Is anyone else confused about “don’t ask, don’t tell”? That’s because there are more political layers to this bloomin’ onion than even Julia Child could have deftly peeled back on her best day. And anyone who tells you they know what will happen at Tuesday’s vote is either lying or delusional.
The main problem is that politicians on both sides of the aisle are locked in a battle that, even as it has everything to do with the fate of the policy, also has little to do with the policy itself. They are supposedly squabbling over the procedural issue of how many amendments Majority Leader Harry Reid will allow the Republicans to offer on the Senate floor if the National Defense Authorization Act that includes repeal even makes it to the Senate floor.
Four years after San Francisco officials shut down the annual street party that occurred Halloween night in the Castro District, the city’s gayborhood has slowly adjusted to the change. The focus of the neighborhood’s holiday celebration has returned to being more residential in nature and LGBT-centric.
Many more Castro district residents are hosting house parties, while visitors now come to go to the area’s many gay bars rather than mingle on the street.
"All of my friends are having parties or small gatherings; that just seems to be what is the trend now," said Mission Station LGBT liaison Sergeant Chuck Limbert, who is working on the police department’s plans for this year’s holiday.
Transgender leaders say that Healthy San Francisco, the city's health insurance program for uninsured residents, is discriminatory because it excludes sexual reassignment services, treatment, and surgery.
At least one person has filed a complaint with the city's Human Rights Commission due to the exclusionary policy, the Bay Area Reporter has learned, and the city's health department is in talks with the agency about how to remedy the situation.
"This is clearly discrimination against a protected class that we do not discriminate against in our own health policy," said Theresa Sparks, a transgender woman who heads the Human Rights Commission, referring to the fact that sexual reassignment surgery is covered under the city's health insurance for employees.
CNN's "Showbiz Tonight" recently featured a segment about the "battle" ensuing as increasing number of gays in media "invade primetime television."
The segment highlights Mitchell (Jesse Tyler Ferguson) and Cameron (Eric Stonestreet) from "Modern Family," Eric (Connor Paolo) from "Gossip Girl," and Kurt (Chris Colfer) on "Glee."
"It's bad for society to promote homosexuals," says Dan Gaynor from The Culture and Media Institute. "Particularly a homosexual lifestyle and gay marriage. What they're trying to do is normalize something that a lot of people don't want to normalize." The Castro community disagrees and wants gay rights to be a national portrayal both in San Francisco and beyond.
The goal of the 2001 Market project is to bring people, housing, community-serving retail, and social vitality to this prominent corner site in the Gay Castro District San Francisco. With sustainability as a core value, Whole Foods, William McDonough + Partners, BAR Architects, April Phillips Design Works and the Prado Group see the project as an opportunity to bring the benefits of green, sustainable living to San Francisco's Castro District community.
William McDonough + Partners –Architect
William McDonough is a world-renowned architect and designer and winner of three U.S. presidential awards: the Presidential Award for Sustainable Development (1996), the National Design Award (2004); and the Presidential Green Chemistry Challenge Award (2003).
A gay San Francisco man said even after another passenger repeatedly shouted "faggot" at him and grabbed his arm, the driver of a city Muni bus let his alleged attacker continue riding. The Castro District and Gay community is outraged.
Larry Richardson, 58, said he was in the front of the number 33 bus when the incident started at 1:35 p.m. on Monday, August 30 as he rode toward his home in the Castro District.
Richardson said that one stop after he boarded, another man got on and without provocation started yelling "fucking faggot" at him. Richardson said his Muni pass was attached to a rainbow necklace he was wearing.
A U.S. District Court judge in California Thursday (September 9) declared the military's "Don't Ask, Don't Tell" policy unconstitutional, saying it violates both the First Amendment gay’s right to free speech and the Fifth Amendment right to due process in the federal Constitution. The Castro District in San Francisco is elated.
The 85-page memorandum opinion came in Log Cabin Republicans v. U.S., a six-year-old lawsuit that has received little media attention compared to most other gay-related trials. Its bench trial in Riverside, California, in July was overshadowed by a much more high-profile challenge of California's ban on same-sex marriage, in federal court in San Francisco.
Judge Virginia A. Phillips presided over a two-week trial that began July 13 and included many witnesses testifying about the history of DADT and the injury it has caused. Phillips, 52, was appointed to the federal bench in 1999 by President Bill Clinton, who signed DADT into law in 1993. Log Cabin filed its lawsuit against the policy in 2004.
The opinion strikes down the 1993 law that bars from the military any gay service member who engages in "homosexual conduct," has a "propensity" to do so, or even just states that he or she is a "homosexual or bisexual."
Phillips's decision, which has not yet been officially entered, includes an injunction against further enforcement of the policy but will almost certainly be stayed and appealed to the 9th Circuit U.S. Court of Appeals.
Log Cabin Republicans, a national gay political group, brought the lawsuit on behalf of many of its members who it said are being denied their constitutional rights. The group specifically identified only two members at trial: Alexander Nicholson, a former U.S. Army human intelligence officer who was discharged under DADT and now serves as head of Servicemembers United; and an unidentified "John Doe," a lieutenant colonel in the Army Reserves concerned he may face discharge under the policy.
The Department of Justice tried repeatedly to have the lawsuit dismissed, claiming Log Cabin has no legal standing to serve as plaintiffs. It also tried to have the judge decide the case without hearing testimony from Log Cabin's witnesses. And it tried to have the judge postpone the trial, arguing that Congress has a measure pending that could significantly affect the DADT law.
