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The Real Reason LGBT Rights Matter.

August 23, 2010

Note: I’m a terrible judge of my own stuff, but something I wrote on a message board as a reaction to another “Obama has a lot on his plate so just be patient” argument got a pretty good reaction, so I’m bringing to the blog. I’ve modified it for clarity and sourcing, and to clean up some mixed metaphors.


The most frustrating part of the fight for LGBT rights is that many people, both inside and outside the community, view it as a grab bag of issues. It isn’t. It’s One Issue with many moving parts, and it really doesn’t matter to me where we succeed first. The work will continue until the One Issue is completed, because in truth the One Issue is more than the sum of its parts.

There’s a reason LGBT people suffer depression and anxiety so much more often than straight people do. There’s a reason we’re twice as likely to suffer PTSD. There’s a reason our youth are three to seven times (depending on environment) more likely to die by suicide.

It’s no coincidence that our statistical 5-10% of the nation’s youth make up 20-40% of all homeless youth, that LGBT homeless youth are 56% more likely to abuse alcohol than straight homeless youth and 76% more likely to have been sexually assaulted.

Solving the One Issue has the side effect of bringing people back from the edge. That’s the real reason the fight is so important. It’s not about me getting married (I won’t) or joining the Marines (it is to laugh). It isn’t about me not getting a job because I’m a fag or being politely turned down for a loan or being turned away from a restaurant or being told my blood is tainted.

It’s about people knowing that they exist, that their lives are real and important, that their government won’t assault them, and that it actually considers them in the same way it considers their parents and siblings and friends. That One Issue is the keystone to all the others.

The U.S. government is, right now, today, harming us with its codified discrimination because people in the majority approve of it. I want that harm to cease, quite selfishly, because I’m one of those people being harmed and I know a lot of other people who are being harmed. And though it irks me to no end, I suppose I shouldn’t think too poorly of people, even those who think they’re our allies, for not wanting it to change badly enough because of their own selfishness.

That doesn’t mean, however, that I’m going to shut up and bow my head until that far off, imaginary, never-to-come day when people in the majority have everything they want and decide it’s okay to finally make the government stop harming people.

No sir.


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Lt. Col. Victor Fehrenbach Seeks Restraining Order to Halt DADT Discharge

August 11, 2010

UPDATE: Rachel Maddow spent tonight’s entire show talking about DADT, including a segment with Lt. Col. Fehrenbach. See the end of the post for video.


We have news this evening (a billion blogs are calling it “breaking”) that attorneys for Lt. Col. Victor Fehrenbach, who was outed when he defended himself against false rape charges, have just requested a temporary restraining order to halt his imminent discharge. Fehrenbach got word last Wednesday that his discharge had been sent to the Secretary of the Air Force. That means his discharge is days, if not hours, away.

Lt. Col. Victor Fehrenbach

Lt. Col. Victor Fehrenbach

From the Servicemembers Legal Defense Network:

Servicemembers Legal Defense Network (SLDN) and Morrison & Foerster LLP (MoFo) filed a request for a temporary restraining order on behalf of their client, Lt. Col. Victor Fehrenbach, seeking to block the Air Force from discharging him under “Don’t Ask, Don’t Tell” (DADT), the discriminatory law barring gay and lesbian service members from serving openly and honestly. The filing in the United States District Court for the District of Idaho, seeks a court order preventing the Air Force from discharging Lt. Col. Fehrenbach, arguing that the government cannot establish that his continued service on active duty hinders “morale, good order and discipline, and unit cohesion.”

The General Counsel’s Office to the Secretary of the Air Force confirmed to MoFo and SLDN that the Air Force Personnel Board recently reviewed Lt. Col. Fehrenbach’s case and has sent a recommendation to Air Force Secretary Michael B. Donley’s designee. According to Air Force regulations, had the Board recommended to retain Lt. Col. Fehrenbach no further action would have been required by the Secretary or his designee (AFI 36-3206 Chapter 6.10 and Chapter 6.10.1). Although SLDN and MoFo understand the Secretary has delegated his authority to act on the Board’s recommendation, Secretary Donley has the power to step in and retain Lt. Col. Fehrenbach. Without action by the Secretary, the Board’s recommendation is expected to stand and Lt. Col. Fehrenbach could be discharged within days.

