Pentagon Ends Ban on Transgender Service Effective Immediately!

Secretary of Defense Ashton Carter announced today that, effective immediately, transgender people will be allowed to serve in the United States military without fear of separation from the armed forces due to their gender identity or gender expression.

NBC News reports:

Transgender men and women will be allowed to openly serve in the military, Secretary of Defense Ash Carter announced on Thursday — the latest move in a series of historic shifts on gender policy for the nation's military. 

"This is the right thing to do for our people and for the force," Carter said. "We're talking about talented Americans who are serving with distinction or who want the opportunity to serve. We can't allow barriers unrelated to a person's qualifications (to) prevent us from recruiting and retaining those who can best accomplish the mission." 

[...] 

By October, the Department of Defense will craft and distribute a commanders' training handbook, medical protocol and guidance for changing a service member's gender in the Defense Eligibility Enrollment System. That is also the deadline that all the services will be required to provide medically appropriate care and treatment to transgender service members, according to Department of Defense protocols. 

Current members of the armed forces with a diagnosis from a military physician that gender transition is medically needed will receive that care.
However, DoD "policy will require an individual to have completed any medical treatment that their doctor has determined is necessary in connection with their gender transition, and to have been stable in their preferred gender for 18 months, as certified by their doctor, before they can enter the military," according to the Pentagon.

The number of people who will be affected by the policy change is much smaller than the similar policy change when the ban on members of the LGB community serving in the military was ended in 2010. The estimates range from 2,500 to 15,000, which is approximately 0.1% of the 1.3 million members of the U.S. military.

LGBT HISTORY: Obama Designates Stonewall National Monument

President Obama is celebrating the one-year anniversary of marriage equality and LGBT Pride month by designating the Stonewall Inn and its environs the Stonewall National Monument! The Stonewall Inn is widely regarded as the site of the uprisings which sparked the development of the modern LGBT equality movement in June 1969. The video above (narrated by the President) discusses the history of Stonewall and gives the rationale for the designation.

The designation will create the first official National Park Service unit dedicated to telling the story of LGBT Americans, just days before the one year anniversary of the landmark Supreme Court decision guaranteeing marriage equality in all 50 states. Additionally, in celebration of the designation and New York City’s Pride festival, the White House, in coordination with the National Park Foundation and the Outdoor Advertising Association of America, is releasing a video that will be played on the billboards in Times Square on Saturday, June 25, beginning at 12:00pm ET. 

The new Stonewall National Monument will permanently protect Christopher Park, a historic community park at the intersection of Christopher Street, West 4th Street and Grove Street directly across from the Stonewall Inn in Manhattan’s Greenwich Village. The monument’s boundary encompasses approximately 7.7 acres of land, including Christopher Park, the Stonewall Inn, and the surrounding streets and sidewalks that were the site of the 1969 Stonewall Uprising. 

Thanks, President Obama! 

Today is the International Day Against Homophobia and Transphobia (IDAHOT)

Statement by the President on the International Day Against Homophobia and Transphobia

On May 17, Americans and people around the world mark the International Day Against Homophobia and Transphobia by reaffirming the dignity and inherent worth of all people, regardless of who they love or their gender identity.

Our nation is committed to the principle that all people should be treated fairly and with respect. Advancing this goal has long been a cornerstone of American diplomacy, and I am proud that my Administration has made advancing the human rights of LGBT individuals a specific focus of our engagement around the world. I am also proud of the great strides that our nation has made at home in recent years, including that we now have marriage equality as a result of last year’s landmark Supreme Court decision.

At the same time, there is much work to be done to combat homophobia and transphobia, both at home and abroad.‎ In too many places, LGBT individuals grow up forced to conceal or deny who they truly are for fear of persecution, discrimination, and violence. All nations and all communities can, and must, do better. Fortunately, human rights champions and good citizens around the world continue to strive towards this goal every day by lifting up the simple truth that LGBT rights are human rights. The United States honors their work and will continue to support them in their struggle for human dignity.me Court decision.

At the same time, there is much work to be done to combat homophobia and transphobia, both at home and abroad.‎ In too many places, LGBT individuals grow up forced to conceal or deny who they truly are for fear of persecution, discrimination, and violence. All nations and all communities can, and must, do better. Fortunately, human rights champions and good citizens around the world continue to strive towards this goal every day by lifting up the simple truth that LGBT rights are human rights. The United States honors their work and will continue to support them in their struggle for human dignity.

