Friday, February 04, 2011

DADT Discharges May End, But Discrimination Might Not

The demise of DADT is a huge issue in this area of Virginia with its huge number of military service members in all branches of the U.S. military, but especially the Navy. While things seem to be on track - albeit far to slowly in my view - there are still numerous concerns as to (1) a lack of enforceable anti-discrimination protections and (2) questions as to how the partners (and in some cases, legally married spouses) of service members will be treated. Unfortunately, with DOMA in place and still being defended by or faux "fierce advocate" in the White House,LGBT service members may still remain second class citizens even if allowed to openly serve in the military. Of course, behind all of the continued bigotry is the - in my view - unconstitutional special rights given to conservative Christian religious beliefs in this nation. Equality Matters has a piece that looks at the likely continued problems that will face LGBT service members. Here are some highlights:
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President Barack Obama and Defense Department officials are preparing to provide lesbian and gay service members the space to serve openly without risking expulsion while simultaneously affording them absolutely no legally enforceable anti-discrimination protections once they are visible.
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Sure, they may not be at risk for being discharged after implementation, but they will have no means of sustainable legal recourse if they are discriminated against in any other way (or if the political environment shifts) on the basis of their sexual orientation
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President Obama could make all this go away with an executive order that categorically prohibits discrimination against gay service members. When I asked a White House spokesperson why the president would not issue that mandate, he said on DOD had developed "clear policy guidance"the matter.
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Somehow Obama's assurances that DOD has adopted "policy Guidance" gives me little comfort that LGBT service members will receive full equality. Yes, DADT repeal is a good step, but there's still much to be done.

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