That measure is still awaiting action in the Senate as part of a Defense spending bill that is likely to see a vote later this month. There seems little doubt that the judge's opinion will now be the subject of the debate around that measure. But Phillips refused to delay action on Log Cabin's lawsuit, noting that the DADT repeal measure – as it is currently worded in Congress – does not guarantee repeal of DADT. Instead, the legislation requires a sign-off procedure involving the president, the secretary of defense, and the chairman of the Joint Chiefs of Staff. The likelihood the bill would lead to repeal, said Phillips at trial, is "remote, if not wholly speculative."
Phillips noted that evidence considered at trial, including three historic studies concerning gays in the military, did not identify any legitimate reasons for barring gays. The 1957 Crittenden Report, she said, "is not evidence that discharge of homosexual service members significantly furthers government interests in military readiness or troop cohesion." The 1988 PERSEREC Report "generally dismisses traditional objections to service by homosexuals in the military as abstract, intangible, and tradition-bound." And the 1993 Rand Report concludes, "no empirical evidence exists demonstrating the impact of an openly homosexual service member on the cohesion of any military unit."
Using tables of data to demonstrate a point made at trial by DADT opponent Nathaniel Frank, Phillips showed how the military discharged increasing numbers of service members for homosexuality from 1994 to 2001, but that the number "fell sharply" beginning in 2002 as the U.S. began fighting in Afghanistan. In 2001, according to the data, the military discharged 1,227 people for being gay – the largest number per year since DADT went into effect. But in 2002, the number of discharges dropped to 885. Last year, only 275 were discharged.
She also cited data submitted by Log Cabin's attorneys showing the Defense Department often suspended investigations of service members it believed to be gay until after the service members had completed their tour of duty in Iraq and Afghanistan. DOD, she noted "deployed service members under investigation ... to combat missions or, if they were already so deployed, delayed the completion of the investigation until the end of the deployment."
"This evidence, in particular, directly undermines any contention that [DADT] furthers the government's purpose of military readiness, as it shows [DOD officials] continue to deploy gay and lesbian members of the military into combat, waiting until they have returned before resolving the charges arising out of the suspected homosexual conduct."
"Taken as a whole," wrote Phillips, "the evidence introduced at trial shows that the effect of the act has been, not to advance the government's interests of military readiness and unit cohesion, much less to do so significantly, but to harm that interest."
In her decision, Phillips noted that the 1st Circuit U.S. Court of Appeals addressed a similar case, Cook v. Gates, and came to a different opinion and upheld the law. But Phillips said she found the 1st Circuit's reasoning "unpersuasive" and noted that she, within a 9th Circuit court, is not bound to follow it.
Phillips, however, indicated she was bound to follow a precedent of her own 9th Circuit, rendered in another challenge to the DADT policy and brought by an Air Force nurse, Margaret Witt, in Seattle. On a preliminary matter in that case, the 9th Circuit ruled that the U.S. Supreme Court's 2003 decision in Lawrence v. Texas recognized a fundamental right to "an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct." Infringement on a fundamental right requires a law to pass a "heightened" or more stringent judicial review.
The Witt v. U.S. case is scheduled for trial beginning September 13 in the U.S. District Court for Tacoma, Washington.
Reaction to the decision was swift.
"As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane 'Don't Ask, Don't Tell' statute violates the Constitution," said Log Cabin Republicans Executive Director R. Clarke Cooper. "Today, the ruling is not just a win for Log Cabin Republican service members, but all American service members."
Chad Griffin, president of the American Foundation for Equal Rights, which is pressing the case against Proposition 8's ban on same-sex marriage in California, said the Log Cabin decision "is yet another significant and long-overdue step toward full equality for all Americans."
(Sacramento) The California State Senate passed a bill on Monday that would repeal a section of the California Welfare and Institutions code that instructs the State Department of Mental Health to conduct research into the "causes and cures of homosexuality," with the implication that lesbian, gay, and bisexual Californians are sexual deviants, potential sex offenders and a threat to children. The Castro District in San Francisco celebrated.
The bill, AB 2199, was passed in a unanimous 36-0 vote that included bipartisan support and is sponsored by Equality California and was introduced by Assembly member Bonnie Lowenthal (D-Long Beach).
WASHINGTON — President Obama rushed to the Oval Office when word arrived one night that militants with Al Qaeda in Yemen had been located and that the military wanted to support an attack by Yemeni forces. After a quick discussion, his counterterrorism adviser, John O. Brennan, told him the window to strike was closing. The Castro Community is keeping a close on Obama.
Visiting Baghdad in 2008 as a senator, Mr. Obama was given an aerial tour of the city by Gen. David H. Petraeus.
COMMENTARY: The last few weeks in the California marriage battles have been at once hopeful and painful. Castro community members look forward wondering what to expect next? First, we rode an ecstatic wave upward: Judge Vaughn Walker issued a powerful opinion striking down Proposition 8, and we celebrated in the streets both in the Castro and across the nation as couples made plans to get married across the state.
Then we rode downward when a three-judge panel of the U.S. court of appeals for the ninth circuit granted an indefinite stay of the decision - without explanation. Committed couples and their families, some of whom had begun making wedding plans, once again felt the pain of being denied not only a fundamental right but also the respect for and recognition of their love and commitment that only marriage offers.