NSF Awards $9M To Advance STEM Leadership at HBCUs

The National Science Foundation has awarded up to $9 million to support the Center for the Advancement of STEM Leadership's goal of broadening participation by underrepresented minorities in science, technology, engineering and mathematics. Specifically, the Division of Human Resources Development in the Directorate for Education and Human Resources has approved a 4-way collaborative award to Fielding Graduate University (1818424), North Carolina A&T University (1818459), University of the Virgin Islands (1818425) and the American Association of Colleges & Universities (1818447) to 1) examine how intuitive, unwritten codes of excellence in leadership result in the broadening participation success of HBCUs and to integrate this knowledge into STEM higher education reform; 2) provide a community of scholars with a world-class leadership development program that integrates personal and institutional histories into broadening participation research and practice; and 3) assimilate the HBCU institutional narrative into the national undergraduate STEM reform knowledge base through mainstream outreach and knowledge transfer outlets.

Here's a quote from the press release announcing the award:

The University of the Virgin Islands (UVI), which houses several other NSF-funded projects, will lead the research component of the project. The research will focus on studying the nature of the leadership styles and strategies associated with the stellar record of HBCUs in graduating African Americans in STEM and in being national leaders in preparing African Americans for doctoral study in STEM. 

“Our faculty and students have perfected various models of success that must be researched, studied, compared to others and disseminated throughout the nation,” said Dr. David Hall, President of UVI. “The future of the U.S. and world economy turns on the work that is occurring in various STEM fields, and HBCUs play a critical role in attracting, developing and inspiring future leaders in this field. This is an awesome and humbling task that we and our partners are ready and willing to undertake.” 

North Carolina A&T State University, a leading HBCU research university in the STEM fields, will team with Fielding Graduate University, long known for its leadership studies programs, to conduct leadership development programming in broadening STEM participation for emerging academic leaders. Based on CASL’s research findings, this effort will seek to establish the foundation for informing HBCUs and all of American higher education on the research-based strategies for producing new leaders to broaden STEM participation. 

“Fielding is proud to be a part of advancing leadership in the STEM fields through the establishment of this collaborative national Center,” said Fielding President Dr. Katrina Rogers. “Since its founding, Fielding and its faculty have pioneered a model of quality graduate education that links research and practice in support of social change and justice. Receiving support from the National Science Foundation for CASL is an affirmation of this legacy and its promise for the future.” 

“As an institution with a long history of leadership in STEM disciplines, North Carolina A&T State University is truly excited about the timely creation of this new center for STEM leadership,” added Chancellor Harold L. Martin Sr. “As we and so many of our peer institutions scale up to meet the growing national demand for highly educated, well-prepared graduates in STEM professions, the work of this center will provide meaningful support for these efforts. Having well-prepared leadership for this important work is essential, both now and well into the future.” 

The Association of American Colleges and Universities, recognized nationally and internationally as the leading association dedicated to advancing the quality, vitality, and public standing of liberal education and inclusive excellence in higher education, will lead the knowledge transfer and outreach efforts of CASL. It will leverage its research findings to rightfully place HBCUs at the center of our nation’s effort to produce a more diverse and competitively trained STEM workforce. 

“CASL is exactly what we’ve needed in undergraduate STEM education reform for a very long time,” says AAC&U President Dr. Lynn Pasquerella. “This important work is in perfect alignment with AAC&U and our more than 1,400 member institutions who recognize that HBCUs are vital to sustaining our competitive edge in scientific discovery and innovation. I applaud the CASL leaders for their vision and foresight.” 

Although I used to work at the NSF, I had nothing to do with this award (I was in a different division in the same Directorate) but I think this is a great development! I hope CASL is successful at achieving its goals.

STUDY: U.S. Mathematics Majors Most Likely To Switch To Another Subject

The National Center for Education Statistics at the U.S. Department of Education released a report at the end of last year about students switching majors in college. "Beginning College Students Who Change Their Majors Within 3 Years of Enrollment" has a number of interesting facts about students who change majors while pursuing associate's and bachelor's degrees in the United States:

• About half (52 percent) of students whose original declared major was mathematics switched majors within 3 years. Mathematics majors changed majors at a rate higher than that of students in all other fields, both STEM and non-STEM, except the natural sciences.
  