A request for a temporary restraining order asks the court to prevent irreparable injury to the plaintiff and preserve the status quo until a more complete hearing can be held on the merits of the case. If the court grants the request, the Air Force will be prevented from discharging Lt. Col. Fehrenbach until a full hearing can be scheduled. The Fehrenbach case is among the first to challenge a discharge under DADT by applying the so-called Witt standard. In the case of Air Force Maj. Margaret Witt, the United States Court of Appeals for the Ninth Circuit – which governs the District of Idaho – held that discharging a service member violates the Constitution unless: (1) the government advances “an important governmental interest;” (2) the government shows the intrusion “upon the personal and private li[fe]” of a service member “significantly furthers that interest;” and (3) the government shows the intrusion is “necessary to further that interest.”

Fehrenbach is a many-times decorated 19-year veteran of the US Air Force, and on a personal note, a native of Dayton, Ohio, just a few miles from where I live. Fehrenbach has received nine commendations for 88 missions over the last two decades, including being hand picked to guard the skies over Washington, DC on September 11, 2001.

A statement tonight from Lt. Col. Fehrenbach:

“I have been waiting more than two years for the Air Force to do the right thing by letting me continue to proudly serve my country. To say that I’m disappointed with where things stand would be a monumental understatement — I am crushed. I have given my entire adult life to the Air Force that I love. I have deployed six times and risked my life for my country. In the two years that I’ve been sitting at my desk rather than inside my jet, I’ve offered to deploy numerous times. I’m ready, willing, and able to deploy tomorrow, but I’m barred from deployment, because of this unjust, discriminatory law. Meanwhile, moms and dads, sons and daughters, and my friends go back for the third, fourth, fifth deployments. While our country is engaged in two wars, my service is needed now more than ever.”

I don’t know if it should, but maybe money will give people a reason to give a damn. It is now less than a year before Lt. Col. Fehrenbach’s 20 year retirement. If discharged under DADT, he will lose $46,000 every year for the rest of his life. If he gets a less-than-honorable discharge, which by custom he will because he’s fought his discharge, he will lose an additional $80,000 in separation pay.

Lt. Col. Fehrenbach appeared on The Rachel Maddow Show tonight. Video of that interview, as well as the rest of the night’s DADT show, is embedded below.


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Lt. Dan Choi Officially Fired by National Guard

July 23, 2010

We’ve been waiting for the ax to fall for over a year, and Brigadier General Patrick A. Murphy has finally done it. He’s finished the job of firing Lt. Dan Choi for being gay.

Lt. Choi appeared on the Rachel Maddow Show last night to talk about his firing.

I’m not going to lie; I cried at the end of the interview as these two heroes of the LGBT community paid respect to each other. I know some in the community are frustrated with Rachel’s less aggressive stance, but as Dan said, she has been on this story for a long time, always willing to bring the unvarnished truth about DADT to millions of homes. Rachel Maddow has talked more about the absurdity of Don’t Ask Don’t Tell in the last 18 months than all the rest of cable news combined.

Here’s the important line from the letter that Lt. Choi got on Thursday. This is the unmitigated bigotry that the US government pretends is a respectful end to a soldier’s career after serving his country for over a decade.

Based on the approved board findings that 1LT Choi did publicly admit…that he is a homosexual…I direct 1LT Choi be discharge (sic) from the New York Army National Guard with an Honorable characterization of service.

PATRICK A. MURPHY
Brigadier General, NYARNG
The Adjutant General

But as Lt. Choi said, this is not the end. His voice will continue to be heard as he holds Congress’ and President Obama’s feet to the fire, telling them in no uncertain terms that their job is to do the right thing.

Whatever you do, don't hide.

Whatever you do, don't hide.


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Choi and Pietrangelo Cases Unexpectedly Dropped; DADT Remains In Effect

July 15, 2010

Lt. Dan Choi and Cpt. James Pietrangelo were scheduled to be tried yesterday for handcuffing themselves to the White House fence twice this Spring. Everybody was ready for it. Prosecutor Christina Chang, defense attorneys Ann Wilcox and Mark Goldstone, Choi (in his dress blues, no less) and Pietrangelo, and several witnesses (including the arresting officers) were ready. Even the Secret Service was in the room.

But at the last minute, the federal government dropped the case. GetEqual, the group that staged the protest, released a statement later in the day (excerpted):

Apparently, Prosecutor Christine Chang was unaware of the government’s decision as she stated, “I was ready,” and wasn’t able to explain the last-minute decision not to prosecute.

