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Sec of Defense Mattis’ memo: ‘Do the right thing’ after White House OKs trans military ban

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Defense Secretary Jim Mattis tells senators on the Senate Appropriations Committee’s defense subcommittee that President Donald (Photo by Defense Department)

The “Memorandum For All Department of Defense Employees” from Sec. of Defense James Mattis was released around the same time the news broke that the White House Counsel’s Office had cleared the new ban on open transgender military service, approved by President Donald Trump. The revised policy is expected to be sent to Mattis for his review and implementation.

Nowhere in the Aug. 4 memo is the word “transgender” mentioned. But since “A Guidance Policy for Open Transgender Service Phase Out” contains no language protecting currently serving transgender servicemembers against harassment, including of those in combat and on foreign bases, it appears Mattis felt it necessary to remind the troops and other Defense Department employees of the high ethical standards expected of U.S. military personnel, setting “an honorable example in all we do.”

Using a baseball analogy, Mattis writes: “I expect every member of the Department to play the ethical midfield. I need you to be aggressive and show initiative without running the ethical sidelines, where even one misstep will have you out of bounds. I want our focus to be on the essence of ethical conduct: doing what is right at all times, regardless of the circumstances or whether anyone is watching.”

The ethical dilemma is a direct result of the insulting sudden reversal—apparently a political sop by Trump to the Religious Right—of the well-developed 2016 policy announcing the implementation of open service by trans individuals. The plan for trans inclusion included a timeline for rollout and review, as well as guidance on medical issues.

“This policy was crafted through a comprehensive and inclusive process that included the leadership of the Armed Services, medical and personnel experts across the Department, transgender Service members, outside medical experts, advocacy groups, and the RAND Corporation, “ says the “Transgender Service Member Policy Implementation Fact Sheet.”  “Starting today: Otherwise qualified Service members can no longer be involuntarily separated, discharged, or denied reenlistment or continuation of service solely for being transgender individuals.”

And, the 2016 fact sheet said: “Any discrimination against a Service member based on their gender identity is sex discrimination and may be addressed through the Department’s equal opportunity channels.”

An extrapolation of Mattis’ memo suggests that he is not uncomfortable with trans servicemembers getting a lawyer and preparing to fight the ban coming from Trump’s White House.

“To ensure each of us is ready to do what is right, without hesitation, when ethical dilemmas arise, we must train and prepare ourselves and our subordinates,” says Mattis. “Our prior reflection and our choice to live by an ethical code will reinforce what we stand for, so we remain morally strong especially in the face of adversity.”

Mattis’ memo in some ways reflects the ethical standards so well articulated by Adm. Mike Mullen, former chair of the Joint Chiefs of Staff, in his appearance before the Senate Armed Services Committee in February 2010, when he argued that gays and lesbians should be allowed to serve openly in America’s Armed Forces.

“We have in place a policy that forces young men and women to lie about who they are in order to defend their fellow citizens,” Mullen said. “For me, personally, it comes down to integrity: Theirs as an individual, ours as an institution.”

In his Aug. 4 memo, Mattis says: “Through our example and through coaching of all hands, we will ensure ethical standards are maintained. Never forget, our willingness to take the Oath of Office and to accept the associated responsibilities means that even citizens who have never met us trust us to do the right thing, never abusing our position nor looking the other way when we see something wrong. I am proud to serve alongside you.”

Though Trump said he had discussed the ban with his generals,  Mattis had only been informed of Trump’s position just before the infamous tweets on July 26, which blindsided the Joint Chiefs of Staff.

Republican Senators with reputations for caring about the military were shocked by the announcement of the ban.

“There is no reason to force service members who are able to fight, train, and deploy to leave the military — regardless of their gender identity,” war hero Sen. John McCain said in a statement.

“We should all be guided by the principle that any American who wants to serve our country and is able to meet the standards should have the opportunity to do so.”

“People who are transgender, they don’t choose to be transgender — they’re born that way — and why should we hold that against them?” Republican Senator Orrin Hatch told MSNBC.

Iowa Senators Ernst and Grassley opposed the proposed ban, too. The Cedar Rapids area TV station KWWL News 7 posted this on their website.

—“Reaction to his tweet was unsurprisingly swift across the country.  In Iowa, Senator Joni Ernst, a 23-year military veteran, says she disagrees with President Trump.  The Des Moines Register reports that Ernst spokesperson, Brook Hougesen, wrote in an email that the senator “believes what is most important is making sure service members can meet the physical training standards, and the willingness to defend our freedoms and way of life.” He continued, “[w]hile she believes taxpayers shouldn’t cover the costs associated with a gender reassignment surgery, Americans who are qualified and can meet the standards to serve in the military should be afforded that opportunity.”

Senator Ernst is the first female combat veteran to serve in the United States Senate. She also served as a lieutenant colonel in the Iowa Army National Guard.

Meanwhile, Senator Chuck Grassley spoke with multiple Iowa reporters during his weekly phone call with them Wednesday afternoon.

