Matthew Shepard Act to Become Law

In a case of better late than never, the U.S. Senate passed the Matthew Shepard and James Byrd Jr., Hate Crimes Act which now goes to President Obama for signature into law. There are those who object to hate crimes legislation in general, but if hate crimes are going to specifically protect citizens based on other motives for discrimination, then the LGBT community deserves the same enhanced protections. I am sure the homo-hating extremists of the Christian Right will be wetting themselves while in a crazed frenzy over the Act's passage, but it speak volumes that they have never suggested that they not receive the "special rights" that they would deprive from others. Now, Congress needs to get its ass in gear and take on ENDA and the repeal of DOMA and DADT. Here are some highlights from the Washington Post:

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The Senate cleared a historic hate crimes bill for President Obama's signature Thursday, approving new federal penalties for attacks on gays and lesbians. The legislation, which was attached to the conference report for the bill outlining the Pentagon's budget, marks the culmination of a years-long fight by civil-rights groups to codify the expanded protections.

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The law broadens the current definition of federal hate crimes -- which covers attacks motivated by race, color, religion or national origin -- to include those based on gender, sexual orientation, gender identity or disability. It would also create a new federal crime to cover attacks against U.S. military personnel because of their service. The measure was approved, 68 to 29, with a majority of Republicans voting against it. The House passed the same bill Oct. 8, also with most Republicans opposed. Gay rights groups praised the Senate's action.

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The hate crimes measure is named for Matthew Shepard, a gay University of Wyoming student who was murdered in 1998, and James Byrd Jr., a black man who was dragged to death behind a pickup truck in Texas in 1998. Shepard's family founded the Matthew Shepard Foundation, which helped lobby for the measure that is now set to become law. Offered repeatedly by the late Sen. Edward Kennedy (D-Mass.), the bill had stalled previously in the Senate, and President George W. Bush vowed to veto it if it ever reached his desk.

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Social conservatives argued that the hate crimes bill was in violation of the First Amendment, and a step toward a larger gay-rights agenda they strongly oppose. "Expanding hate crimes puts America in lock step with the stated agenda of homosexual activists who will turn next to the so-called Employment Non-discrimination Act, followed by the repeal of the ban on homosexuality in the military and then the Defense of Marriage Act.," the Family Research Council warned on its Web site.

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My, my - feel the hate emanating from the false Christians at FRC and the Klan loving Tony Perkins.

Evangelical Lutheran Church of Sweden Says Yes to Gay Marriage

With some far right members of the Evangelical Lutheran Church in America already having vapors and conniption fits over the Churchwide Assembly vote this past August to allow partnered gay clergy, this move to allow same sex church weddings - which I support completely - by the ELCA's sister Church of Sweden ought to put the Neanderthals into utter aneurysm territory. Hopefully, this will be the beginning of a trend where modern knowledge of the immutability of one's sexual orientation will trump ignorance and bigotry. Here are some highlights from The Local, a Swedish English publication:

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The Synod of the Lutheran Church of Sweden has come down in favour of church weddings for homosexuals in a vote held on Thursday morning. The decision, which is based on a proposal from the church’s governing board, means that the Church of Sweden will conduct wedding ceremonies for both heterosexual and homosexual couples. The proposal was approved by 176 of 249 voting members.

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“The Synod’s decision takes a stance in favour of an inclusive view of people. Regardless of whether one is religious or not, this affects the entire social climate and the view of people’s equal value,” Åsa Regnér, head of the Swedish Association for Sexuality Education (RFSU) - the country's largest gay rights group, said in a statement. In June, the church board took the first step towards permitting same-sex marriages by submitting a petition to the Church of Sweden Synod – the church's highest decision-making body.

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The board proposed the church continue to perform wedding ceremonies following new legislation which came into force on May 1st and grants same-sex couples in Sweden the same legal marriage status as heterosexuals.

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Current church regulations will likely continue to apply in practice, with some alterations, such as replacing “man and wife” with “lawfully wedded spouses” when a homosexual couple is married. Individual pastors would also still be able to refuse to perform marriage ceremonies for same-sex couples.

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The ruling by the Synod, which has 251 delegates - two of which were absent from Thursday's vote, puts Sweden among the first countries in the world to allow gays to marry in a major church.

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Not surprisingly, homophobes in other denominations - which in my opinion have forgotten the real Gospel message - have gone off the deep end as further reported by The Local:

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Representatives from the Catholic and Orthodox churches in Sweden, however, were disappointed by Thursday’s decision.“It is with great sorry that we receive news that the Church of Sweden’s Synod has today decided to wed same-sex couples that it will be referred to as marriage.

