DADT's End Sparks Celebrations, Underscores Remaining Disparities

The official repeal of "Don't Ask, Don't Tell," the 18-year-old law that kept gay and lesbian patriots out of the Armed Forces unless they were willing to keep their sexuality a closely guarded secret, is scheduled to take effect Sept. 20.

"Tomorrow is a historic day for gay and lesbian service members and our nation as a whole," said the head of the Human Right Campaign, Joe Solmonese, in a Sept. 19 media release.

" 'Don't Ask, Don't Tell' was a stain on our nation -- not only did it damage our military readiness and national security, but it sent a message that discrimination based upon sexual orientation was acceptable," Solmonese continued. "We know that not to be the case -- discrimination accomplishes nothing and tears at the fabric of our country's strength.

"Beginning tomorrow, gay and lesbian service members previously discharged under DADT will have the opportunity to re-enlist," Solmonese noted. "Gay and lesbian Americans eager to serve the country but not willing to compromise who they are as individuals will, for the first time ever, be able to openly join. And brave men and women currently serving will have the freedom to come out and be honest with their comrades about who they are and who they love."

The anti-gay law served to keep highly qualified gay and lesbian servicemembers in the closet for fear of being separated from the service if their true sexuality was discovered. Despite the name by which it was popularly known, "Don't Ask, Don't Tell" could mean the end of a military career if a servicemember seeking to stay concealed as a gay or lesbian solider was outed by others, even when talent, hard work, exemplary conduct, and courage under fire led to commendations and stellar service records.

Previously closeted gay and lesbian troops are planning to come out publicly to mark the end of the anti-gay law. The co-founder and co-director of GLBT servicemember support group OutServe, JD Smith, is one such officer. The name JD Smith is a pseudonym, assumed to protect an Air Force officer who, according to a Sept. 19 media release, "graduated from the U.S. Air Force Academy several years ago in a top cadet leadership position."

Smith has been an outspoken advocate of repeal, despite the danger his advocacy has posed to his career. On Sept. 20, at the presidential signing of the repeal, Smith will publicly emerge from the closet for the first time.

Even as the repeal of DADT was being hailed as a major milestone for GLBT Americans as a whole, equality advocates pointed out glaring inequalities that affect gay citizens in everyday life, including the Defense of Marriage Act, the 1996 law that denies same-sex couples marriage recognition on the federal level, leaving them liable for higher tax bills while at the same time making them ineligible for Social Security and other government benefits that heterosexual families are able to access.

To draw attention to those remaining disparities, equality advocacy group GetEQUAL announced an event dubbed the "Day of Discontent," timed for Sept. 20, the same day as repeal.

"In more than a dozen cities across the country, local groups will stage rallies, protests and community meetings to call attention to the need for full federal equality for LGBT Americans on the same day the long-awaited repeal of the military's 'Don't Ask, Don't Tell' policy takes effect," a Sept. 19 media release from the group said.

"Spanning from Norfolk, Virginia to Huntsville, Texas to Moscow, Idaho, the national 'Day of Discontent' features over a dozen individual actions across the country, designed to serve as a reminder that the LGBT community is not equal in the eyes of the federal government and in most state laws," the release added. "Each group will gather to urge their locally-elected officials to take the fight for full equality far beyond the repeal of 'Don't Ask, Don't Tell.' "

"It has taken 17 years of hard work to remove this discriminatory policy, and still our community faces discrimination and intolerance on a daily basis that this one important victory won't fix," Robin McGehee, the group's director, said.

"Tomorrow's collaborative effort by LGBT organizers across this nation will show lawmakers that we will not be content until we have full federal equality in all matters governed by civil law," McGhee added. "We cannot and will not accept anything less -- for ourselves, our families and our communities."

The group's planned "Day of Discontent" drew coverage from the Huffington Post on Sept. 19.

"The events will take place in conservative bastions such as Jackson, Miss., Norfolk, Va., Huntsville, Texas, and Moscow, Idaho, and coincide with repeal parties held by other advocacy groups in all 50 states," the Huffington Post reported.

"The protests and rallies are meant to be the next chapter," Heather Cronk, who acts as GetEQUAL's managing director, told the Huffington Post. The group chose cities in conservative areas as a way of underscoring how the repeal of DADT will mean little to civilians, especially those who live in such areas, the article reported. Cronk also said that one rally is planned for Laramie, Wyoming, the city outside of which Matthew Shepard was severely beaten and left to die.

The federal government's sole law extending protection to GLBT Americans is a hate crime law named after Matthew Shepard.

Equal Service, But Not Equal Rights... Yet

The HRC's Solmonese also noted that glaring discrepancies in the rights and privileges of gays individuals and families as contrasted with heterosexuals remain in force.

"Despite this progress, much work remains to ensure full equality in the military," Solmonese said. "The so-called Defense of Marriage Act will prohibit gay and lesbian service members and their spouses from receiving many of the benefits their straight counterparts receive. Limiting regulations also affect areas like military family housing, access to legal services, and spousal relocation support.

