2 GAY PEOPLE'S CHRONICLE May 21, 2010
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www.GayPeoplesChronicle.com
Chances of repealing 'don't ask' appear to be fading
by Eric Resnick
Washington, D.C.Any reasonable chance of repealing the law banning gay military servicemembers known as "don't ask, don't tell" seems to be fading fast despite presidential campaign promises and overwhelming public support to do so.
Congress is split on the matter, and the White House has shown no leadership other than a few lines in speeches.
Now, evidence is mounting that there is resistance to repeal within the military ranks, and that the president has little political will to challenge them.
Conventional wisdom holds that unless the president shows leadership and actively works for immediate repeal of the 1993 compromise, it will likely remain law. That is because of expected conservative congressional gains after November's elections, which will also adversely impact the rest of the LGBT rights legislative agenda.
Suspicions of delay and prevarication on a vote to repeal DADT by military officials and congressional opponents were confirmed April 30 with the discovery of two letters. Hours later, President Obama issued a statement apparently withdrawing the commitment he made during his State of the Union address when he said: "This year, I will work with Congress and our military to
finally repeal the law that denies gay Americans the right to serve the country they love because of who they are. It's the right thing to do."
When May ends, so will all opportunities to attach DADT's repeal to the Defense Authorization bill, long believed to be the best way to get it done because it is a bill that must pass. Obama's May 14 memorandum to Congress outlining priorities for the bill did not include repealing DADT.
The letters
House Armed Services Committee chair Ike Skelton, a Democrat from Missouri and an unapologetic supporter of DADT, wrote to Defense Secretary Robert Gates April 28.
The entire letter reads: "As markup of the Fiscal Year 2011 National Defense Authorization Act quickly approaches, I would appreciate your views and position on the advisability of legislative proposals that may impact the "don't ask don't tell" policy. I expect this issue will be raised at a number of junctures throughout the NDAA process, and your thoughts on potential congressional action at this time would be of great value to me and to the committee when this issue is raised."
Gates and Joint Chiefs of Staff chair Admiral Michael Mullen responded to
Skelton two days later with a letter calling for more study of the issue and consensus among servicemembers and their families supporting repeal of DADT before Congress takes it up.
"I believe in the strongest possible terms that the Department must, prior to any legislative action, be allowed to conduct a thorough, objective and systematic assessment of the impact of such a policy change," Gates wrote.
"A critical element of this effort is the need to systematically engage our forces, their families, and the broader military community throughout this process," Gates continued.
"Our military must be afforded the opportunity to inform us of their concerns, insights, and suggestions if we are to carry out this change successfully."
"Therefore," Gates concluded, "I strongly oppose any legislation that seeks to change this policy prior to the completion of this vital assessment process. Further, I hope Congress will not do so, as it would send a very damaging message to our men and women in uniform that in essence their views, concerns, and perspectives do not matter on an issue with such a direct impact and consequence for them and their families."
This letter was shocking to advocates of
DADT repeal and contradicts earlier statements by Gates.
Gates testified before the Senate Armed Services Committee February 2. That committee's chair, Democrat Carl Levin of Michigan, favors DADT repeal. In that testimony, Gates announced changes to how the law is enforced so to have fewer gay and lesbian servicemembers fired, and pledged that the Defense Department would move quickly to implement the law's repeal.
"Last week, during the State of the Union address, the president announced he will work with Congress this year to repeal the law known as 'don't ask don't tell,' " Gates testified.
"He subsequently directed the Department of Defense to begin the preparations necessary for a repeal of the current law and policy. I fully support the President's decision," Gates said.
"The question before us is not whether the military prepares to make this change, but how we best prepare for it. We have received our orders from the Commander in Chief and we are moving out accordingly," Gates continued.
Presidential inaction
However, when asked about the apparent Continued on page 11
Two Miami U. students beaten in possible hate crime
by Eric Resnick
Oxford, Ohio-Two gay Miami University students were assaulted while attending a drag show fundraiser for the LGBT student group Spectrum at an Oxford bar. Investigators have not ruled the incident a hate crime, but if they do, a new federal law would be applied.
Benjamin Collings, 21, of Oxford, and Ryan Britton, 22, of Bay Village, boyfriends, were apparently assaulted April 17 around 1:00 am by a man yelling "Hey faggots, you do not belong in society" in the restroom of
the Stadium bar near the campus.
The bar was hosting the Spectrum event upstairs the time.
According to the police report, tensions escalated between Collings and the suspect which spilled out into the street. There the suspect knocked Collings down and kicked him in the face, breaking his cheek bone and nose and giving him two black eyes.
Britton was also kicked in the face while trying to break up the altercation.
There were witnesses and there is surveillance video, but the suspect ran from the scene and has not been caught.
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Neither Collings nor Britton returned calls for this report, but Collings sought local television coverage. That video has been widely circulated on LGBT blogs, many saying that there is no interest by law enforcement to consider the assault a hate crime. Some go further to also infer that police are trying to blame the victims. Both hypotheses are false.
According to city manager Douglas Elliott, Jr., who also serves as the city's safety director, evidence is still coming in and the decision as to whether or not to call this a hate crime has not been made, though it is being considered.
The state of Ohio has no law defining gay bashing as a hate crime. The city of Oxford has no ordinance doing so, either.
Elliott is aware of the federal Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act signed into law by President Barack Obama in October. That law expands federal hate crime laws to include crimes motivated by a victim's actual or perceived
gender, sexual orientation, gender identity, or disability.
Elliott said use of the law is being considered, should the evidence lead there.
"We are treating this as a very serious incident," Elliott said. "I hope we might see some arrests soon."
Elliott said additional evidence, including more detailed victim and witness statements, have not been made public.
"We want everyone to feel safe and be safe," Elliott said, acknowledging that Oxford is primarily a college town.
Elliott also praised the response to the incident by Miami University students.
A silent protest was organized by Spectrum April 22 outside the Shriver Center. It was a public event.
Elliott said it was well attended by university students and the public.
Students have told other media that incidents like this have happened in Oxford before.
No one at Spectrum or Miami University's LGBT Services responded for comment.
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