only is it morally wrong to force a soldier to lie, even as they take on an oath swearing honesty, but it is detrimental to the armed forces to limit who can serve to people who fit the extraordinarily limited ‘traditional’ definition of who should serve be allowed in the military.

Lt. Dan Choi, who is fluent in Arabic, was discharged from the military for being gay after an appearance on The Rachel Maddow Show where he came out. The skills and experience Choi brought to the armed forces were vital, and without loyal, patriotic, and talented people like Choi, our military will crumble.

The Don’t Ask, Don’t Tell policy made some sense in the early nineties, when the social climate in America was decisively anti-homosexual, and the military is, in general, more conservative in its policies than mainstream America. However, although it may not be true for everyone, America is becoming more tolerant and accepting. It is time to change an old policy that weakens our military, divides our troops, and causes our soldiers to lie.

Regardless of how you feel about gay rights, it is not good for the military to lose qualified service members because of social differences. 

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Gay Rights in Africa

Gay Rights in Africa

Photo from NYTimes.com      

The New York Times reported Sunday that a homosexual couple in Malawi had been arrested for, quite simply, ‘being gay,’ which is illegal in the African nation. The couple, both men, although one is transgender, had recently been engaged and featured in a newspaper; whose report is presumably what raised concerns in the Malawi government. Officials in Malawi decried homosexuality as “immoral” and blamed ‘the west’ for bringing it to their nation. This particular arrest, along with a few other pubic instances of gay activism that were strictly handled, has set Malawi against the modernized community, but Malawi is just becoming more anti-homosexual.

Homosexuals, and transgenders in particular, have always been targets of violence, legal discrimination, and political discrimination- during the Holocaust, for instance, homosexuals were one group persecuted by the Nazis, along with the Jewish community and gypsies, among others. In many countries, they are treated as second-class citizens- or not even seen as citizens at all. In Uganda, as the article points out, homosexuality may soon be punishable by death.

A nation can no more illegalize ‘being gay’ than they can ‘being black’ or ‘being tall’. Until Malawi and other countries around the world realize this, many people will have to live in secret and lie about who they are, keeping gay rights from being an issue in the national conversation, and, therefore, leaving the law unchanged.

The arrest of the young couple brought to light a serious issue of discrimination in a place where issues like these are rarely, if ever confronted. Adding the atrocity of this legal prejudice to the national conversation may give Malawi a chance to change their policies and, eventually, change the national disposition towards issues of gay rights. If nations like Malawi ever hope to be considered a part of the modern community, their governments must be able to legislatively and personally let go of old prejudices and allow all people to have equal rights. 

The US still has a long way to go before it can be claimed that everyone has equal rights under the law, but with the first legal challenge to California’s controversial Proposition 8 underway and top military leaders calling for a change in the ‘Don’t Ask, Don’t Tell’ policy, America is headed in the right direction. 

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Quote 2/15/10

Quote 2/15/10

Rachel Maddow 

"We don't really treat gay issues differently than other issues ... I can't do the show as a non-gay person. I don't have that option."

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Quote 1/28/10

Quote 1/28/10

Dan Choi

"America can't afford to allow [Don't ask, Don't tell] to continue one day longer."

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