Gay Military Groups File Marriage Equality Amicus Briefs With Tenth Circuit Court

Via press release:

The OutServe-Servicemembers Legal Defense Network (OutServe-SLDN) and the American Military Partner Association (AMPA) today jointly filed a friend of the court brief [Amicus Brief] with the U.S. Court of Appeals for the Tenth Circuit in the cases of Kitchen v. Herbert, decided by a federal district court in Utah, and Bishop v. Smith, decided by a federal district court in Oklahoma, arguing that the uneven patchwork of states providing marriage equality harms military families, undermines national security, complicates the payment of earned veterans benefits, and harms veterans. The brief, on which the law firm Chadbourne & Parke serves as counsel, urges the Court to end the discrimination caused by the lack of marriage equality by recognizing a constitutional right for people of the same sex to marry on the same terms as opposite-sex couples.

A three judge panel from the Tenth Circuit Court will hear oral arguments in the Utah and Oklahoma cases in April.

OutServe-SLDN Fires Executive Director

This morning the Bilerico Project broke the news that the board of  OutServe-SLDN has asked for and accepted the resignation of executive director Allyson Robinson. Bil Browning writes:

The organization's entire senior staff quit immediately following the board vote. Director of External Engagement Zeke Stokes, Director of Chapter and Member Services Gary Espinas, and David McKean, Legal and Public Policy Director, have all resigned in protest of Robinson's termination. Most Executive Directors are given at least a year to get their feet wet and get ensconced in their positions. Robinson has only been the head of OutServe/SLDN for approximately nine months.

Chris Geidner has more at Buzzfeed:

The board co-chair, Josh Seefried, has been accused by the board member who resigned in protest, Sue Fulton, of having “rushed this vote through” on Saturday. Seefried, however, would not comment, saying only, “We can’t talk right now. We have some internal issues to deal with first, then will be updating the community.” Asked about the decision, Robinson would only tell BuzzFeed, “It would be inappropriate for me to comment at this time.” It is unclear for how long Robinson will continue to be serving as the executive director. Saturday’s move came at a regularly scheduled board meeting, with no advance notice of the plans to seek Robinson’s resignation and only after the board spent several hours in executive session.

RELATED: OutServe and the Servicemembers Legal Defense Network (SLDN) voted to merge last July following the repeal of DADT.

Marine Corps Orders On-Base Social Clubs To Accept Gay Spouses

Responding to an ongoing controversy at Fort Bragg, the Marine Corps today issued a directive that on-base "spouses clubs" must admit the husbands and wives of gay service members.

It's a step that the other service branches have not yet announced as they grapple with how to accommodate same-sex couples following repeal of the don't ask, don't tell policy that barred gays and lesbians from serving openly. Underscoring the challenges, the Marines' legal advisory — obtained Wednesday by The Associated Press — refers to an ongoing controversy at the Army's Fort Bragg in North Carolina where the officers' spouses club has denied admission to a same-sex spouse.

The Marine Corps commandant's Staff Judge Advocate, in an e-mail to legal offices throughout the corps, said the Fort Bragg events had "caused quite a stir" and cautioned, "We do not want a story like this developing in our backyard." The memo noted that spouses clubs and various other private institutions are allowed to operate on bases only if they adhere to a non-discrimination policy encompassing race, religion, gender, age, disability and national origin. "We would interpret a spouses club's decision to exclude a same-sex spouse as sexual discrimination because the exclusion was based upon the spouse's sex," the memo said.

OutServe-SLDN praised the move via press release:

The Marine Corps guidance issued today is a breakthrough and a clear indication that General Amos meant what he said when he promised Marines would lead the repeal of Don't Ask, Don't Tell. Secretary Panetta should use his authority immediately to bring consistency across the services with regard to this issue and in doing so, a greater measure of equity to gay and lesbian service members and their families.

All Soldiers Scar The Same Way

Today is Veteran's Day.