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Church of England spokesperson Steve Jenkins confirmed that relations between the two churches may be headed for a turbulent phase in the wake of the decision.

Thursday Morning Male Beauty

Navy to Oust Chief Involved in Bahrain Hazing Scandal - Update

Today's Virginian Pilot has an updated and more detailed story on the Navy's long overdue decision to oust Senior Chief Michael Toussaint (pictured at left) for his reign of sadism while in charge of a canine unit in Bahrain in 2006-2007. Unfortunately, the story does not identify the more senior officer who gave Toussaint when this matter was first investigated. That officer, as well as Toussaint, needs to be ousted from the Navy. Under DADT, honorable LGBT service members are routinely forced from the military yet bastards like Toussaint all too frequently face no consequences and even get promoted. This speaks volumes about the sick mindset among many of the top military brass. One can only hope that Toussaint will ultimately be court martialed and spend some time in prison. Kudos to those who would not let the story die and to Youth Radio which first broke the story on its website. Here are some additional highlights:

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The announcement Wednesday came in response to news reports about an investigation into abusive behavior in the military working dog unit in Bahrain in 2005 and 2006. Sailors told an investigator of being force-fed dog treats, hog-tied to chairs, instructed to act like dogs, and ordered to simulate homosexual oral sex in training videos. Toussaint has returned to the United States from deployment and is on leave, according to a spokesman for the Navy's special warfare command. Toussaint does not wish to comment, the spokesman said.

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Petty Officer 1st Class Shaun Hogan submitted detailed notes about Toussaint's abuse during more than two years under his command. Hogan told the Navy lawyer who originally handled the case that Toussaint routinely made inappropriate comments about and inquiries into sailors' sex lives, and threatened to revoke sailors' dog-handling credentials if they crossed him. Hogan also described Toussaint's directing the filming of training videos that required some sailors to act out lesbian love scenes, others to simulate gay male sex and one to have rubber balls thrown at his crotch, all in a guise of running the dogs - trained to sniff out explosives - through various "real life" scenarios.

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An unnamed commanding officer decided to handle the matter through nonjudicial punishment, and issued Toussaint a nonpunitive letter of reprimand. The other sailor implicated in the inquiry - Petty Officer 1st Class Jennifer Valdivia, who took over for Toussaint - killed herself in Bahrain shortly after learning she would be implicated in the hazing. There, the story seemed to end.
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Two things kept it alive. Hogan returned to New England, entered the Naval Reserve and couldn't stop thinking about what had happened in Bahrain. He requested a copy of the investigation through the Freedom of Information Act and came to believe that he should have done more to stop the abuse as it was happening. Separately, Rocha was on track to become an officer. He finished officer candidate school and enrolled in a Navy prep school to prepare him to enter the Naval Academy. But the abuse he suffered in Bahrain resulted in post-traumatic stress disorder, and Rocha, who is gay, realized that he wasn't ready to be commissioned in a Navy that wouldn't allow him to openly serve. He acknowledged being gay, left the Navy, and enrolled at the University of San Diego. At a gay rights march this year, Rocha told a journalist with Youth Radio, a non-profit journalism organization in California, about what he had endured in Bahrain. He told the student journalists to call Hogan, who had the documents to back up the story.

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A few weeks later, U.S. Rep. Joe Sestak, a retired two-star admiral from Pennsylvania, got wind of the case and asked the Navy to investigate. On Wednesday, Sestak said he's glad Roughead has also asked the Naval Criminal Investigative Service to look into the "command climate" in Bahrain at the time. It's possible those findings could implicate higher-ranking sailors. Sestak, a Democrat, said the Navy's new actions against Toussaint were appropriate but that he still wants to know why the chief petty officer was not prosecuted. "There was criminal behavior that occurred," Sestak said. "Hitting sailors, dragging them through feces, locking them up in kennels, breaking regulations and asking if they were gay. It's outrageous."

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Because of the censure, Toussaint's record will be evaluated by an administrative board that recommends a retirement pay grade for sailors leaving the service under questionable conditions. He could argue to the board that he deserves to retire as a senior chief, Smith said, or waive his right to challenge the board's recommendation. In any case, she said, the Navy will expedite his retirement.

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Gays discharged under DADT lose their retirement. Why is this bastard going to be allowed to retire and draw retirement? The situation is seriously f*cked up.

