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White House gives Pentagon six months to create new trans military ban policy

UPDATED (8/24): Memo went back to White House Counsel for “adjustments”

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A U.S. Army sergeant flies the American flag from the back of a CH-47 Chinook helicopter over southern Kandahar province, Afghanistan. The pilots and crew chiefs fly American flags to present with certificates to service members as part of aviation tradition. (U.S. Army photo by Staff Sgt. Bryan Lewis)

UPDATE (8/24): According to a White House source, the guidance on the transgender service ban went back to the White House Counsel’s Office for “adjustments” in response to public statements by organizations after the news broke that the 2 ½ page memo was on its way to Defense Sec. Mattis. There has been no word what adjustments were made or if the memo is in or out of the Counsel’s Office. In the meantime, seasoned journalists are asking if the memo even exists since the memo on the Muslim ban was leaked within hours of its announcement. The LA Blade, however, is confident the memo exists because details were leaked that are very similar to information leaked separately to the Wall Street Journal. One other note: under ordinary circumstances, a memo ordering such a significant change in policy must be delivered directly into the hands of the Secretary of Defense—and Mattis is out of the country. So will the White House wait for his return or shoot him an email? The Washington Blade reports that when asked about the memo, White House Press Secretary Sarah Huckabee Sanders dodged the question. “When we have an announcement on that, I’ll let you know, and we’ll be sure to answer those questions at that time,” Sanders said. Stay tuned.

Original story:  White House guidance on the transgender military service ban President Trump ordered via tweet July 26 is headed to the Pentagon, as soon as Thursday afternoon or possibly Friday morning, a senior White House source told the Los Angeles Blade.

The Guidance has been boiled down to a 2½-page memo that directs Defense Sec. Mattis to come up with a policy in six months, stop spending money on transgender-related medical treatment for active duty trans servicemembers and gauges fitness for service based on “deployability”—whether the trans individual can ably serve in a war zone and engage in military exercises or function a ship for months, officials told the Wall Street Journal. 

“‎DoD will provide an update upon receipt of formal guidance,” Pentagon spokesperson Lt. Col. Paul Haverstick told The Washington Blade’s Chris Johnson. “The Department continues to focus on our mission of defending our nation and on-going operations against our foes, while ensuring all service members are treated with respect.”

That guidance was also watered down from the complete ban Trump ordered to one that would allow active duty trans service members to continue serving after even Republicans opposed the policy change. The weakened policy requires that recruitment and the accessions policy be halted (they are now), enlistment contracts not be renewed, promotions result in discharges, and transgender-specific healthcare be prohibited.

 

At an Aug. 14 news conference, Mattis indicated support for trans service members, noting the United States Armed Forces is “a widely diverse force. We look at E Pluribus Unum on our coins. Out of many, one. They were simply emphasizing on the battlefield we are one team and that’s the way we stay.”

It has now been widely reported that Mattis quietly intervened to scotch efforts by anti-LGBT Reps. Duncan Hunter and Vicky Hartzler to get a version of the trans ban passed through Congress. Nor did he object when Marine Corps Gen. Joseph Dunford, Chairman of the Joint Chiefs, said the current policy of open service would remain in effect until it is formally replaced or when Navy Secretary Spencer said “any patriot” should be allowed to serve, echoing other commanders supporting their trans service members.

However, Mattis also noted that the military chain of command requires him to follow orders given by the civilian commander-in-chief. “You all elected — the American people elected the commander in chief. I — they didn’t elect me. So the commander in chief in our country and our system of government is elected by the people. He has that authority and responsibility. So that was fully within his responsibility,” Mattis said.

Mattis flagged that he expected the guidance “very soon,” after which “we will study it and come up with what the policy should be.”

It is unclear how long it will take to study the guidance and come up with a policy, considering that the Pentagon is already investigating four serious incidents with the Navy involving numerous deaths—raising questions about military readiness in the forward Asian theatre as North Korea continues saber-rattling. Additionally, Trump is sending roughly 4,000 more troops into the 16-year-old war in Afghanistan, while also fighting a war in Iraq, a conflict in Syria and in hotspots like Somalia.

