Tag: DADT

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Gay Navy Officer wins discharge hearing

Petty Officer Derek Morado today won his discharge hearing with the Navy after being told he faced ejection due to a MySpace photograph that was turned in anonymously. In the photo, Morado is seen kissing another man. Morado’s lawyer told KMPH News that even though DADT has been repealed, that doesn’t mean the military’s investigations are over.

From Get Equal: This is good news for a few reasons — it shows the power of grassroots efforts to apply pressure and the reality that, when we expose the truth and stand up for our dignity, we win. We don’t know how many other servicemembers are facing discharge, but we will not rest until all Americans — LGB and T — are free to serve their country freely, openly, honestly, and without danger of discharge.

Today was a victory, and we’re grateful to Derek for lending his story and his voice to highlight the fact that servicemembers are still facing the discharge process, even 100 days after the law was repealed. We’re also grateful to our friends at AMERICAblog Gay, who partnered with us to send Derek into the courtroom with the names of thousands of supporters who were unwilling to let this happen without pushing back.

The Navy’s panel voted 3-0 in favor of Morado’s retention.

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DADT: “Top Ten Things Soldiers Need to Know”

The Army has posted on the army website a list of “Top Ten Things Soldiers Need To Know” about the repeal of DADT:

1. Accessions & Separations Policies: Upon repeal, the Army will no longer separate Soldiers solely on the basis of homosexual acts, a statement that a Soldier is gay, lesbian or bisexual, or marriage to a person of the same sex. Statements about sexual orientation or lawful acts of gay and lesbian conduct will not be a bar to military service or admission to any accession program. Sexual orientation will continue to be a personal and private matter.

2. Standards of Conduct Apply Equally to Everyone: All Soldiers will be held to the same standard of conduct. All members are responsible for upholding and maintaining high standards of the U.S. Military at all times and in all places.

3. Personal Privacy: Commanders may not establish practices that physically segregate Soldiers according to sexual orientation. Commanders do have the discretion to alter billeting assignments to accommodate privacy concerns of individuals on a case-by-case basis where it is in the interest of maintaining morale, good order and discipline, and is consistent with performance of the mission.

4. Moral and Religious Concerns: There will be no changes regarding any Soldier’s free exercise of religious beliefs, nor are there any changes to policies concerning the Chaplain Corps and its duties. The Chaplain Corps’ First Amendment freedoms and its duty to care for all will not change. Soldiers will continue to respect and serve with others who may hold different views and beliefs.

5. Benefits: There will be no changes to eligibility standards for military benefits and services. The Defense of Marriage Act prohibits the Federal Government from recognizing any same-sex marriage, so same sex partners do not qualify as dependents for many military benefits and services. A same-sex partner should be treated the same as an unrelated third party (e.g. girlfriend, boyfriend). All Soldiers will continue to have various benefits for which they may designate any beneficiary regardless of relationship.

6. Equal Opportunity: Sexual orientation will not be placed alongside race, color, religion, sex and national origin as a class under the Military Equal Opportunity Program and therefore will not be dealt with through the MEO complaint process. All Soldiers, regardless of sexual orientation are entitled to an environment free from personal, social, or institutional barriers that prevent Soldiers from rising to the highest level of responsibility possible. Harassment or abuse of any kind, including that based on sexual orientation, is unacceptable and will be dealt with through command or inspector general channels.

7. Duty Assignments: There are no changes to assignment policy. All Soldiers will continue to be eligible for world-wide assignment without consideration of sexual orientation. Soldiers assigned to duty, or otherwise serving, in countries in which gay and lesbian conduct is prohibited will abide by the guidance provided to them by their local commanders.

8. Medical Policy: There are no changes to existing medical policies.

9. Release and Service Commitments: There will be no new policy to allow for release from service commitments for Soldiers opposed to repeal of DADT or to serving with gay or lesbian Soldiers.

10. Collection and Retention of Sexual Orientation Data: Sexual orientation is a personal and private matter. Commanders will not request, collect, or maintain information about the sexual orientation of Soldiers.

Note: in regard to spouses of same-sex couples,  same-sex partners will be treated the same as an unrelated third party (e.g. girlfriend, boyfriend) due to the continued enforcement of DOMA.  So same-sex spouses will not be eligible for any benefits or services currently enjoyed by opposite-sex spouses.

Training is scheduled to being in early March 2011.

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DADT Repeal steps issued by the Pentagon

DADT repeal

With efforts focused on education, policy, training and communication, the Pentagon released it’s plan to implement the repeal of DADT. Military service secretaries have until March 1st to issue their first update on progress.

From the Washington Blade: The plan breaks down the path for “Don’t Ask, Don’t Tell” repeal into four stages: pre-repeal, certification, implementation and sustainment. In the pre-repeal phase, activities include Tier 1 and Tier 2 level training of military leadership and reporting to Obama administration officials on the progress of implementation. For example, the undersecretary of defense for personnel and readiness must have a monthly meeting and report to the defense secretary and the chair of the Joint Chiefs of Staff on the status of repeal. To reach the certification phase, the Repeal Implementation Team must provide appropriate documentation to the defense secretary and chair of the Joint Chiefs of Staff and provide their recommendation to the president.

The actual repeal won’t occur until the President, Defense Secretary and chairman of the Joint Chief of Staff certify military readiness. There will then be a 60 day waiting period before the law is legally declared null and void. Step by step, it’s progress.

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Progress on DADT Repeal

In a memo released Friday, the Pentagon outlined plans for the steps being taken to repeal DADT, and it seems to be moving in a fairly decent pace.

Reports say high level Pentagon officials are meeting every two weeks to gauge progress and potential problems. “The conditions on the ground would dictate how fast we go,” Stanley said at the Pentagon briefing. “To even imply that we have a target to do it by this date would be a misnomer. In essence we are going to move responsibly, quickly but deliberately as we go through the process.” Training will be extensive and the changes will take place at the same time in all branches of the military, according to Defense Sec. Gates.

However, full equality will be hampered by conflicting laws still on the books. Due to the Defense of Marriage Act, the military is forbidden to extend many of the same benefits other married couples have available to same sex couples, such as housing allowances, medical care, travel and other privileges.

This is just one more good reason to abolish DOMA as it creates inequality for many of our men and women in the armed forces. If you can put your life on the line for your country, you should have the same rights and privileges as all soldiers. If marriage, as many argue, is a “state’s rights” issue, then the Federal government shouldn’t have laws on the books like DOMA that have a Federal reach.

The Pentagon has said it’s possible all military privileges could be extended to same sex couples in the future. We’ll have to keep an eye out for news on that.

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Message from the Marines Commandant to all Marines regarding DADT

OK, so I’ll admit this gave me a lump in my throat. Just to hear the message of tolerance and respect from General James F. Amos, Commandant of the Marine Corps, and Sgt. Maj. Carlton W. Kent, Sergeant Major of the Marine Corps is pretty inspiring. This is a military we can all be proud of.