Trans Woman To Head Gay Military Group

Transgender activist and former Human Rights Campaign staffer Allyson Robinson has been named as the head of the recently merged OutServe-SLDN. Chris Geidner reports at Buzzfeed:

[H]er selection represents a huge breakthrough for a community that has received a level of respect in recent years but still faces overwhelming discrimination and high rates of violence, according to recent surveys by LGBT organizations. Following the repeal of "Don't Ask, Don't Tell," however, she now faces the unusual challenge of persuading activist and donors that, in spite of that victory, the cause still needs their help. "We disentangled America from this legalized discrimination against gay and lesbian servicemembers," Robinson said, acknowledging that the key aim of Servicemembers Legal Defense Network since its founding in 1993 was reached with the September 2011 repeal of the law.The case she will make is the one that SLDN and OutServe, formed in 2010, have been making since the repeal: Troubling issues remain when it comes to LGBT military service. In addition to benefits issues for same-sex couples, open service for transgender people, whose own sense of their gender does not match the sex with which they were born, was not addressed in the repeal of the 1993 ban on open service and remains a reason to be discharged from the military today.

POST DADT: Outserve & SLDN To Merge

Via press release:

The boards of directors of Servicemembers Legal Defense Network (SLDN) and OutServe today announced the intent to combine the two organizations into a single organization by October 2012 with a new name and a newly configured board of directors led by a representative from each existing organization. In the intervening period, the boards and staff of both organizations will focus on unifying the two administratively, financially, and organizationally. "SLDN has enjoyed a close working relationship with OutServe and its leaders from the beginning. Indeed, their voices, though anonymous at the time, were an integral part of the fight to repeal the discriminatory 'Don't Ask, Don't Tell' law. Since repeal, we've worked even more closely together and in doing so, it has become more and more clear that our shared mission - representing actively serving military and veterans, as well as fighting to achieve full LGBT equality in the military - is better accomplished by uniting the two organizations and working together as one on behalf of the brave men and women of our armed forces," said SLDN Board of Directors Co-Chair Mike Magee.

Rep. Adam Smith Introduces House Bill To Change Military's Definition Of "Spouse"

Rep. Adam Smith (D-WA) has introduced a House bill that would change the definition of military spouses. The bill would open military benefits to the husbands and wives of married gay service members. SLDN cheers via press release:

Army Veteran and Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis today applauded the introduction of HR 6046, the Military Spouses Equal Treatment Act of 2012 (MSET) that 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. The changes - including Titles 10, 32, and 38 that are challenged in SLDN's landmark litigation, McLaughlin v. U.S., filed in October 2011 - would ensure that spouses of the same gender are eligible for key military benefits. "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," said Sarvis.

Read the bill here.

Former Joint Chiefs Of Staff Chair To Headline DADT Repeal Celebration

It's a new world.

Freedom To Serve, Freedom To Marry

Clip description:

Gay and lesbian service members risk their lives to protect ours while their families are denied the critical protections of marriage because of the so-called Defense of Marriage Act. This video is part of Freedom to Serve, Freedom to Marry, a new multimedia persuasion campaign to highlight the stories of military families harmed by DOMA. The campaign is a partnership between Freedom to Marry and Servicemembers Legal Defense Network.

Reinstated And It Feels So Good

Servicemembers Legal Defense Network (SLDN) reports today that their client SSgt. Anthony Loverde will be reinstated to the Air Force. Via press release:

Staff Sergeant Anthony Loverde, discharged in 2008 under the discriminatory "Don't Ask, Don't Tell" DADT law, will be reinstated in the U.S. Air Force and will return to active duty. He will take the oath 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. "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," said Loverde. Loverde's reinstatement is the result of a resolution on his behalf in the historic case, Almy v. U.S., filed in 2010, which challenges the constitutionality of the three plaintiffs' discharges under DADT and seeks their reinstatement to active duty.

SOTU Reactions

Servicemembers Legal Defense Network

Tonight, SLDN was pleased to hear President Obama acknowledge the contributions and sacrifices of our service members, including gay and lesbian Americans who wear our nation's uniform. The repeal of 'Don't Ask, Don't Tell' would not have been possible without his vision and determination. And at SLDN, we are encouraged by his announcement of a new initiative to hire veterans, who are coming home to a very difficult job market.