QUEER QUOTE: Democrats Praise 4th U.S. Circuit Ruling In Favor Of Transgender Student

The 4th U.S. Circuit has upheld the Obama Administration's Education Department non-discrimination policy in a dispute with a Virginia school district over the rights of a transgender student to access education according to their preferred gender identity. The ruling is in the case of transgender male student Gavin Grimm in his lawsuit against the Gloucester County School Board, who has enacted a policy that said that every student had to access restrooms and changing facilities based on their "biological sex at birth" and not their gender identity.

Chris Geidner of Buzzfeed reports:

The decision is a big victory for the Obama administration, which weighed in at the appeals court to support Grimm’s challenge, and the Equal Employment Opportunity Commission, which has been pressing the case for protecting LGBT people under existing civil rights laws since 2012.  

The appeals court had heard the arguments in January, and Tuesday’s ruling is the first such ruling on the Obama administration’s policy — which it also has advanced regarding the sex discrimination ban under Title VII of the Civil Rights Act of 1964. 

Among the states included in the 4th Circuit is North Carolina, which recently passed a law limiting restroom use in government facilities — including schools and universities — to that which corresponds with a person’s “biological sex.” The ACLU, which is backing Grimm’s suit, also has brought suit against the North Carolina law.

The Democratic National Committee sent the following statement praising the ruling:

“This court victory affirms that there is no commonsense reason to bar transgender students from using the restroom that aligns with their gender identity and that doing so is discriminatory and harmful. This ruling sets precedent in five states, including North Carolina, where Republican legislators and the Republican governor have embraced the exact type of discrimination that the court today has overruled. Republican legislators who continue to push anti-LGBT measures and the Republican presidential candidates who fan the flames of discrimination with ignorant rhetoric have been exposed by this ruling for what they’re truly peddling. Just this week, one of the Republican presidential candidates told victims of discrimination to ‘get over it.’ Well, it’s time for the Republican Party to get over their anti-LGBT bias and join the rest of the country in embracing the full equality of every American.”

 Congrats!

EEOC Rules Sexual Orientation Employment Discrimination Is Barred By Federal Law

Another bad day for heterosexual supremacists! We will have to start calling the summer of 2015 "rainbow summer"! Buzzfeed's Chris Geidner is reporting that the Equal Employment Opportunity Commission has (finally) ruled that sexual orientation is covered under Title VII of the Civil Rights Act of 1964. This means that nationwide, under federal law, you can not be discriminated against based on your sexual orientation. The EEOC had previously ruled in 2012 that gender identity or expression was covered under the term "sex," which meant that discrimination against transgender individual was illegal under federal law.


Geidner explains:

The commission found that sexual orientation discrimination is sex discrimination for several reasons. Among the reasons, the commission stated, is because sexual orientation discrimination “necessarily entails treating an employee less favorably because of the employee’s sex” and “because it is associational discrimination on the basis of sex.”   

After a review of the case law regarding similar challenges to employment practices alleging a violation of Title VII where the initial understanding of the law would not have included that coverage, the commission stated, “The courts have gone where the principles of Title VII have directed.”

“Our task is the same,” the decision found. “We therefore conclude that Complainant’s allegations of discrimination on the basis of sexual orientation state a claim of discrimination on the basis of sex. We further conclude that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex.”

This is a huge deal! This means that in the  28 states which do not have state laws containing protections against employment discrimination based on sexual orientation, LGB people will have access to the EEOc process based upon federal law. This issue will become more salient as now that marriage equality is the law of the land nationwide, people's marital status may "out" them in the workplace, thus causing them to be subject to anti-LGB animus in many jurisdictions. This EEOC decision will provide many people with some measure of protection and recourse. However, we should not forget that LGBT people will still be able to be discriminated against in housing, credit, education and public accommodations in more than half the states.

QUEER QUOTE: U.S. Attorney General Lynch Announces Full Federal Benefits For Married Same-Sex Couples

United States Attorney General Loretta Lynch issued this statement today declaring that all married same-sex couples will have access to federal benefits based on marriage.