• Within 3 years of initial enrollment, about 30 percent of undergraduates in associate’s and bachelor’s degree programs who had declared a major had changed their major at least once.
  
• About one-third of students enrolled in bachelor’s degree programs changed majors, compared with 28 percent of those enrolled in associate’s degree programs.
  
• About 1 in 10 students changed majors more than once: 10 percent of associate’s degree students and 9 percent of bachelor’s degree students.

Hat/tip to Voice of America!

CELEBRITY FRIDAY: Crystal Griner and David Bailey

Since the names Crystal Griner and David Bailey are on people's lips this week they are today's Celebrity Friday entry. These are the names of the two Capitol Police officers who were with U.S. Representative Steve Scalise (R-Louisiana) on Wednesday when a gunman opened up fire on a group of Republican congressmen practicing for the annual baseball game.

Joe My God reports that Griner is openly lesbian and has a wife. She is credited with firing the fatal shot that stopped the assailant and was visited at the hotel by President Trump.

Others have noted the irony that two not only did Black people saved the life of Majority Whip Scalise who has been linked to white supremacists, but that it was a lesbian with a wife who arguably saved his life even though Scalise is strongly opposed to same-sex marriage and full citizenship for LGBT people like Griner.

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.

Happy Martin Luther King, Jr. Day! #MLKDay2016

Today the United States celebrates a federal holiday in honor of Martin Luther King, Jr! MLK was a leader in the civil rights movement of the 60s which resulted in massive improvements in conditions for African-Americans and other non-white people as the United States was forced to recognize that it was not living up to the idea of "equal justice under law." This struggle continues today, in various ways.

FDA Reduces Lifetime Ban On MSM Blood Donations To 1 Year

The Food and Drug Administration (FDA), the federal agency responsible for protecting the United States blood supply has finally issued regulations on changing the discriminatory (and patently offensive) policy on preventing any man who has said sex with another man (MSM) from donating blood. The decades-old policy of a lifetime ban was replaced with a "1-year deferral" for men who have had (any kind of) sex with another man.

From the FDA press release issued today:

As part of today’s finalized blood donor deferral guidance, the FDA is changing its recommendation that  men who have sex with men (MSM) be indefinitely deferred – a policy that has been in place for approximately 30 years – to 12 months since the last sexual contact with another man. These updated recommendations better align the deferral period for MSM with the deferral period for other men and women at increased risk for HIV infection – such as those who had a recent blood transfusion or those who have been accidentally exposed to the blood of another individual. The FDA examined a variety of recent studies, epidemiologic data, and shared experiences from other countries that have made recent MSM deferral policy changes. 

“In reviewing our policies to help reduce the risk of HIV transmission through blood products, we rigorously examined several alternative options, including individual risk assessment,” said Peter Marks, M.D., Ph.D., deputy director of the FDA’s Center for Biologics Evaluation and Research. “Ultimately, the 12-month deferral window is supported by the best available scientific evidence, at this point in time, relevant to the U.S. population. We will continue to actively conduct research in this area and further revise our policies as new data emerge.” 

Several countries, including the United Kingdom and Australia, currently have 12-month deferrals for MSM. During the change in Australia from an indefinite blood donor deferral policy for MSM to a 12-month deferral, well-conducted studies evaluating over 8 million units of donated blood were performed using a national blood surveillance system. These published studies document no change in risk to the blood supply with use of the 12-month deferral. Similar data are not available for shorter deferral intervals.

The website fivethirtyeight.com and Williams Institute conducted an analysis on the numerous proposed changes to the lifetime blood ban on MSM donations and these are summarized:

There should be an estimated 2 million more people eligible to donate blood, with 190, 000 of them likely to do so.