National Gay & Lesbian Task Force

The fact is, the state of the union for LGBT people remains largely one of inequality. In many parts of the country, we can still be fired from or denied employment for simply being who we are, and marriage inequality relegates our families to second-class status. If the president is truly serious about job creation and boosting America's economic well-being, he must provide leadership to pass federal employment protections for LGBT people and end the costly and unjust federal marriage ban. He must also retain the safety net of services that so many people and families depend upon for their survival. Fairness is not a privilege of power and wealth, but a right of humanity. America rises to its best when its people are allowed to rise to theirs. We urge the president to lead the way.

No Labels

President Obama’s endorsement of the 90 day up-or-down vote on nominations is a clear validation of No Labels’ agenda,” said No Labels Co-Founder Bill Galston. “Citizens are frustrated with the endless gridlock in Washington and want to see real reform to the way Congress works. No Labels is looking forward to partnering with the President and congressional supporters from both sides of the aisle to break the logjam on Capitol Hill.” In addition, at tonight’s address, No Labels’ campaign for bipartisan seating led directly to at least 208 members of Congress agreeing to sit together with colleagues from the opposite party.

GOProud

GOProud has long been an ally of the Tea Party movement. Gay and straight Americans a like know that politics as usual have failed us and that the big government policies of Barack Obama and the Democrat Party have been a disaster for this country.Barack Obama used tonight’s State of the Union to stoke the fires of class warfare. It is clear that this President fundamentally doesn’t understand how jobs are created. Instead of taking responsibility for the failures of his Presidency, he has instead decided to double down on his failed policies that will undermine our free market economic system that is responsible for making America the greatest country on the planet. GOProud is committed to making sure Barack Obama is a one-term President.

Americans For Prosperity

President Obama's record is one of wasteful spending, jobs lost, five trillion in new debt piled up, and cronyism that favors political allies. Even the theme of his speech, 'Built to Last' is borrowed from GE, a company with very close ties to the Obama Administration and recipient of billions in bailout dollars. The American people know empty rhetoric when they hear it, which is why this will probably be Obama's last State of the Union address.

Stonewall Democrats

Equality is a value at the heart of our movement and tonight, the President described a blueprint for America that is undeniably pro-equality - everyone should have an equal opportunity to succeed and everyone should pay their fair share. This bold and clear vision for America's future stands in stark contrast to the tired and disproven schemes being peddled by the GOP. From a sensible and fair tax policy to rebuilding America's infrastructure, the President's blueprint for a lasting economy is exactly what our country needs to put millions back to work and make the American Dream a reality for generations to come.

More as they arrive...

Reinstated And It Feels So Good

Just in via press release:

Servicemembers Legal Defense Network (SLDN) and the law firm of Morrison & Foerster today announced that their client, Petty Officer 2nd Class Jase Daniels, discharged in April 2005 and again in March 2007 under the discriminatory “Don’t Ask, Don’t Tell” (DADT) law, has been reinstated in the U.S. Navy and will return to active duty as a linguist. He was sworn in on Monday, December 12, 2011. "Today, I took an oath and affirmed to defend the Constitution of the United States of America. I am humbled as I am reinstated to the job I love and by the enormous support I have received on this momentous day. I look forward to returning to the Defense Language Institute and ultimately, my career in the military,” said Daniels.

AFA's Poll Of The Day

Gay Troops Sue Over DOMA

Today the Servicemembers Legal Defense Network will file a suit against DOMA on behalf of gay active duty soldiers. The lead plaintiffs include Massachusetts Army National Guard Maj. Shannon McLaughlin and her wife, Casey.

Lawyers plan to sue in federal district court in Boston, the same court that ruled last year that the federal Defense of Marriage Act is unconstitutional because it interferes with a state’s right to define marriage. That decision is being appealed in the U.S. Court of Appeals for the 1st Circuit. The 1996 law bars federal recognition of same-sex marriages performed in states that allow them. The suit also challenges provisions of federal code regarding spouses that lawyers said bar gay couples from accessing benefits provided by the Pentagon and the Department of Veterans Affairs. Those benefits include military identification cards, access to bases, recreational programs, spousal support groups and burial rights at national cemeteries.

The above-linked story notes that dozens of DOMA suits are presently working their way through the courts, but a decision by the U.S. Supreme Court is not expected until 2013.