“We have certain standards to get in the military: weight standards, education standards, the ability to do a job, those physical capabilities.  And if you’re a person – man or woman or any other category you want to name – then you meet those standards, you ought to be able to get in, ” Grassley said.” —

With Trump on a 17-day vacation and Congress out on their August recess, the fallout for this political maneuver that could dramatically harm the lives and careers of 15,000 transgender servicemembers has fallen to Sec. of Defense Mattis.

Early Saturday morning, Defense Department spokesperson Paul R. Haverstick Jr., LTC USARMY OSD PA (US) told the Washington Blade’s Chris Johnson: There is no new information to report. We will send out an updated statement when we receive guidance.”

Lambda Legal and OutServe-SLDN are gearing up for a fight.

“The move to purge transgender military personnel is dishonorable to the thousands of transgender men and women who are serving our country with courage and who are integral parts of our armed services. The safety of all service members – transgender or not – is undermined by a policy like this that distracts from the important missions they have for no valid reason. It is also a slap in the face of the leadership who have worked diligently to develop and implement the current policy which has been in place for more than a year without incident,” says transgender military veteran Sasha Buchert, a Staff Attorney at Lambda Legal.

“The tweeted military trans ban has already been condemned by more than 56 retired generals and admirals and a large percentage of Republican and Democratic senators and representatives.  A majority of Americans support allowing transgender troops to serve openly,” the statement continues. “This mean-spirited and discriminatory attack on our community is capricious, irrational, and clearly driven by anti-LGBT forces in the administration who care more about harming transgender people than keeping our nation safe. It is clearly unconstitutional. Lambda Legal has a long history of fighting for LGBT service members, and, teaming up with OutServe-SLDN, we’re more than ready to fight like hell again. See you in court, President Trump.”

 

 

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National

Embattled New York Governor Andrew Cuomo resigns

The announcement comes a week after the release of a damning report that says he sexually harassed 11 women.

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Andrew Cuomo, gay news, Washington Blade
New York Gov. Andrew Cuomo. (Washington Blade file photo by Michael K. Lavers)

NEW YORK — Embattled New York Gov. Andrew Cuomo on Tuesday resigned.

Cuomo announced his resignation a week after state Attorney General Leticia James released a damning report that concluded he sexually harassed 11 women.

The report implicates Human Rights Campaign President Alphonso David — a previous Cuomo counselor — as part of a coordinated effort to discredit one of the women who accused the soon-to-be-former governor of sexual harassment. HRC on Monday announced it will conduct an independent review of David.

Roberta Kaplan, a lawyer who successfully argued against the Defense of Marriage Act before the U.S. Supreme Court, on Monday resigned from the Time’s Up board of directors after James’ report indicated she reviewed and read an op-ed that sought to discredit one of Cuomo’s accusers.

The op-ed was not published.

Lieutenant Gov. Kathy Hochul will succeed Cuomo once his resignation takes effect in two weeks.

Chris Johnson contributed to this report.

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Charlotte NC passes ordinance 5 years after infamous bathroom bill fight

“Tonight is a win, not only for the LGBTQ community, but for all Charlotteans. We are only as strong as the least protected […]”

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Downtown City Centre, Charlotte, North Carolina (Photo Credit: City of Charlotte, NC)

CHARLOTTE N.C. – In a unanimous vote Monday, the City Council of Charlotte, North Carolina passed a non-discriminations ordinance that would establish clear protections from discrimination based on sexual orientation, gender identity, natural hairstyle, and more in key areas of life, including public spaces and private employment.

Speaking to reporters after the ordinance was passed, Charlotte Mayor Vi Lyles said she was pleased that the city council vote worked out which reflected the best decision for the city.

“When you look at the track record for this council to have authentic debates about things that will make a difference in this community they have stepped up and done it in every way and I am really appreciative of that,” WCNC NBC 36 Charlotte reported.

In an email, Adam Polaski, Communications Director for Asheville N.C. based the Campaign for Southern Equality, an LGBTQ+ advocacy group, reflected that the City Council’s unanimous – and with bipartisan support – passage of a nondiscrimination ordinance that protects LGBTQ residents is a major turnaround since 2016, when the Council’s nondiscrimination ordinance passed and triggered the North Carolina General Assembly to pass HB2.

HB2, at the time, was the worst anti-LGBTQ bill in the country, specifically targeting transgender people. It was ostensibly written to require that people used public restrooms corresponding to their birth gender, although it also baked in a host of other anti-LGBTQ components.

The law spurred a wave of criticism for state lawmakers. And in addition to the hit on NC’s image, the bill cost the state an estimated $3.76 billion in economic activity as companies, sports leagues, and entertainers avoided NC following its passage.

“Tonight is a win, not only for the LGBTQ community, but for all Charlotteans. We are only as strong as the least protected, and this expanded ordinance is a milestone toward equality in the Queen City. We applaud City Council for their bipartisan collaboration in passing this comprehensive ordinance and honor the advocates who have tirelessly sacrificed for this moment,” Bethany Corrigan, the Executive Director of Transcend Charlotte said in a statement.