 “Following the Supreme Court’s historic decision in Obergefell that every couple has the same right to participate in the institution of marriage, whether the partners are of the same-sex or opposite sexes, I directed Justice Department staff to work with the agencies to ensure that the ruling be given full effect across the federal government.  Thanks to their leadership and the quick work of the Social Security Administration and the Department of Veterans Affairs, today I am proud to announce that the critical programs for veterans and elderly and disabled Americans, which previously could not give effect to the marriages of couples living in states that did not recognize those marriages, will now provide federal recognition for all marriages nationwide.  The agencies are currently working towards providing guidance to implement this change in law.  Just over a year ago, Attorney General Holder announced that agencies across the federal government had implemented the Supreme Court’s Windsor decision by treating married same-sex couples the same as married opposite-sex couples to the greatest extent possible under the law as it then stood.  With the Supreme Court’s new ruling that the Constitution requires marriage equality, we have now taken the further step of ensuring that all federal benefits will be available equally to married couples in all 50 states, the District of Columbia and the US Territories.  The department will continue to work across the administration to fulfill our commitment to equal treatment for all Americans, including equal access to the benefits of marriage that the Obergefell decision guarantees.”

Hat/tip to Joe Jervis

QUEER QUOTE: U.S. Attorney General Loretta Lynch On Historic Marriage Equality Ruling

United States Attorney General Loretta Lynch released a statement on the occasion of the historic Supreme Court's decision legalizing marriage equality nationwide in Obergefell v. Hodges today:

“Today, the Supreme Court of the United States has recognized the equality, dignity and essential humanity of our gay and lesbian brothers and sisters and reaffirmed this country’s bedrock principle – engraved over the entrance to the Court itself – that all Americans are entitled to equal justice under law.  By putting an end to an era of state-sanctioned discrimination, the decision lights the way to a future of acceptance, inclusion and opportunity for gay and lesbian Americans and their families.  It encapsulates a nation’s enormous leap of understanding – rooted in compassion, tolerance and empathy – and reflects the countless hearts touched and minds opened along the way.  It vindicates an idea whose time has come at last.  

Today’s result would not have been possible without the passionate advocacy and innumerable acts of personal bravery of generations of leaders, who have fought for the simple freedom to pursue their own happiness with those whom they love.  Their fight, galvanized by the Stonewall riots nearly a half-century ago, was waged in the face of pervasive bigotry and widespread resistance and its progress was never guaranteed.  But after too many lifetimes of isolation, humiliation and harassment – and steeled by unimaginable courage and indomitable conviction – gay and lesbian citizens across the country bravely came out into the open and awakened the conscience of a nation.  Their courage has led us to this day; to a decision from the nation’s highest court declaring them to have full and equal rights to marry in the country they fought to change; and to a victory that they have justly and finally won.I have no illusions that Obergefell v. Hodges spells the end of anti-gay prejudice.  

Difficult legal issues lie ahead and the protections written into law are not all they should be. That’s why this march must go on and why this cause will endure, until all Americans – regardless of sexual orientation – are afforded the equal rights, equal treatment and equal opportunity they deserve. But on a day like today – a day that marks a watershed moment in the progress of this movement, in the story of this community and in the history of this nation – it is proper that we pause and take stock of just how far we have come. The Justice Department is proud to have been a part of this journey, from Attorney General Eric Holder’s unwavering leadership in advancing the cause of equality to the groundbreaking progress we have witnessed today. Going forward, we are committed to standing on the side of equality – and standing with the LGBT community – to keep up the fight for safety, opportunity, dignity and justice for all.”

Today Is International Day Against Homophobia, Transphobia & Biphobia

Today is May 17th, the day which is becoming universally recognized as IDAHOT, the international day against homophobia, transphobia and biphobia. In fact, the White House issued a statement by President Barack Obama:

Michelle and I join our fellow Americans and others around the world in commemorating the International Day Against Homophobia and Transphobia tomorrow, May 17.  We take this opportunity to reaffirm that lesbian, gay, bisexual, and transgender (LGBT) rights are human rights, to celebrate the dignity of every person, and to underscore that all people deserve to live free from fear, violence, and discrimination, regardless of who they are or whom they love.  

We work toward this goal every day. Here at home, we are working to end bias-motivated violence, combat discrimination in the workplace, and address the specific needs of transgender persons.  Overseas, I am proud of the steps that the United States has taken to prioritize the protection and promotion of LGBT rights in our diplomacy and global outreach. 

There is much more to do, and this fight for equality will not be won in a day.  But we will keep working, at home and abroad, and we will keep fighting, for however long it takes until we are all able to live free and equal in dignity and rights.

 National Security Adviser Susan Rice took the opportunity to issue a statement that condemns the recent murderously homophobic remarks by Gambian President Jammeh.

The recent unconscionable comments by Gambian President Yahya Jammeh underscore why we must continue to seek a world in which no one lives in fear of violence or persecution because of who they are or whom they love. We condemn his comments, and note these threats come amid an alarming deterioration of the broader human rights situation in The Gambia. We are deeply concerned about credible reports of torture, suspicious disappearances – including of two American citizens - and arbitrary detention at the government's hands. 