Aubrey Sarvis On DADT Repeal

Servicemembers Legal Defense Network head Aubrey Sarvis gives the president huge credit for the repeal of DADT, but warns of the day when one of our enemies wins back the Oval Office.

"Most of the candidates say they would repeal the repeal. A new president could force the military to change the regulations, and we would go back to a post-Don't Ask, Don't Tell (when gays and lesbian were outright banned from the armed services.)"

Which is precisely why the Log Cabin Republicans are continuing to pursue their court case.

DoD Rules For Post-DADT Military

Servicemembers Legal Defense Network has posted the above post-DADT guide for gay soldiers. Soldiers may attend some gay-related events in uniform, but regulations regarding political activities will, of course, apply to gay soldiers too.

HomoQuotable - Aubrey Sarvis

"Captain Owen Honors was acting more like the president of a frat house rather than the executive officer of the U.S.S. Enterprise. We call upon the Navy to investigate this matter thoroughly. It is very important that the most senior leadership make it absolutely clear that this kind of bad behavior and poor judgment is not only unacceptable, but that there is no place in the Navy for those who engage in this sort of frat house behavior in the workplace." - Aubrey Sarvis, executive director for Servicemembers Legal Defense Network.

SLDN Warns Troops: Don't Come Out (Yet)

The Servicemembers Legal Defense Network has issued a warning that gay troops should not consider coming out just yet. Via press release:

"We need the media’s help to let troops know they remain at risk under the law even after the President signs the bill. The Pentagon just released new guidence that made clear “Don’t Ask” may still be the law for some time to come. We respectfully renew our call for Defense Secretary Robert Gates to use his authority to suspend all ‘Don’t Ask, Don’t Tell’ investigations during this limbo period. Until the President signs the bill, until there is certification, and until the 60-day implementation period is over, no one should be investigated or discharged under this discriminatory law. Certification and the implementation period must be wrapped up no later than the first quarter of 2011. The bottom line: for now, gay, lesbian, and bisexual service members must remain cautiously closeted," said Aubrey Sarvis, Army veteran and executive director for Servicemembers Legal Defense Network.

Read more on this issue of certification and implementation.

DADT Cloture Vote Reactions

GetEQUAL

Wow. After 17 years of living under the discriminatory "Don't Ask, Don't Tell" policy, we're one step closer to repealing the ban on open and honest service for lesbian, gay, and bisexual Americans. Make no mistake -- DADT is not yet repealed. There is still work to do. There is still a long process ahead, but we vow to keep the pressure up until the policy is fully and completely repealed. There are still people -- especially our transgender sisters and brothers -- who are unjustly left behind by this legislation.

Victory Fund

Today I am especially mindful of the brave men and women who have worn the uniform—the ones who lost their jobs to an unjust policy, those who served in silence, and the many active duty and reserve personnel who this year told their superiors that sexual orientation shouldn’t matter in the U.S. military. Everyone who has served to defend our country deserves our profound thanks.

Servicemembers United

"This vote represents an historic step forward for this country, and it will very likely be a life-changing moment for gay and lesbian troops," said Alexander Nicholson, Executive Director of Servicemembers United and a former multi-lingual Army interrogator who was discharged under DADT. "While we still have a long road ahead, including a final passage vote, the certification process, and a yet-to-be-determined implementation period, those who defend our freedom while living in fear for their careers will finally breathe a sigh of relief tonight, and those who have fallen victim to this policy in years past will finally begin to see true closure and redemption on the horizon."

Courage Campaign

Here's the skinny: the Senate vote was the last major legislative obstacle. But even after the President signs this law, no one can serve openly. Certification is first required from the President, Chairman of the Joint Chiefs, and Secretary of Defense. It’s part of a backroom deal cut months ago, and it’s ridiculous. We’ve seen how the Administration has dragged their feet over the past two years on “Don’t Ask, Don’t Tell”. We can’t let that happen again. We have to mount a fight to finish the job, and we need your help.