Ignobly, Trump called for unity during his Afghanistan speech as the ban was being prepared. “[All service members] are bound together by common purpose, mutual trust, and selfless devotion to our nation and to each other,” Trump said. “Loyalty to our nation demands loyalty to one another. Love for America requires love for all of its people. When we open our hearts to patriotism, there is no room for prejudice, no place for bigotry, and no tolerance for hate.”

The White House senior official source — who spoke to the Blade on condition of anonymity — said Vice President Mike Pence is the driving force behind the ban. In fact, he has been spearheading the trans ban reinstatement since last May, at the behest of conservative leaders such as Tony Perkins, head of the Family Research Council, and scores of retired anti-LGBT military officers.

“[Trump] makes decisions based upon what he believes is right, but more importantly, what he committed to,” Perkins told the Christian Broadcast Network after the tweets. “He’s only doing what he committed he would do.”

Trump’s fear of his evangelical base is more powerful than his promises to the LGBT community, justifying the ban by saying: “It’s been a very difficult situation and I think I’m doing a lot of people a favor by coming out and just saying it. As you know, it’s been a very complicated issue for the military, it’s been a very confusing issue for the military, and I think I’m doing the military a great favor.”

Fact check: an estimated 6,000 trans service members have been serving openly without incident since the original ban was lifted by then-Defense Secretary Ash Carter in July 2016, after a year of study and deliberation.

News of the ban prompted the California Legislative LGBT Caucus to introduce a Resolution saying California would protect its own trans service members. California is home to more than 190,000 active and reserve service people on three army bases, seven marine bases, 10 navy bases, six air force bases and five reserve and numerous U.S. Coast Guard bases.

“Trump’s decision to ban transgender people from serving in the U.S. military is offensive, misguided, and contrary to our American values,” said Assembly member Evan Low (D-Silicon Valley), Chair of the California Legislative LGBT Caucus, after introducing Assembly Joint Resolution 22 on Aug. 23. “The thousands of transgender military service members who have put their lives on the line for our country deserve better. The California Legislative LGBT Caucus stands by our transgender service members and will do everything in our power to prevent further discrimination.”

The LGBT Caucus cites a Pentagon-commissioned study by the RAND Corporation that estimated medical care for transgender service members would cost approximately $8 million a year of the Pentagon’s $600 billion budget—“compared to $84 million, which the United States military currently spends on Viagra and other erectile dysfunction drugs,” the Caucus says in a press release.

“As an American, a veteran and a lesbian—I am deeply troubled by President Trump’s recent announcement that transgender people will be banned from military service,” said Assembly member Susan Talamantes Eggman (D-Stockton). “Americans who love their country and feel a call to duty—in the form of military service—should be lifted up for their courage and sacrifice, rather than pushed out!”

“Military rules and regulations allow trans people to serve their country, and even the commander-in-chief cannot change those via Twitter. Thousands of trans service members on the front lines deserve better from their commander-in-chief. Discrimination doesn’t make us safer, but it does exclude those with the desire and talents to serve our country. Their service matters, their lives matters, and the CA LGBT Caucus stands with our trans service-members,” said Sen. Ricardo Lara (D-Bell Gardens), vice chair of the California Legislative LGBT Caucus.

Interestingly, at the end of the resolution, the Caucus notes what could prove to be a wrinkle in Trump’s plan. “Resolved, That the Legislature of the State of California calls upon the Governor of California to direct the California National Guard, the California Air National Guard, and the other Armed Forces of the state to take no action that discriminates against transgender service members in enlistment, promotion, or any other aspect of their service, on the basis of their gender identity or expression, unless superseded by federal law, regulation, or formal directive from the United States Department of Defense.”

But what happens if and when transgender members of the state National Guard are called up and federalized? Low’s office says they are looking into that. AJR 22 will be heard on the Assembly floor in the coming weeks.

