Appeals Court refuses to delay DADT case
The 9th U.S. Circuit Court of Appeals on Jan. 28 denied the federal government's request to suspend the Log Cabin Republicans' case against the Don't Ask, Don't Tell military gay ban while the Pentagon works to abolish the policy.
In a late-Friday-afternoon notice sent to interested parties, the court said: "The opposed motion to hold these appeals in abeyance is denied. The briefing schedule is reset as follows: the government's opening brief and excerpts of record are due February 25, 2011; Log Cabin Republicans' answering brief and supplemental excerpts of record are due March 28, 2011; and the government's reply brief is due 14 days after service of the answering brief."
DADT was struck down as unconstitutional last October by U.S. District Judge Virginia Phillips in Riverside, Calif.
The Obama administration, however, appealed the ruling to the 9th Circuit and obtained a stay of Phillips' injunction that had halted the ban's enforcement worldwide.
Then, in December, Congress, which legislated DADT 18 years ago, voted to authorize the Pentagon to repeal the policy, but the Pentagon has not yet done so, and the process is likely to take several more months.
The government was hoping to pause its appeal in the meantime, but the 9th Circuit has rejected the request.
Log Cabin had strongly opposed any delay in the case.
"Despite what the government has led the American people to believe, Don't Ask, Don't Tell has not been repealed and will likely remain the law of the land until the end of 2011," said the group's attorney, Dan Woods. "In the meantime, openly gay individuals are not free to enlist in our armed forces, current service members must continue to live a lie, and the government continues to investigate and discharge service members. ... The government asked us to agree to the delay and we were willing to do so on one condition: that the government halt all pending investigations and discharges during the period of delay. The government refused, and its attorneys said that investigations and discharges will continue."
Gay groups react to Obama's State of the Union address
President Barack Obama made one reference to gay people during his Jan. 25 State of the Union address.
"Our troops come from every corner of this country," he said. "They're black, white, Latino, Asian, Native American. They are Christian and Hindu, Jewish and Muslim. And, yes, we know that some of them are gay. Starting this year, no American will be forbidden from serving the country they love because of who they love. And with that change, I call on all our college campuses to open their doors to our military recruiters and ROTC. It is time to leave behind the divisive battles of the past. It is time to move forward as one nation."
Gay groups were quick to react to Obama's words.
Human Rights Campaign President Joe Solmonese said: "(T)onight's announcement is welcome news for all Americans ready to close the book on discrimination in the ranks. ... Tonight is the culmination of a promise kept by this president."
Solmonese added, however, that Obama also needs to commit to "ending the unfair taxation of partner health benefits, prohibiting workplace discrimination on the basis of sexual orientation and gender identity, and ensuring that all married couples have access to the same federal benefits and protections for their families."
GetEQUAL Director Robin McGehee expressed disappointment over the address.
"Tonight, President Obama missed an opportunity to lay out an agenda and strategy that continues progress made toward LGBT equality -- removing the burden of being second-class citizens and acknowledging our families," she said. "Sadly, while national hero Daniel Hernandez sat with the First Lady to witness this historic speech, he did not have the luxury of sitting there as an equal -- for that, our elected officials should be ashamed. It is time for the president to put the power of the White House behind the passage of legislation that would give the right of full federal equality to LGBT Americans."
"We refuse to accept the political excuses that 'now is not the time' for 'difficult' issues like equality or that these issues are too 'complicated' or 'controversial' to take on right now," McGehee said. "Equality is never convenient. Justice is never easy. Each day that we wait until discrimination is 'easier' to combat, another LGBT person dies unequal. Each day that we wait, another couple is pulled apart at the border by American immigration policies. Each day that we wait, another of our transgender neighbors is left without a paycheck under discriminatory employment policies."
National Gay and Lesbian Task Force Executive Director Rea Carey said that "if the president is truly serious about job creation and boosting America's economic well-being, he must provide leadership and action in helping to pass employment protections for lesbian, gay, bisexual and transgender people and ending the costly and unjust federal marriage ban."
"Fact is, the state of the union for (LGBT) people remains largely one of inequality, as we can still be fired from or denied employment in many parts of the country for nothing other than bias, and marriage inequality relegates our families to second-class status," she said.
The National Center for Transgender Equality issued a statement pointing out that the pending repeal of the Don't Ask, Don't Tell ban on open gays in the military "still does not allow transgender people to serve openly or to join the military."
For video of Obama's gay reference, see tinyurl.com/653pz4j.
Wyoming politicians hope to unmarry gays
Wyoming's House of Representatives passed a bill Jan. 24 to prohibit recognition of other states' same-sex marriages and civil unions.
The vote was 32-27. The measure is expected to pass the Senate as well.
Supporters said the law is needed because while Wyoming law clearly states that only a man and a woman can marry each other, current law also recognizes other states' legal marriages.
The Senate, meanwhile, voted 20-10 on Jan. 27 to place a measure on the November 2012 ballot to amend the state constitution to prohibit recognition of other states' same-sex marriages. That measure would not necessarily block recognition of out-of-state civil unions.
Iowa considers rebanning same-sex marriage
A bill is moving through the Iowa Legislature to authorize a public vote on amending the state constitution to ban same-sex marriage, civil unions, domestic partnerships and any other legal recognition of gay or lesbian couples.
A House committee approved the measure 13-8 on Jan. 24, and it is expected to pass the full House, where Republicans hold 60 percent of the seats.
However, Senate Majority Leader Michael Gronstal has vowed to block the measure in the Senate.
"This bill intends to forever strip basic protections from loving and committed gay couples," said One Iowa Executive Director Carolyn Jenison. "Now is the time for Iowans to come together and send a clear message to their legislators that discrimination has no place in Iowa's Constitution." (See tinyurl.com/4sam5cf for more from One Iowa.)
Iowa is one of five states, plus the District of Columbia, where same-sex marriage is legal. Internationally, it is legal in Argentina, Belgium, Canada, Iceland, the Netherlands, Norway, Portugal, South Africa, Spain, Sweden and Mexico City.
Obama makes gay, lesbian appointments and a nomination
President Barack Obama made two gay/lesbian appointments and one nomination Jan. 26.
He nominated openly gay J. Paul Oetken, a lawyer for Cablevision, to the Southern District of New York federal court.
He appointed National Center for Lesbian Rights co-founder Roberta Achtenberg to the U.S. Commission on Civil Rights.
And he appointed former National Gay and Lesbian Task Force Executive Director Jeff Levi to the Department of Health and Human Services' Advisory Group on Prevention, Health Promotion, and Integrative and Public Health.
Assistance: Bill Kelley