"We also are continuing to deal with an infrastructure ill-prepared to handle incidents of discrimination and harassment against gay and lesbian service members," Solmonese went on to note. "It is incumbent upon fair-minded legislators to continue pushing equality forward by standing up to discriminatory legislative tactics, pushing for repeal of DOMA, examining barriers to service for qualified and dedicated transgender Americans, and ensuring gay and lesbian military families get the same access to benefits as everyone else.

"This was a hard-fought victory, and supporters of equality should feel proud. But we cannot lose sight of the challenges that remain -- from passing the Employment Non-Discrimination Act to bar employment discrimination in every workplace, to bringing an end to DOMA through the Respect for Marriage Act, and to combating anti-gay activities and rhetoric from political leaders and hate groups," Solmonese continued.

"This is indeed a historic moment, but we remain focused on the work ahead."

Even as the Pentagon has overseen training to ensure that the United States Armed Forces are ready for full integration, support groups for gay and lesbian soldiers have made preparations of their own for the end of the discriminatory law.

Servicemembers Legal Defense Network (SLDN) has published a post-DADT guide that tells gay and lesbian troops exactly what protections and options they have if the experience on-the-job harassment or discriminatory treatment.

Although SLDN was created to serve as a support group for closeted military personnel, the organization has no plans to dissolve once DADT has been relegated to history. If anything, the group's mission may have become even more important as the post-repeal military settles into its status as a fully integrated institution, EDGE reported in an Aug. 20 article.

"In the post-repeal world, we will continue to be on the frontlines of advancing equality within the military by fighting alongside those who may face discrimination or harassment as we advocate for effective implementation of repeal," spokesperson Zeke Stokes told the press. That mission will include "litigating in the courts to bring about full LGBT equality in America's military when necessary and timely; advocating for legally married service members to receive the same benefits as their straight counterparts; and assisting veterans to correct or upgrade their discharge paperwork."

SLDN seeks an executive order from President Obama that would ban anti-gay harassment in the United States Armed Forces. The group would like to see such an order include protections that extend to transgender servicemembers as well as gay, lesbian, and bisexual troops, even though the repeal of DADT does not allow transgender individuals to serve openly.

The newly released "Freedom to Serve: The Definitive Guide to LGBT Military Service" is available as a PDF download at the SLDN website.

Although no major problems have emerged as the process of preparing the military for service by openly gay servicemembers has continued, advocates for gay and lesbian patriots in uniform who will be free to serve openly and honestly starting on Sept. 20 do not anticipate an absolutely fair and discrimination-free atmosphere from the get-go. For that reason, a July 28 news release from SLDN noted, the group is ready to continue defending servicemembers and also press for full equality in both the treatment and the benefits they receive.

"The information contained in this legal guide will help service members, prospective service members, their families, and friends make informed decisions about how to serve successfully as we move beyond 'Don't Ask, Don't Tell.' It will also assist them in understanding how to protect themselves when necessary and how to respond if they are targeted in any way for their actual or perceived sexual orientation or gender identity," the group's legal director, David McKean, said.

The new guide includes information on topics such as "Going to Gay Oriented Events and Venues," "Deployment or Moving Overseas," "Standards of Conduct," and many others.

Standards of Conduct, in Plain English

"Service members may go to any bar they choose, including gay bars," the section on going to "Gay Oriented Events and Venues" says. "The only caveat is that service members should check their command's 'off-limits establishments' designation list to ensure they do not violate any orders not to frequent a particular establishment. An establishment may be declared off-limits for a number of reasons, including known criminal activity, previous altercations involving service members, or other factors that affect good order and discipline."

"The armed forces have many rules, regulations, policies and standards of conduct," the "Standards of Conduct" section notes. "Service members are
responsible for complying with them, and all should be applied without regard to sexual orientation."

A section on "Addressing Harassment or Discrimination Based on Sexual Orientation" advises, "Harassment can take different forms, ranging from a hostile command climate filled with anti-gay jokes and comments to direct verbal and physical abuse to death threats. Military leaders have stated publicly that they do not tolerate harassment. In fact, the DADT Repeal Policy Guidance states 'harassment or abuse based on sexual orientation is unacceptable.'

"Service members have the right to make complaints either through military channels or outside military channels about improper treatment or harassment," the guide adds.

"Service members who are the target of harassment have some avenues within the military to try to stop the harassment," the guide continues. "Service members facing the threat of immediate physical harm may also report the threat directly to the military police. Although some chaplains have been outspoken in their opposition to gay military members as a matter of policy, if a military member's physical safety is at risk, that is another matter. Chaplains can offer a safe space, especially on deployed ships, where there may be nowhere else to go."

The guide makes clear that even when the repeal of DADT is officially complete, gay and lesbian servicemembers may wish to be careful about whom they come out to. With specific regard to chaplains, the guide notes, "The Military Rules of Evidence makes conversations with chaplains privileged when service members seek their spiritual guidance. However, there is no privilege when service members speak to chaplains for reasons other than spiritual guidance.