Norfolk, Virginia, Medical School Professor Signs Anti-Gay Letter to Congress

It is bad enough when one hears the constant anti-gay propaganda from the professional Christian set, but it is even more shocking when one hears such animus from medical professionalsl. Particularly when they are members of a publicly funded medical school faculty where their homophobia could well be imparted to medical students and other doctors. Thus, I was shocked to discover that Judith V. Williams (pictured at left), one of the professors at Eastern Virginia Medical School who also is on staff at the Children's Hospital of the King's Daughters in Norfolk, Virginia, had joined with other pediatricians in a letter to Harry Reid and Nancy Pelosi urging passage of the Federal Marriage Amendment. Equally troubling is that Dr. Williams signed the letter in a manner so as to perhaps use the medical school's name to strengthen the credibility of her anti-gay views. The text of the letter which can be found here at G-A-Y-US sounds as if it were written by Peter LaBarbera or one of the other professional gay haters. Indeed, one has to wonder if Dr. Williams believes in voodoo and witchcraft too. Here are some highlights from the letter signed by Dr. Williams and other homophobes (NOTE: the American College of Peditricians should not be confused with the American Academy of Pediatrics (AAP) which does not put religious belief before children):

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The Board of Directors of the American College of Pediatricians, an organization dedicated to the health and well-being of the youngest of our citizens, its members and supporters strongly urge you to press forward with vigor and amend the Constitution to guarantee that marriage in the United States will forever be defined as the union of one man and one woman.

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We support this amendment because it will prevent the continuing erosion of the safety, nurturance, and protection afforded to children by this time honored marital partnership. Anything less than a Constitutional amendment would allow continued discrimination against those children, few in number now, who are being used by social engineers to support what a small number of selfish adults want, over the needs of potentially hundreds, perhaps eventually thousands, of children.

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Adult wants overwhelmed the needs and best interests of children, and we are continuing to see the dire consequences of that defeat in our medical offices, clinics, and hospitals. What does that have to do with the issue of homosexual parenting? Everything! Again, social scientists, the Media, and a small number of misinformed Pediatricians are disregarding the real needs of children and asking that again in this country there is conducted an uncontrolled, unscientific, social experiment on our children by encouraging their rearing by same-sex parents.

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We, the undersigned, are distressed that some professional medical organizations have ignored both science and tradition in helping to promote this misguided social experiment. Our children deserve better than this and the best science demonstrates that now, as always, children do best when reared by a man and woman, mother and father, married and committed to them.

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Please pass the Federal Marriage Amendment to assure that present and future generations of children will not, once again, fall victim to the triumph of selfish adult wants over their real needs.

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Apparently Dr. Williams thinks it is better for children of LGBT couples - who will continue to exist despite the efforts of bigots like Dr. Williams - be deprived of the legal rights and benefits that would flow from their parents being able to legally marry such as health care insurance, survivor benefits, etc. It's another case of punishing the children while pretending to punish the parents. Her claims that she cares for the best interests of children are obviously disingenuous. It's all too typical of the as backwards thinking of these zealots. Be assured, I DO intend to call EVMS's top leadership and inquire as to whether they (1) agree with Dr. Williams and/or (2) condone her using the medical school's name in signing such a bigoted letter. For anyone desiring to contact Dr. Williams, here is her information:

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Judith V. Williams, MD
Associate Professor of Pediatrics and Dermatology
Eastern Virginia Medical School
Norfolk, Virginia

Phone: (757) 668-7546 (SKIN)

Fax Number: (757) 668-8795

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Here is the information for the medical school's president:

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Harry T. Lester, President

President's Office

Andrews Hall

P.O. Box 1980Norfolk, VA 23501

(757) 446-5200

More Anti-gay Lunacy From Pat Robertson

With Pat Robertson's boy, Bob "Taliban Bob" McDonnell currently ahead in the polls, it is useful to look at the demagoguery that Robertson continues to disseminate in an effort to stigmatize and marginalize LGBT citizens. Anyone who believes that Robertson doesn't openly say what far right GOP candidates like McDonnell and the even scarier Ken Cuccinelli think is deluding themselves. LGBT Virginians should be terrified at the prospect of McDonnell and/or Cuccinelli getting elected next month. Here's a tape of Robertson from the October 20 edition of Christian Broadcasting Network's The 700 Club via Media Matters engaging in another episode of diarrhea of the mouth - which discloses just how extreme a nut job and homophobe he has become.