The United States in late 2014 acted on The Gambia’s crackdown against its LGBT community and wider human rights violations by ending trade preferences, and we are reviewing what additional actions are appropriate to respond to this worsening situation. 

We repeat our call for the Gambian government, and all governments, to lead inclusively, repudiate intolerance, and promote respect for the universal rights and fundamental freedoms of all people.

Additionally, the White House released a fact sheet summarizing the numerous measures the Obama administration has taken which benefit the international LGBT Community. Some highlights:

• On December 6, 2011, President Obama released the Presidential Memorandum on International Initiatives to Advance the Human Rights of LGBT Persons, which directs departments and agencies to combat criminalization of LGBT status or conduct abroad; protect vulnerable LGBT refugees or asylum seekers; enhance assistance to protect human rights and advance nondiscrimination for LGBT persons; and help ensure swift and meaningful responses to human rights abuses of LGBT persons abroad.
• In February 2015, Secretary of State John Kerry announced the appointment of Randy Berry as the first-ever Special Envoy for the Human Rights of LGBT Persons.  Special Envoy Berry joins USAID Senior Coordinator Todd Larson in leading the U.S. Government’s efforts to advance the human rights of LGBT persons.  Six openly gay U.S. Ambassadors are serving at Embassies around the world.  And, this year, the Peace Corps also created a position devoted to training staff to support LGBT Peace Corps Volunteers. 
• With the support of the United States, the World Health Organization has begun discussions on the negative repercussions of stigma, discrimination, and other barriers to care for LGBT persons in the health system as a whole.  In 2013 the Pan-American Health Organization passed a ground-breaking resolution on LGBT health, which emphasized that equal access to care is a health issue and called on countries to collect data on access to health care and health facilities for their LGBT population. 
• Since its inception in 2011, the State Department’s Global Equality Fund, a partnership of 11 governments as well as a number of corporations and private foundations, has allocated more than $19 million to frontline advocates in 50 countries. 
• In June 2014 the White House hosted the first-ever Global LGBT Human Rights Forum, which brought together the faith community, private sector, philanthropy, HIV and other health advocates, LGBT activists from around the world, and the broader human rights community to discuss how to work together with the U.S. government and others to promote respect for the human rights of LGBT individuals around the world.  National Security Advisory Susan Rice delivered keynote remarks. 

This is just a few of the highlights of the impressive accomplishments of the Obama administration in this area.

Happy IDAHOT!

QUEER QUOTE: Federal Government Urges Supreme Court To Strike Down All State Bans On Marriage Equality

The federal government headed by President Barack Obama and represented in court by the Justice Department headed by Attorney General Eric Holder has filed a brief with the United States Supreme Court urging an end to all state bans on marriage equality throughout the nation. This following excerpt is today's Queer Quote:

“The marriage bans challenged in these cases impermissibly exclude lesbian and gay couples from the rights, responsibilities, and status of civil marriage. These facially discriminatory laws impose concrete harms on same-sex couples and send the inescapable message that same-sex couples and their children are second-class families, unworthy of the recognition and benefits that opposite-sex couples take for granted. The bans cannot be reconciled with the fundamental constitutional guarantee of ‘equal protection of the laws.’”

This is a significant development because it was not that long ago the federal government was defending it's own federal ban on the recognition of marriage equality in court, a position the government abandoned almost exactly four years ago, and a few years later the Supreme Court struck down the so-called Defense of Marriage Act.

It is expected that the federal government may ask for time to argue it's position in the recently announced oral arguments in the marriage equality cases to be heard by the court on April 28.

QUEER QUOTE: Justice Department Now Agrees 1964 Civil Rights Act Protects Transgender People

There has been an interesting (and important) development late in the year in LGBT equality! The question of whether discrimination on the basis of gender identity or expression is covered under prohibitions against "sex discrimination" has been hotly debated for years. The Equal Employment Opportunity Commission (EEOC) issued a ruling in Macy v. Holder in 2012 which said that they believe that discrimination against transgender individuals is illegal sex discrimination under federal law. The U.S. Department of Labor used that ruling to issue an announcement in 2014 that the agency also believes employment discrimination against transgender individuals is illegal under federal law.

Chris Geidner of Buzzfeed reports that on December 15, 2014 the Attorney General of the United States sent out a memorandum basically agreeing with the EEOC and Labor Department's interpretation of Title VII of the 1964 Civil Right Act that prohibition of sex discrimination in employment includes transgender employees.