Servicemembers Legal Defense Network

“Gay, lesbian and bisexual service members posted around the world are standing a little taller today, but they’re still very much at risk because repeal is not final. I respectfully ask Defense Secretary Robert Gates to use his authority to suspend all ‘Don’t Ask, Don’t Tell’ investigations during this interim period. Until the President signs the bill, until there is certification, and until the 60-day Congressional period is over, no one should be investigated or discharged under this discriminatory law. Even with this historic vote, service members must continue to serve in silence until repeal is final. Certification and the 60-day Congressional requirement must be wrapped up no later than the first quarter of 2011. The bottom line: for now, gay, lesbian, and bisexual service members must remain cautiously closeted,” said Aubrey Sarvis, Army veteran and executive director for Servicemembers Legal Defense Network.

National Gay & Lesbian Task Force

"This vote today marks a critical step toward creating a path that could end in lesbian, gay and bisexual people finally being able to serve openly, honestly, and to great benefit of our country. Three-quarters of Americans say ‘Don’t Ask, Don’t Tell’ should be repealed, as do top military leaders. We thank those senators who supported cloture today, and urge the full Senate to pass ‘Don’t Ask, Don’t Tell’ repeal. It’s time to end this costly and discriminatory policy. Until then, the lives and careers of thousands of courageous, qualified and patriotic service members will continue to hang in the balance."

OutServe

OutServe looks forward to the day that repeal of this law is signed by our Commander in Chief and we can all begin to serve openly and honestly. We will remove the cloud that hangs over our gay and lesbian troops and live in a world where constantly worrying about losing everything we work and live for could be in jeopardy will finally end. As we await the implementation of repeal, expected to happen over the next year, OutServe is sensitive to the needs of our active duty troops and will remain a partner in making that transition smooth. There will come a moment when it will finally be completely safe to ‘come out’ and OutServe will be there to support the troops – gay and straight – when that day comes, hopefully soon.

Lambda Legal

"It is time for our country to move forward. An overwhelming majority of the American public supports letting lesbian and gay troops serve openly and with honor. The recent survey of military personnel and their families shows an overwhelming majority - 90 percent - are fine serving alongside a gay or lesbian servicemember. Our military and the security of our country will be strengthened by finally ending "Don't Ask, Don't Tell." "This has been a heroic political battle by LGBT advocates who refused to give up. We congratulate the many lesbian and gay servicemembers who risked or sacrificed their careers to fight for justice; the many LGBT advocacy groups and allies who fought with them; and the members of Congress who voted for justice."

Human Rights Campaign

“Today, America lived up to its highest ideals of freedom and equality. Congress recognized that all men and women have the right to openly serve their country,” said HRC President Joe Solmonese. “Plenty of people had already planned the funeral for this legislation. Today, we pulled out a victory from what was almost certain defeat just a few days ago. We are grateful to President Obama, Majority Leader Reid and Sens. Lieberman, Collins and countless others for their dogged determination to repeal DADT.”

GOProud

Six Republicans joined 57 Democrats and independents in voting to move forward on repeal of the Clinton-era policy. “GOProud is thankful to every Senator, regardless of party affiliation, who voted for repeal,” said Jimmy LaSalvia, GOProud’s Executive Director. “GOProud is particularly thankful and proud of the votes of Senator Scott Brown (R-MA) and Mark Kirk (R-IL). GOProud was the only gay organization who endorsed and supported both Senator Brown and Senator Kirk in their respective elections.” These Senators joined a chorus of conservative foreign policy leaders like former Vice President Dick Cheney, potential 2012 Presidential candidate Rudy Giuliani, former U.N. Ambassador John Bolton, Liz Cheney of Keep America Safe, and Fox News’ Charles Krauthammer in supporting repeal of this failed policy.

People For The American Way

“Don’t Ask, Don’t Tell is an unjust and ineffective policy, and it has burdened our armed services for far too long. For years, the policy’s proponents have put a far-right social agenda ahead of national security and human dignity, brushing aside studies that prove its harmfulness and ignoring polls that show huge majorities opposing it. The Senate’s vote today marks a triumph of common sense over cynicism and brings us one step closer to a day when all qualified, patriotic Americans can serve our country openly and with dignity.”

SLDN Announces Senate Gallery Sit-In

Servicemembers Legal Defense Network will be staging a sit-in of the Senate gallery until the chamber votes on the repeal of DADT. Sen. Joe Liebermann will join SLDN at a press conference today announcing the sit-in.