Oh, and Pat, the boyfriend and I WOULD like to get married - not that it would be recognized in anti-gay Virginia. The decision is still out, but we may yet go to a state or country that allows gay marriage in order to get married. Unlike many of your evangelical listeners who have had multiple marriages (despite the Gospel prohibition against divorce), it would truly mean something to us. And in terms of "destroying marriage," I would note that there would be far fewer failed marriages if you and fellow demagogues stopped telling gays to marry and "change." In case you haven't noticed, your "ex-gay" ministries are bogus and do not work and these "mixed" marriages end in divorce.

More Wednesday Male Beauty

Jody Wagner for Virginia Lieutenant Governor

As the campaigns in Virginia move into the home stretch, I attended a fundraiser this evening for Jody Wagner, the Democrat candidate for Lieutenant Governor of Virginia. I have known Jody for many years, first from working as opposing counsel on some legal matters years ago when she was in private law practice. Later, when I served on the Virginia College Building Authority - the authority that issues all bonds for Virginia's public colleges and universities and certain qualifying 501(c)(3) tax-exempt universities - from 2000 to 2004, I again had the opportunity to work with Jody. She is smart, competent, dedicated and shows up on the job when required. Her GOP opponent, Bill Bolling, happily accepts his government salary, yet showed up for only 6% of the meetings of the boards and commissions of which the Lieutenant Governor is a member. Worse yet, Bolling speaks out of both sides of his mouth depending upon whether his past positions and voting record are convenient or not.

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I am not the only one to recognize Jody as the far better choice for Lieutenant Governor. The Washington Post endorsed her in its October 19, 2009 editorial. Bolling has been a do nothing Lieutenant Governor and worse yet, he lacks principles and will do whatever bidding the lunatic Republican Party of Virginia base dictates. Like the rest of the GOP statewide ticket, Bolling has no understanding of the concept of separation of church and state - something that should frighten every voter other than hard core Christianists. Here are some highlights from the Post's endorsement:

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JODY WAGNER, Virginia's former secretary of finance, is the sort of Democrat that helped cement the Old Dominion's status as among the cleanest, best managed and most business-friendly states in the country. She is easily the better choice as Virginia's next lieutenant governor and would represent a sharp improvement over the incumbent Republican seeking reelection, Bill Bolling.

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Smart, tough-minded and capable, Ms. Wagner would be among the best-prepared public officials to assume the job. A former corporate lawyer, she started a successful family business (making kettle corn) before going to work for then-Gov. Mark R. Warner (D). Then, as Mr. Kaine's finance secretary -- she resigned this year to launch her campaign -- she developed an authoritative command of state government, spending and income, critical knowledge for the challenges posed by the recession.

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Unlike the usual run of officeholders in Richmond, she is more pragmatist and problem-solver than partisan political warrior. As the only one of the six statewide candidates to have had hands-on experience with the state's budget, she would be uniquely well placed to serve as a resource for whichever candidate is elected governor.

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Of particular interest to Northern Virginia, his [Bolling's] ideas on transportation funding are patently unworkable. He proposes raiding already bare-bones core state services to pay for transportation but bobs, weaves and ducks when pressed to say which ones -- education? public safety? human services? health? -- he would target.

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For LGBT voters, Jody Wagner is also the far better choice. Unlike Bolling, she is not a tool of the Christianists like Pat Robertson, The Family Foundation, and other mouth pieces for the anti-gay far right GOP base. I know first hand that Jody supports equality under the civil laws for ALL Virginians, not just those who toe the line with Christianist religious beliefs. I urge all Virginia readers to get out and vote on November 3, 2009. If you don't live in Virginia but have relatives and friends that do, PLEASE urge them to get out and vote for Jody Wagner.

NYPD Arresting Gays on Charges Ruled Unconstitutional 26 Years Ago

I have said many times on this blog that after 32+ years as an attorney, I have little or no faith in the justice system in the USA - especially when the targeted individuals are LGBT citizens. I suspect other minorities are likewise failed by the legal and judicial system regularly. A story out of New York City reported by Slate demonstrates just how screwed up the system is where police charge individuals under a statute stuck down as unconstitutional over a quarter of a century ago. Insult is added to injury by the incompetent/homophobic judges who do not throw out the charges unless and until confronted by defense counsel. Unfortunately, the situation in New york is not uncommon - after laws are struck down by appellate courts, it is rare that the legislative body goes back and repeals the law. A case in point is Virginia's sodomy statute that was struck down by the U. S. Supreme Court in Lawrence v. Texas. The statute is STILL set out in the Code of Virginia even though it was ruled unconstitutional six (6) years ago. Here are some highlights from the Slate story:

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In 1983, New York's high court struck down as unconstitutional a 1960s-era provision that made it illegal to cruise—that is, to hit on someone in a public place. And yet in the 26 years since, on thousands of occasions, the New York Police Department has continued to enforce the defunct law, historically used to target gay people.