There came this reaction from Rell Lowery, Community Outreach Director for Charlotte Black Pride, who said:

“Charlotte is the second most dangerous city in the country for transgender and gender nonconforming people – especially Black transgender women. With today’s vote, the Charlotte City Council committed to making the city a safer place to live and work for LGBTQ people and people of color. It is an important and long overdue full-circle moment, granting LGBTQ Charlotteans the legal protections that we always needed and deserved.”

Charlotte’s new bill will make it illegal for people to be discriminated against for things like their sexual orientation, gender identity, gender expression, familial status, veteran status, pregnancy, or natural hairstyle. The new bill does not regulate bathrooms, WCNC also reported

As part of the discrimination protections, it will also extend to employment applying to all employers in the city of Charlotte even those with less than 15 employees.

“Throughout 2021, communities have come together to affirm that no one should face discrimination – and the vote tonight in Charlotte will double down on that undeniable momentum for LGBTQ equality. The passage of these protections, which include provisions for natural hair, sexual orientation, and gender identity, indicate strong progress for racial and social justice,” Kendra R. Johnson, Executive Director of Equality NC, said.  “Small towns, mid-sized cities, counties, and now the largest city in North Carolina have all taken steps to protect LGBTQ people and illustrate that NC is ready for these protections statewide.”

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Hundreds of US Catholic leaders endorse LGBTQ protections

Md.-based New Ways Ministry released declaration on Monday

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(Washington Blade photo by Michael K. Lavers)

MOUNT RAINIER, Md. — More than 250 Catholic leaders in the U.S. have endorsed efforts to protect LGBTQ people from discrimination.

A statement that New Ways Ministry, a Maryland-based group that ministers to LGBTQ Catholics, released on Monday notes “our Catholic faith compels us to speak out in support of the principle of nondiscrimination.”

“Nondiscrimination would alleviate the personal suffering of LGBTQ people, provide them equal access to our society’s opportunities, and, in many cases, save lives,” reads the statement. “Ending discrimination of this type would also benefit the common good of all people in our society. If LGBTQ people were allowed to flourish as full human beings and as equal citizens, our communal, cultural and social life would be greatly enhanced by their gifts.”

The statement notes “scripture strongly affirms that God hears and responds to the cry of the poor and suffering.”

“Society’s failure to protect LGBTQ people has left them crying out for justice,” it adds. “As disciples of Jesus Christ, we too must hear and respond to this cry by pursuing policies and laws that remedy such grave injustices. To do any less would abdicate our responsibility as Christians to live the Gospel in public life by advancing the good of all people, especially those on the margins.”

“The time has come to remedy this grave injustice, and our Catholic tradition holds the tools to fix this problem,” concludes the statement.

“As Catholic theologians, scholars, church leaders, writers and ministers, we care deeply about our church and our society. Our strong endorsement of nondiscrimination towards LGBTQ people comes from careful reflection on scripture, our church’s tradition and teachings, our academic studies and our experience of the lives of LGBTQ people,” it reads. “In these sources, we witness the Holy Spirit speaking through them to guide us to live more faithfully the Gospel mandate to pursue justice by hearing and responding to the cry of the poor and marginalized.”

Jeannine Gramick, co-founder of New Ways Ministry, and New Ways Ministry Executive Director Francis DeBernardo are among those who signed the statement. Georgetown University’s LGBTQ Resource Center is one of the dozens of organizations that have endorsed it.

New Ways Ministry released the statement against the backdrop of laws in Florida and other states that target transgender student athletes. The statement also coincides with the Vatican’s more moderate tone on LGBTQ-specific issues under Pope Francis’ papacy.

Francis last fall publicly endorsed civil unions for same-sex couples.

The pontiff has said gay men and lesbians should not be marginalized. The Vatican in 2020 gave money to a group of trans sex workers in Italy during the country’s coronavirus lockdown, but church teachings on homosexuality and gender identity remain unchanged.

“The relationship between the hierarchy of the Roman Catholic Church and the community of lesbian, gay, bisexual, transgender, and queer (LGBTQ) persons has long been fraught with tensions, negative emotions, and confusion,” reads the New Ways Ministry statement. “Harsh statements from high-ranking church leaders against LGBTQ equality initiatives in the civil arena have often succeeded in limiting the rights of LGBTQ people, causing great offense and allowing great social and personal harm to befall this marginalized community.”

“Equally alarming to us as Catholics is that a vocal section of our church leaders too often does not fully consider Catholicism’s most fundamental teachings and values when taking positions on LGBTQ social policy initiatives,” it adds. “By supporting civic policies that promote discrimination and by opposing policies that would produce equality, these leaders bypass the Catholic Church’s proud social justice tradition, the product of more than a century’s development of social doctrine that increasingly supports the human rights of all people without exception.”

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