This is a huge deal because there is no federal law enacted by Congress prohibiting discrimination against LGBT employees and only a dozen states have enacted state laws protecting civil rights based on gender identity or gender expression (in contrast to over 20 states that have law protecting civil rights based on sexual orientation). Thus the Justice Department reversing its previously held position and now endorsing the concept that "sex" includes "gender identity or expression" is very significant.

Here's a key excerpt from the Attorney General's memorandum (Treatment ofTransgender Employment Discrimination Claims Under Title VII of the Civil Rights Act of 1964 ) which is today's Queer Quote:

After considering the text of Title VII, the relevant Supreme Court case law interpreting the statute, and the developing jurisprudence in this area, I have determined that the best reading of Title VII' s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination "because of ... sex" includes discrimination because an employee's genderidentification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex. As the Court explained in Price Waterhouse, by using "the simple words 'because of,' ... Congress meant to obligate" a Title VII plaintiff to prove only "that the employer relied upon sex-based considerations in coming to its decision." 490 U.S. at 241-242.It follows that, as a matter of plain meaning, Title VII' s prohibition against discrimination "because of ... sex" encompasses discrimination founded on sex-based considerations, including discrimination based on an employee's transitioning to, or identifying as, a different sex altogether. Although Congress may not have had such claims in mind when it enacted Title VII, the Supreme Court has made clear that Title VII must be interpreted according to its plain text, noting that "statutory prohibitions often go beyond the principal evil to cover reasonablycomparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed." Oncale v. Sundowner Offshore Servs., 523 U.S. 75, 79 (1998). 

It basically says what I said, but in a lot more words, and using Supreme Court precedent. This is a very important result and it will be interesting to see if this signals the next evolution of civil rights jurisprudence which is that discrimination on the basis of sexual orientation (i.e. against LGB people) is also sex discrimination. I have believed that it is, and the best explanation for why this is I have ever read is in Andrew Koppelman's  now seminal 1994 law review article "Why Discrimination Against Lesbians and Gay Men is Sex Discrimination."

The interesting situation now is that currently the T in LGBT have federal employment protections while the LGB do not, while the LGB have many more states where they are protected under state law and the T are not. Surely this untenable status quo can not be maintained for long.

 Hat/tip to Chris Geidner

U.S. Senate Confirms 10th Openly LGBT Federal Judge Under Obama, Robert Pittman of Texas

Robert L. Pittman of Texas has become the first openly gay federal judge in Texas and the 10th openly LGBT member of the federal judiciary nominated by President Barack Obama thanks to actions the Senate took before adjourning yesterday.

Eric Holder, 1st Black U.S. Attorney General, Announces Resignation

Eric Holder, the United States' first African American Attorney General, announced his resignation today in Washington. Holder is a staunch ally of LGBT equality, a champion for social justice and a strong supporter of civil rights.

Here is what he said today:

I come to this moment with very mixed emotions.  Proud of what the men and women of the Department of Justice have accomplished over the last six years and, at the same time, very sad that I will not be a formal part of the great things that this department and this President will accomplish over the next two. I want to thank you, Mr. President, for the opportunity you gave me to serve and for giving me the greatest honor of my professional life.  We have been great colleagues, but the bonds between us are much deeper than that.  In good times and bad, in things personal and professional, you have been there for me.  I am proud to call you my friend.  I am also grateful for the support you have given me and the department as we have made real the visions that you and I have always shared.  I often think of those early talks between us and our belief that we might help to craft a more perfect Union.  Work remains to be done – but our list of accomplishments is real.  Over the last six years, our Administration has made historic gains in realizing the principles of the founding documents, and fought to protect the most sacred of American rights: the right to vote.  We have begun to realize the promise of equality for our LGBT brothers and sisters and their families.  We have begun to significantly reform our criminal justice system and reconnect those who bravely serve in law enforcement with the communities they protect.  We have kept faith with our belief in the power of the greatest judicial system the world has ever known to fairly and effectively adjudicate any cases that are brought before it, including those that involve the security of the nation we both love so dearly.  We have taken steps to protect the environment and make more fair the rules by which our commercial enterprises operate.  And we have held accountable those who would harm the American people either through violent means or the misuse of economic or political power. I have loved the Department of Justice ever since, as a young boy, I watched Robert Kennedy prove during the Civil Rights Movement how the department can – and must – always be a force for that which is right.  I hope that I have done honor to the faith you placed in me, Mr. President, and to the legacy of all those that served before me. I would also like to thank the Vice President, who I have known for so many years and in whom I have found great wisdom, unwavering support, and a shared vision of what America can, and should, be.  I want to recognize my good friend Valerie Jarrett, whom I’ve been fortunate to work with from the beginning of what started as an improbable, idealistic effort by a young senator from Illinois who we were both right to believe would achieve greatness.  I have had the opportunity to serve in your distinguished Cabinet and worked with a White House staff, ably led by Denis McDonough, that has done much to make real the promise of our democracy.  And each of the men and women who I have come to know will be lifelong friends. Whatever my accomplishments, they could not have been achieved without the love, support, and guidance of two people who are not with me today.  My parents, Eric and Miriam Holder, nurtured me and my accomplished brother William and made us believe in the value of individual effort and the greatness of this nation.
 My time in public service, which now comes to an end, would not have been possible without the sacrifices – too often unfair – made by the best three kids a father could ask for.  Thank you, Maya, Brooke, and Buddy.
 And finally I want to thank the woman who sacrificed the most and allowed me to follow my dreams.  She is the foundation of all that our family is and the basis of all that I have become.  My wife, Sharon, is the unsung hero and my life partner.  Thank you for all that you have done.  I love you. In the months ahead, I will leave the Department of Justice – but I will never leave the work.  I will continue to serve and try to find ways to make our nation even more true to its founding ideals.  I thank the dedicated public servants who form the backbone of the United States Department of Justice for their tireless work over the past six years, for the efforts they will continue, and for the progress they made that will outlast us all. And I thank you all for joining me on a journey that now moves in another direction, but that will always be guided by the pursuit of justice and aimed at the North Star.    

It will be interesting to see who replaces him to lead the Department of Justice, and how obstreperous the Republicans in the Senate will be towards any potential nominee, especially since that nomination will probably not happen until after the 2014 elections.

GODLESS WEDNESDAY: Air Force Agrees To Omit 'So Help Me God' From Enlistment Oath

Well, that was fast! In Last week's Godless Wednesday we discussed the plight of an unarmed airman who was bing threatened with the inability to re-enlist in November without violating his beliefs thanks to a newly enforced policy that all enlistees must not alter the enlistment oath, which incliudes the words "so help me God."

This week comes the glad tidings that the Air Force will indeed allow people to reenlist without forcing them to swear obeisance to a deity.

Following a review of the policy by the Department of Defense General Counsel, the Air Force will now permit airmen to omit the phrase, should they so choose. That change is effective immediately, according to an Air Force statement. 

“We take any instance in which Airmen report concerns regarding religious freedom seriously,” Secretary of the Air Force Deborah Lee James said in the statement. “We are making the appropriate adjustments to ensure our Airmen’s rights are protected. 

“The Air Force will be updating the instructions for both enlisted and commissioned Airmen to reflect these changes in the coming weeks, but the policy change is effective now. Airmen who choose to omit the words ‘So help me God’ from enlistment and officer appointment oaths may do so.”

It's so rare that we have good news to report on Godless Wednesday! This news that the policy has changed to increase religious freedom and acknowledge that some people who serve in the military might be godless is Good News.

Hat/tip to Joe Jervis

QUEER QUOTE: Attorney General Holder Declares DOJ Will Affirm Marriage Bans Are Unlawful

Attorney General Eric Holder has made news saying that if (really, at this point, the question is when, not if) the United States Supreme Court hears a case questioning whether a state ban on same-sex marriage violates the federal constitution, the Department of Justice will weigh in on  the side of marriage equality. This is important (and encouraging) news because the U.S. Supreme Court often wants to know what the position of the federal government is on questions of the U.S. constitution, even if a state law is under consideration.

This is what Holder said on a Sunday Talk show last week which is today's Queer Quote:

"When you have differentiations on the basis of sexual orientation they should be heightened scrutiny. That being the case, I think that a lot of these measures that will ultimately come before the Court will not survive a heightened scrutiny examination."

Holder also answered "Yes" when asked whether he thought it was unconstitutional to discriminate against same-sex couples in marriage.

I think there's really no doubt about whether marriage bans survive heightened scrutiny and there's less doubt that sexual orientation should receive heightened scrutiny. Several judges have ruled that marriage bans do not even survive rational basis review. If the Supreme Court (and the Department of Justice) took that position, that would basically end the marriage equality question once and for all.