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Whatever one may think of cruising and whether it should be prohibited, the court's ruling should have killed off the statute. Instead, in the 26 years of this law's odd posthumous career, district attorneys brought 4,750 prosecutions and judges convicted 2,550 defendants. For violating an imaginary law, these defendants paid a decidedly non-imaginary $70,000 in bail and $190,000 in court fees and fines. In the last 10 years, NYPD officers also issued 9,693 citations, forcing citizens to pay $71,000 in fees. The criminal records of these victims have never been expunged and the fees and fines have not been refunded.

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In March 2008, civil rights lawyers brought a class action in federal court on behalf of the thousands of people unconstitutionally arrested, cited, and prosecuted under the defunct anti-cruising law. In May, Judge Shira Scheindlin ordered the City of New York to send letters to the police, district attorneys, and trial judges to remind them that the anti-cruising law was void and should no longer be enforced. NYPD brass sent out a bulletin to officers stating that in each officer's personal copy of the penal code, the law should be "stricken by drawing a line through it in black ink." (After 26 years, the law was still on the books because the legislature had never repealed it.)

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Obviously, there needs to be an investigation of NYPD and how this injustice was allowed to go on for decades. Was there no one in an oversight position to notice the statute was invalid? Unfortunately, I doubt that the situation in New York is the least bit unique. Moreover, given the homophobia exhibited by far too many police officers, some citations were probably written just to jerk the gay victims around. As for the judges reviewing these charges, most probably were too incompetent to know the statute had been struck down, while the rest were more than happy to convict the faggots. Our judicial and legal system is seriously screwed up and most politicians could care less.

Navy to Oust Chief Petty Officer Involved in Bahrain Hazing Scandal

While there seriously needs to be an investigation into why Senior Chief Michael Toussaint was ever promoted as opposed to being discharged long before now, at least the media and blog coverage of this outrageous case has forced the Navy's hand to take this initial step. Not that it will bring back Petty Officer 1st Class Jennifer Valdivia or undo the anti-gay hazing endured by Joseph Rocha (pictured at left) who was forced from the military. Meanwhile, somebody needs to explain (1) why more senior officers allowed this disaster to go on for an extended period and (2) why more senior officers are not being held accountable. I would also note that it is outrageous is that gays discharged from the military lose their retirement, yet it sounds like Toussaint will not receive equally harsh treatment. Also, did he receive a re-enlistment bonus? If so, that should be returned. Here are highlights from the preliminary story in today's Virginian Pilot (more details may be available tomorrow):

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The senior chief petty officer at the center of a scandal over sexually provocative hazing and abuse of junior sailors in Bahrain will be forced to retire in January, a Navy official said today. Senior Chief Michael Toussaint, a dog handler assigned to Naval Special Warfare Group 2 in Virginia Beach, has also received a letter of censure from the Secretary of the Navy.

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Smith said Adm. Gary Roughead, the chief of naval operations, canceled Toussaint’s enlistment extension, which will force him to leave active duty and retire in January. He won’t necessarily be able to retire as a senior chief: Navy officials ordered that he be subject to “retirement pay grade determination,” in which the secretary of the Navy will decide at what pay grade he may retire.

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A command investigation completed in January 2007 substantiated more than 90 instances of abuse, including sailors being forcing to simulate homosexual oral sex in training videos, being force-fed dog treats and being locked in a kennel. Toussaint, who sailors said ordered many of the actions, had already transferred to another job and subsequently was promoted. The woman who took his place, Petty Officer 1st Class Jennifer Valdivia, took her own life in Bahrain after she was notified that she had been implicated in the investigation.

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Petty Officer 3rd Class Joseph Rocha, one of the sailors subjected to the abuse, later left the Navy after suffering from post-traumatic stress disorder related to the hazing. Rocha said he was often singled out for being gay after refusing to hire prostitutes. He eventually acknowledged being gay and left the Navy. He is now using his story to advocate for the repeal of the so-called Don’t Ask, Don’t Tell policy that prohibits openly gay men and women from serving in the military.