Next up are the lawsuits. GLAD and the National Center for Lesbian Rights already filed a“Doe v. Trump” lawsuit on Aug. 9 in federal court in D.C., seeking an injunction against Trump’s directive to reinstate a ban. A joint lawsuit from Lambda Legal and OutServe-SLDN, with lots of amicus briefs, will no doubt be coming soon.

It will be interesting to see if the same outrage demonstrated at Trump’s alignment with white supremacists will greet the ban on the patriotic right of transgender Americans to serve their country.

UPDATE:  OutServe-SLDN sent out this angry press release moments after the news became public. They intend to file a lawsuit with Lambda Legal as soon as they see and scrutinize the 2 1/2 page memo:

OutServe-SLDN Condemns White House Purge of Trans Service Members

(WASHINGTON) August 24, 2017– Breaking faith with top generals and admirals, President Trump’s White House will issue guidance to the Department of Defense, per the Wall Street Journal, which would effectively purge anyone found to be transgender from the armed services. This policy would purge thousands of currently serving transgender troops over the coming months and years by denying them reenlistment; threatening to cut off their healthcare; and would make permanent a ban on recruiting transgender troops that was set to expire later this year.

The following can be attributed to OutServe-SLDN Executive Director Matt Thorn:

“The President’s order to remove transgender service members from the United States armed forces is nothing less than a purge. He is implementing this purge based on bigotry, motivated by agents of an ideology that has no concern for the national defense, and in blatant disregard of the experience of career officers who spent more than a year developing and implementing the current policy.

It is inconceivable that a man with a demonstrated incompetence in managing the small staff of the White House should have any credibility when it comes to making sound personnel decisions that will effect a fighting force of more than 1.8 million men and women.

We recognize this purge for what it is – a discriminatory attack on the people who have volunteered their lives for the defense of the country. It is arbitrary and capricious, a callous and questionable exercise of constitutional authority which is beneath the dignity of a Commander-in-Chief.

We condemn the actions of the White House in initiating this purge. We condemn the disregard that the President has shown to transgender men and women who wear the uniform. We condemn the intent of any person who would make it the mission of United States military to discriminate against the very citizens they are charged to defend. And we condemn the indifference of any elected official who does not now stand up for both military personnel and the LGBT community by opposing this purge.

OutServe-SLDN along with Lambda Legal will swiftly be filing a lawsuit in federal court to challenge this action.”

OutServe-SLDN’s legal team will provide any and all advocacy and legal assistance possible to ensure the transgender community is able to openly serve our country in its armed forces. Individuals seeking assistance may contact the legal department directly at 800-538-7418or [email protected]

###

OutServe-SLDN (OS-SLDN) is the largest non-profit, legal services, advocacy and policy organization dedicated to bringing about full LGBT equality to America’s military and ending all forms of discrimination and harassment of military personnel on the basis of sexual orientation and gender identity. For more information, visit www.outserve-sldn.org.

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Kansas

Anti-LGBTQ Kansas lawmaker who assaulted student given probation

In the classroom incident last Spring students recorded videos of the lawmaker talking about suicide, sex, masturbation, God and the Bible

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Kansas State House Representative Mark Samsel (R- House District 5/Wellsville) (Photo Credit: Kansas House)

OTTAWA, Ks. – Fourth Judicial Circuit Magistrate Judge Kevin Kimball sentenced Kansas House Representative Mark Samsel, (R- House District 5/Wellsville) to 90 days in jail (suspended) and probation for a year on Monday. Samsel was convicted of assaulting a male student after a physical altercation while he was substitute teaching at the Wellsville High School last April.

Samsel originally faced three misdemeanor battery charges following his arrest in April that involved two male victims, both approximately 16 years old.

The Kansas City reported that during a short hearing conducted over Zoom, Kimball in his ruling ordered that Samsel must apologize to his teenage victims. Samsel is also prohibited from using Twitter, Facebook, Instagram and other social media platforms for personal use. An exception is included to allow social media for political and legislative purposes.