“Today, truth was the victor against a demeaning, discriminatory law known as ‘Don’t Ask, Don’t Tell,’” said Lt. Dan Choi. “We won’t stop pressing for repeal and pressuring those standing in the way until the day comes when not one more gay or lesbian servicemember is fired. And, as of today, the President refuses to tell us when that day will actually come.”

“It is clear that the government was embarrassed and we were prepared to make them defend this antiquated and homophobic law. The government is afraid of having to defend this issue,” said Cpt. James Pietrangelo II. “The subpoena was an embarrassment for them, ‘Don’t Ask, Don’t Tell’ is an embarrassment for them and, after three months of discovery and preparation, the government dropped the case because they know it’s an embarrassment.”

“Civil disobedience won today,” said Robin McGehee, co-founder and co-director of GetEQUAL. “We’re thrilled today that Dan and Jim’s actions have been validated and that non-violent civil disobedience has been proven again to be effective in combating prejudice. We are proud to stand shoulder-to-shoulder with Dan, Jim and other LGBT active-duty servicemembers who are taking action to end this discriminatory policy.”

Choi and Pietrangelo with their attorneys

Choi and Pietrangelo with their attorneys

So what happened? President Obama has had plenty of embarrassments with LGBT issues lately, and perhaps someone decided this was one too many.

My guess is that the Administration is finally beginning to understand that the strategy of putting off civil rights issues until 2013 has backfired and that Democrats entering midterm elections have a huge credibility problem with the LGBT community.

Remember, DADT is still the law and prosecutions are actively being pursued. Lesbian and gay firings are still happening at a rate of around two firings a day.

Something tells me Choi and Pietrangelo (and the good folks at GetEqual) will keep on making a ruckus until we’re all allowed to serve without fear.


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Enough is Enough: Matt Joins DNC Boycott

July 3, 2010

Don't Ask Don't GiveAlmost nine months ago, John Aravosis and Joe Sudbay of AMERICAblog initiated their “Don’t Ask Don’t Give” campaign, asking LGBT people to stop funding Democratic party campaigns until they actually make a concerted effort to keep their promises. I finally found a chance to join the cause last week when I received a fundraising email signed by Brad Woodhouse, Communications Director of the DNC. Below is my response to his donation request.

Mr. Woodhouse,

In response to your request for a small donation, I must unfortunately reiterate what so many others have said in the last few months. The Democratic party will not see one penny from my pocket until and unless substantial gains are made in the field of LGBT rights.

In 2008, the LGBT community helped give you the White House, the House of Representatives, and a super-majority in the Senate. What we’ve discovered is that there is little difference between a Democratic-led government and the Republican-led government of five years ago. Instead of taking a clear and decisive pro-civil rights stance, you thanked us by running the other way and choosing ***anything*** but LGBT civil rights.

  • You punted repeal of Don’t Ask Don’t Tell, with a compromise that doesn’t actually repeal anything, has yet to be voted on in the Senate or signed by the President, and reportedly is being considered for veto by President Obama.
  • You’ve put off the Employment Non-Discrimination Act until it’s logistically unlikely this year, with Speaker Pelosi characterizing the bill as “controversial” rather than rallying Democrats around this clear issue of civil rights.
  • Repeal of the Defense of Marriage Act isn’t even being considered, no matter how many times President Obama says he’s “urged” Congress to do so.
  • Ending the discriminatory anti-gay blood donation ban has been discussed and rejected with no real push from the DNC to follow the science and penalize risky sex rather than responsible gay men in monogamous relationships for thirty years.
  • Bids to institute state-wide marriage equality have failed in part because of the lack of leadership and funding from the DNC, most notably in Maine last year.
  • Even a bill to offer safety to all school children has failed to find congressional footing because members of Congress get squeamish at the bill’s specific mention of LGBT kids who are many times more likely to be bullied, depressed, isolated, and suicidal than their straight peers.

So no. You will not get my money, you will not get my time, you will not get my voice, and you will not get my vote until you show me that you consider my rights as important as yours.

Candidates who have shown leadership for these completely reasonable LGBT demands retain my support and vote, but until I see substantial leadership and not excuses from the national party, my response remains the same:

NOT. ONE. CENT.

Cordially,

Matthew D. Algren

For far too long, Democrats have viewed LGBT people as nothing more than a committed source of funding and a reliable voting bloc. It’s time to teach them that we’re more than that.

Take the pledge.

Here’s why.


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