U.S. Labor Department Announces Enforcement of Ban On Transgender Discrimination Nationwide

Interesting news out of the Labor Department today, via Chris Geidner. Apparently, the Labor Department has finally agreed to enforce the interpretation that the Equal Employment Opportunity Commission has determined that the 1964 Civil Rights Act prohibition against discrimination on the basis of sex protects transgender individuals from discrimination under federal law.

The policy change was announced in a blog post by Secretary Tom Perez:

As we celebrate Pride Month and approach the 50th anniversary of the Civil Rights Act, the Labor Department is reaffirming its commitment to equal opportunity for all. That’s why we are updating enforcement protocols and anti-discrimination guidance to clarify that we provide the full protection of the federal non-discrimination laws that we enforce to transgender individuals. 

These changes reflect current law. In Macy v. Holder, for example, the Equal Employment Opportunity Commission concluded that discrimination because a person is transgender is sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The Office of Federal Contract Compliance Programs and Civil Rights Center, along with the Employment and Training Administration, will issue guidance to make clear that discrimination on the basis of transgender status is discrimination based on sex.  While the department has long protected employees from sex-based discrimination, its guidance to workers and employers will explicitly clarify that this includes workers who identify as transgender. The department will continue to examine its programs to identify additional opportunities to extend the law’s full protection against discrimination to transgender workers.

This is exciting news, and must be warming to openly lesbian EEOC Chair Chai Feldblum's heart.

Black Lesbian and Gay Federal Judicial Nominees Confirmed By U.S. Senate!

Wow! I didn't see this one coming. An openly lesbian, African-American woman named Staci Michelle Yandle, survived a cloture vote on Monday June 16th (55-37) and was confirmed by the United States Senate today by a vote of 52-44! President Barack Obama nominated Yandle to be a U.S. District Court judge in the Southern District of Illinois.

Bizarrely, Republican Illinois Senator Mark Kirk (who has been outed as gay himself) voted against the confirmation of Yandle, while Illinois' other U.S. senator, Dick Durbin votes yes.

In addition to Yandle, the nomination of Darrin Gayles to become the first openly gay, Black man in the federal judiciary was less controversial. His confirmation vote was 98-0.

Two openly LGBT Black federal judges confirmed in one day. Thanks, President Obama!

Hat/tip to Joe Jervis

Obama Nominates Openly Gay Man To Be Ambassador To Vietnam

Clayton Bond and Ted Osius are an (interracial) gay power couple in U.S. diplomatic circles. Bond is the author of Djakarta Djournal: Adventures of a Diplomatic Spouse in Indonesia. The two were marred in Canada in 2006. President Obama nominated Osius this week to be the next Ambassador to Vietnam:

Ted Osius, Nominee for Ambassador to the Socialist Republic of Vietnam, Department of StateTed Osius, a career member of the Foreign Service, Class of Minister-Counselor, is an Associate Professor at the National War College, a position he has held since 2013.  He was a Senior Fellow at the Center for Strategic and International Studies from 2012 to 2013.  Prior to that, Mr. Osius served as Deputy Chief of Mission at the U.S. Embassy in Jakarta, Indonesia, from 2009 to 2012.  Before that, he was Political Minister-Counselor at the U.S. Embassy in New Delhi, India from 2006 to 2009.  Mr. Osius also served as Deputy Director of the Office of Korean Affairs in the Bureau of East Asian and Pacific Affairs at the Department of State from 2004 to 2006.  Prior to that, he was Regional Environment Officer at the U.S. Embassy in Bangkok, Thailand from 2001 to 2004.  From 1998 to 2001, he was Senior Advisor on International Affairs in the Office of the Vice President at the White House.  He served as Political Officer at the U.S. Consulate General in Ho Chi Minh City and at the U.S. Embassy in Hanoi, Vietnam from 1997 to 2001.  Other positions he has held include: Staff Aide and Political Officer at the United States Mission to the United Nations, Political and Management Officer at the U.S. Embassy in Vatican City, The Holy See, and Political and Consular Officer at the U.S. Embassy in Manila, Philippines.  From 1985 to 1987, he was a Legislative Correspondent in the Office of U.S. Senator Al Gore, Jr.  Mr. Osius received an A.B. from Harvard College and an M.S. from the School of Advanced International Studies at The Johns Hopkins University.

If confirmed by the Senate, Osius would join other openly gay men nominated by President Obama who are now ambassadors to Australia, Spain, Denmark and Dominican Republic.