In the classroom incident last Spring that sparked four months of court proceedings according to the Kansas City Star, high school students began recording videos of the lawmaker talking about suicide, sex, masturbation, God and the Bible.

In one video shared with The Star, Samsel tells students about “a sophomore who’s tried killing himself three times,” adding that it was because “he has two parents and they’re both females.”

“He’s a foster kid. His alternatives in life were having no parents or foster care parents who are gay,” Samsel said.

The student videos additionally showed the lawmaker verbally targeting one student and encouraging other students to bully him.

The Star also reported: At one point, Samsel tells the student, “You’re about ready to anger me and get the wrath of God. Do you believe me when I tell you that God has been speaking to me?” He then pushes him, and the student runs to the other side of the classroom.

“You should run and scream.” In another video, he tells students, “Class, you have permission to kick him in the balls.”

Parents told The Star that Samsel “put hands on the student” and allegedly kneed him in the crotch. In a video apparently taken immediately after the incident, the student is shown on the ground. Samsel is standing over him and says, “did it hurt?”

He then asks him why he is about to start crying, pats him on the shoulder and apologizes, and then says he can “go to the nurse, she can check it for you.” Samsel addresses another student and says, “do you want to check his nuts for him, please?”

In another video, Samsel is shown telling the student about “distractions from the devil,” and then grabs him from behind and lifts him off his feet. In a different clip, he tells the student to go to the office. “You were not following — not my rules — God’s rules right now,” he tells the student. “You better take a Bible.”

“Keep denying God, keep denying God, see how it’s going to turn out,” he told the student.

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U.S. Federal Courts

Federal appeals court orders Trans professor fired in 2011 reinstated

The Tenth Circuit also rejected Southeastern’s cross-appeal in its entirety, citing the Supreme Court’s decision in Bostock v. Clayton County

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U.S. 10th Circuit Court of Appeals, Byron White Courthouse Denver Colorado (Photo Credit - Library of Congress Collections)

DENVER – The 10th U.S. Circuit Court of Appeals, in a 55-page ruling issued Monday, ordered Southeastern Oklahoma State University located in Durant, Oklahoma to reinstate a Trans professor who was fired over a decade ago.

Douglas N. McMillan, then interim vice president for academic affairs at the university reportedly said that the professor’s “lifestyle” offended his Baptist beliefs.

Dr. Rachel Tudor, a 54-year-old Native American member of the Chickasaw Nation, in a statement released after the appellate court’s ruling said that [she is] “looking forward to being the first tenured Native American professor in her department in the 100-plus year history of the Native American-serving institution that is Southeastern Oklahoma State University.”

The 10th Circuit in its ruling overturned a lower District Court in Oklahoma City that had ruled “reinstatement would not be possible due to alleged hostility between Dr. Tudor and Southeastern.”

Tudor worked as a tenure-track professor of English at Southeastern Oklahoma State University between 2004 and 2011. In 2007, she informed Southeastern that she would be transitioning and that her gender identity was female. Following this, she was denied tenure and terminated even though her own students and the English Department supported her tenure application.

In her appeal, Tudor was represented by the Washington D.C. based National Women’s Law Center and its private law firm counsel, Erica Lai, who argued for NWLC.

In a recap statement NWLC noted:

The Tenth Circuit also rejected Southeastern’s cross-appeal in its entirety, heavily citing the Supreme Court’s decision in Bostock v. Clayton County, which overruled previous 10th Circuit precedent and held that discrimination against transgender employees is sex discrimination under Title VII.  

 After fighting her case in the courts, she won her jury trial on November 20, 2017. Although the jury awarded her $1,165,000, the court both lowered this amount to $300,000 and then awarded her only front-pay wages in an amount of $60,040.77. This front-pay figure was calculated without the court undertaking any meaningful analysis as to her ability to return to a tenure job in English at Southeastern as she wanted, or what amount would make up for her lost future earnings.