"What constitutes spiritual guidance is not always clear," the guide adds. "Conversations about a service member's sexual orientation may not be considered spiritual guidance depending on the religious views of the chaplain's denomination."

Moreover, the guide points out ways in which gay servicemembers might find the military's rules used against them by homophobic fellow servicemembers.

"In order to be charged with 'Wrongful Sexual Contact' a service member must engage in 'sexual contact' without 'legal justification or lawful authorization,'" the guide notes, in clear and direct language. "'Sexual contact' is defined as any 'intentional touching' either directly or through clothes, of the 'genitalia,' 'breast,' 'buttocks' or other personal areas. LGB service members need to beware that an accidental collision with another service member could be mistakenly perceived-or purposefully misrepresented-as intentional 'sexual contact.' "

A charge of committing an "indecent act," the guide goes on to note, could arise from " 'observing' another person without their consent and 'contrary to that other person's reasonable expectation of privacy' in their naked body or while engaged in a sexual act," the guide points out. "LBG service members need to beware that an 'indecent act' charge could result from someone making a false allegation about leering in the showers or watching a roommate change."

The guide also serves as a reminder of the crucial omission of transgender servicemembers not also being allowed to emerge from the closet and remain in the military.

Overall, the new guide provides clear answers, in plain English, to a number of questions that troops of all sexual orientations might have.

"In addition, the guide serves as the core content for the newly designed SLDN web site," the news release noted. "The re-launched site is aimed squarely at providing LGBT service members, veterans and their families with the legal tools and other information they need to navigate the post-DADT repeal military environment."

One major indication that opposition to openly gay and lesbian troops remains strong in some quarters is the military having reversed itself on a plan to allow servicemembers to marry same-sex spouses at military installations. Military chaplains and a number of lawmakers raised an outcry when Navy officials indicated last May that chaplains would be expected to treat same-sex couples the same as heterosexual ones in states where marriage or civil unions are available to gay and lesbian families. The military quickly retreated on the issue.

That early sign of continuing and overt discrimination has not deterred gay servicemembers determined to serve their country and have family lives at the same time. The Associated Press reported on Sept. 19 on a Naval officer and his same-sex life partner, Lt. Gary Ross and Dan Swezy, a civilian, who plan to tie the knot for their ceremony, timed for midnight on Sept. 20. Greg Trulson, the Justice of the Peace who the men engaged for the ceremony, noted that their marriage set and example of leadership.

"This is Gary's official coming out," Trulson told the AP. "Maybe it will help other military men who are under him."

But the culture of the United States military already seems far more accepting than skeptics anticipated it would be. Alarmists declared that sexual impropriety and a breakdown of discipline in general would be the order of the day if DADT were to be repealed; however, a massive survey undertaken by the Pentagon uncovered little fear or worry among military personnel faced with the prospect of working and living alongside openly gay and lesbian colleagues.

Other dire predictions included warnings that straight servicemembers would flee the military, and recruiters would have an even harder time meeting their quotas because young heterosexuals would avoid enlistment.

But no such exodus seems poised to take place. Indeed, repeal advocates note that thousands of young gay and lesbian patriots who refused to enlist under the condition that they effectively lie every day of their military service will now be able to enter the ranks of the military with a clear conscience.

For that matter, with the economy in an ongoing state of crisis, the military's recruiters have had an easier time of late than in years before the meltdown. Gay and lesbian soldiers who had been expelled from the military will be able to apply for reenlistment, but the rising standards for enlistment may well mean that under-qualified gays and lesbians who already have service experience may no longer make the grade. For equality activists, however, the issue is not the gays and lesbians should be favored for enlistment; rather, they ought to be subject to the very same standards as everyone else, neither benefiting from nor hindered by the accident of their sexuality.

But the end of DADT may well mean the start of a more accepting society in general. With the anti-gay law's repeal, a new magazine aimed at gay and lesbians in uniform is slated to be available at military bases -- a development that further normalizes gays and brings them into the military's mainstream. Even as acceptance of gays and their families continues to grow in American society at large, the normalization of gays in the military may well, some feel, bring the nation to a tipping point for complete legal equality in all ways much sooner than might otherwise have been the case.

The new magazine is published by OutServe, an organization catering to gay and lesbian servicemembers who, until now, have had to remain in the shadows and lie about their sexual orientation.

The first post-DADT issue will profile 100 gay and lesbian uniformed patriots, marking the official "coming out" of America's homosexual members of the Armed Forces.

"The bi-monthly OutServe Magazine highlights the contributions that actively serving LGBTs are making to the United States military, discusses and educates readers about DADT repeal policies, and advocates for the continued fight for equality for all Americans," text at the Outserve website says.

"Our first electronic-only issue of the magazine that was distributed in March to our network members, as well as released to the press, had over 10,000 impressions within the first 48 hours and was met with an overwhelming show of support from the public, the Department of Defense, and the Obama administration."