Hat/tip to EDGE

QUEER QUOTE: Matt Foreman Opposes Federal LGBT Legislation, Says #ENDAisNOTEqual

Well, well, well! Expressing publicly thoughts which many LGBT activists (like myself) have had privately for years, Matt Foreman, former head of the National Gay and Lesbian Task Force and eminence rose of the LGBT movement has said that the current "federal gay rights bill," commonly known as ENDA (which passed the United States Senate for the first time in its 40-year history last year) is a waste of time.

To be precise he said this:

"It's pathetic that four decades have gone by without Congress extending basic civil rights protections to LGBT Americans. It's even more pathetic that what's left of Bella Abzug's comprehensive legislation is ENDA - a small-bore bill that is now riddled with giveaways to anti-gay forces, including a religious exemption big enough for an 18-wheeler to cruise through. It's time to pull the plug on this essentially lifeless corpse and demand full equality under the federal civil rights statutes."

ENDA is (and has been for at least a decade) the #1 priority of HRC, the nations largest LGBT political advocacy organization. But with a Republican-controlled House of Representatives, no pro-LGBT legislation will be enacted in the near-future, since only a handful of House Republicans (well, 7) are publicly supportive of the measure. The hardest thing about banning anti-gay discrimination in federal law is that most Americans already think it is illegal (and think that it should be), which paradoxically reduces momentum for enacting such a policy into law.

I agree with Matt that ENDA should be replaced by a comprehensive civil rights bill that calls for an end to discrimination in public accommodations, employment, education and housing, basically amend the 1964 civil rights act and add "sexual orientation, gender identity or gender expression" to the words where "race, color, religion, sex, or national origin" appear in the text.

However, it does seem like pushing for a more comprehensive measure will make enacting basic projections in the 23 states where you can currently be fired for being LGB even less likely to happen in the near term.

So, I disagree that ENDA should be withdrawn, I think it should be supported, IN ADDITION to a comprehensive bill.

What do you think?

9th U.S. Circuit Finally Has No Vacancy (All 29 Seats Filled)

More judicial good news today! The 9th U.S. Circuit Court of Appeals, which is the nation's largest (and decidedly most liberal) federal appellate court now has a full complement of judges with the confirmation of straight ally Michelle Friedland to the court by a vote of 51-40 this week.

Friedland, 41, attended Stanford University and its law school, from which she graduated second in her class in 2000, and was a Fulbright scholar at Oxford University in England. She worked as a law clerk for Supreme Court Justice Sandra Day O'Connor and taught law at Stanford before joining the law firm of Munger, Tolles and Olson in 2004. 

While handling business cases at her firm, she has also represented the gay-rights group Equality California in challenging California's now-overturned ban on same-sex marriage and in defending a state law that prohibits therapy aimed at turning gay youths straight. 

Obama first nominated her to the court in August, but Republicans blocked a Senate floor vote. Democratic leaders cleared the way for the confirmation of Friedland and other stalled Obama nominees by pushing through a repeal of filibusters in November for executive-branch appointments and judicial nominations below the Supreme Court level. Those nominations formerly needed 60 votes in the 100-seat Senate but now require only 51 votes to end debate, and a majority among senators taking part in the confirmation vote. The Ninth Circuit handles federal appeals from California and eight other Western states. Congress expanded its authorized judgeships to 28 in 1984 and to 29 in 2009, but the court has had at least one vacancy since 1992.

If the Senate had passed the filibuster reform earlier in President Obama's term then Goodwin Liu would be a federal judge instead of on the California Supreme Court.

Hat/tip to Joe Jervis

White House Issues Press Advisory on Harvey Milk Forever Stamp

From the White House:

WASHINGTON — The official first-day-of-issue dedication ceremony for the Harvey Milk Forever Stamp will take place at the White House May 22.
  Harvey Milk was a visionary leader who became one of the first openly gay elected officials in the U.S. when he won a seat on the San Francisco Board of Supervisors in 1977. Milk’s achievements gave hope and confidence to the Lesbian, Gay, Bisexual and Transgender (LGBT) community in the United States and elsewhere at a time when the community was encountering widespread hostility and discrimination. Milk believed that government should represent all citizens, ensuring equality and providing needed services.
 His remarkable career was tragically cut short nearly a year after he took office, when he and San Francisco Mayor George Moscone were assassinated.In 2009, he was posthumously awarded the Medal of Freedom by President Barack Obama.
May 22 is Harvey Milk Day in California.The stamp image will be previewed at a later date and a public dedication ceremony will take place in San Francisco May 28. Additional details will be forthcoming.

Hat/tip to Bay Area Reporter