[…] Also, courts have made clear that employers may not cite litigation-related hostility as a reason to refuse someone a job. Finally, as the jury found, Dr. Tudor was only denied tenure because of sex discrimination.

Tudor’s statement reflected her desire to return to the classroom and press on the Tulsa World reported:

As injurious as the sex discrimination and retaliation were to Dr. Tudor, she did not consider it merely personal. Rather, she was a symbol to those who discriminated against her. They wanted to create an environment where certain views and certain people are punished to create fear and shame instead of self-confidence and opportunity for all.

“They wanted people like Dr. Tudor to be afraid, and to go away. Instead of going away, instead of accepting a settlement — conditioned on never teaching in Oklahoma — she fought for the rights and dignity of her Native and LGBT communities.

“Dr. Tudor would like to thank her allies and colleagues for their support through 10 long years of fighting for justice. She is grateful and honored to be the recipient of their goodwill. She promises to repay their trust by being the best professor she can be.”

 

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Colorado

Anti-LGBTQ extremist Bob Enyart who spread COVID lies- dies from virus

Enyart proudly referred to himself as “America’s most popular right-wing, religious fanatic, homophobic, anti-choice talk show host”

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Bob Enyart (Screenshot via KUSA9 NBC News Denver)

DENVER – The vehemently anti-LGBTQ preacher who made national headlines over his gleefully reading out the obituaries of AIDS victims on his cable television show, while cranking out the song “Another One Bites the Dust” by Queen- whose lead singer, Freddie Mercury, died from that disease, has himself died from complications after contracting COVID-19.

Bob Enyart, 62, who had proudly referred to himself as “America’s most popular self-proclaimed right-wing, religious fanatic, homophobic, anti-choice talk show host” and pastor of the Denver Bible Church, died Monday after a short battle with the coronavirus. The news was confirmed by his longtime radio and podcast show co-host Fred Williams in a Facebook post Monday.

Enyart and his second wife Cheryl, had both contracted COVID-19 after refusing to take the vaccine citing pro-life reasons; “Bob and Cheryl Enyart have sworn off taking the Pfizer, Moderna, and Johnson vaccines because, as those firms admit, they tested these three products on the cells of aborted babies,” according to a statement in August on Enyart’s webpage.

In addition to falsely claiming that the vaccines were developed using fetal tissue, Enyart urged his followers to boycott the vaccines to “further increase social tension and put pressure on the child killers. (Remember, many institutions and celebrities who have been “pro-choice” all along are now also calling to legalize infanticide, what they call after-birth abortion.

In October of 2020, Enyart filed a federal lawsuit in U.S. District Court in Denver asking to overturn the Colorado State Public Health order on facial masks at religious services, as well as rules limiting gatherings to 175 people amid the pandemic.

U.S. District Court Judge Daniel Domenico, who was appointed by President Trump, granted a temporary restraining order against the health order.

A long time radical anti-abortion activists and a spokesperson for the pro-life Colorado Right to Life, Enyart in 2009 along with other antiabortion protesters were jailed over protest at Focus on the Family after the group accused Focus founder James Dobson of not being antiabortion enough.

After attempting to deliver a letter to Focus president James Daly deploring Dobson’s endorsement of 2008 Republican presidential nominee John McCain, American Right to Life Action members staged an hour long standoff with ministry security, according to the Colorado Springs Gazette.

In addition to his open hostility towards the LGBTQ community on air, in 2016 protesting the U.S. Supreme Court ruling the previous year that granted same-sex couples the right to marry, the Huffington Post reported that he released a bizarre video as part of the National Organization for Marriage (NOM) boycott of Starbucks, after the coffee-based chain announced its support of same-sex marriage.

As first reported by Good As You blogger Jeremy Hopper, Pastor Bob Enyart of Denver Bible Church purchased a Starbucks coffee before proceeding to dump it down a sewer in protest.

“Jesus Christ said God made us male and female at the beginning of the creation,” Enyart proclaims. “Starbucks, in a move that’s not wise for eternity and not good for business here and now, has decided to promote homosexual marriage.”

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