However, as the New Civil Rights Movement blog points out, the revised policy still continues the stigma of homosexuality, since a married gay couple who only have sex with each other (even with condoms!) is technically barred from giving blood for a year while a straight guy could be having sex every day for a year with sex workers or other high-risk individuals and the straight person is not bared from donating blood under this policy. This communicates the message that homosexuality is inherently more "dangerous" than heterosexuality.

I applaud the progress from the ridiculously stigmatizing lifetime ban on men who have sex with men but would urge the FDA to consider a policy that is neutral based on the gender of the person the potential blood donor has sex with.

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.”

CDC Announces $185M To Combat HIV In Gay Men and MSM

The CDC announced a substantial investment of $185 million in HIV prevention among gay and bisexual men and men who have sex with men. This is a huge endorsement in the efficacy of PrEP (Pre-Exposure Prophylaxis) in combating the HIV/AIDS epidemic.

Up to $125 million of the funding will be provided over three years to state and local health departments to scale up two new, powerful HIV prevention strategies:

• Increasing PrEP uptake: Numerous studies have shown that people who take PrEP daily can reduce their risk of contracting HIV by more than 90 percent.

• Health departments will be funded to provide PrEP information and referrals and to conduct outreach and training to increase the number of health care providers who are knowledgeable about PrEP and offer it to their patients.

• The primary objective is to increase the knowledge about and uptake of PrEP among MSM and transgender people at greatest risk of infection.

• Twenty-four health departments in areas where MSM are severely impacted are eligible to apply for these funds.

• Using routinely collected data to increase engagement in HIV care: A recent CDC study showed that more than 90 percent of new HIV infections in the U.S. could be averted by diagnosing people living with HIV and ensuring they receive prompt, ongoing care and treatment. Only about half of MSM diagnosed with HIV in the U.S. are engaged in regular care.

• Health departments will be funded to expand the use of HIV surveillance data to help connect and reengage people diagnosed with HIV but not in care with needed services, prioritizing MSM and transgender people.

• Twelve health departments in areas where MSM are severely impacted and that have sufficient clinical data are eligible to apply for these funds.

“Science tells us that increasing PrEP access and engaging more HIV-positive people in care and treatment could prevent tens of thousands of new HIV infections, but these strategies remain underused,” said Eugene McCray, M.D., director of CDC’s Division of HIV/AIDS Prevention. “This new funding will drive wider adoption where it’s urgently needed and provide lessons on how to improve uptake nationwide.”

Finally some good news about the HIV/AIDS epidemic in the United States.

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.

Over 20 States Increase Minimum Wage On January 1; Federal Stuck at $7.25

One of the good things about a new year is that new laws go into effect. On January 1, twenty states raised their minimum wage, with Washington state continuing to have the highest minimum wage in the country at $9.47 per hour. New York raised its minimum wage to $8.75 on December 31st. California's minimum wage is $9.00.

The Huffington Post reports:

Minimum wage workers in Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Hawaii, Maryland, Massachusetts, Missouri, Montana, Nebraska, New Jersey, Ohio, Oregon, Rhode Island, South Dakota, Vermont, Washington and West Virginia will all see their pay go up on Jan. 1. Minimum wage workers in Delaware and Minnesota are also expected to receive a pay hike in June and August 2015, respectively. 

For the first time a majority of states (29) have minimum wages higher than the federal minimum.

Florida Becomes 3rd Most Populous State in the Union, North Carolina Becomes #9

The news this week was that Florida surpassed New York to take the #3 spot in the list of most populous states in the country. However, there was little mention that North Carolina skipped past Michigan to take the #9 spot and #8 Georgia joined the 10 million people club.

Here is the official data from the Census:

The 10 Most Populous States on July 1, 2014

Rank

1
2
3
4
5
6
7
8
9
10

State

California
Texas
Florida
New York
Illinois
Pennsylvania
Ohio
Georgia
North Carolina
Michigan

Population

38,802,500
26,956,958
19,893,297
19,746,227
12,880,580
12,787,209
11,594,163
10,097,343
9,943,964
9,909,877

FDA Proposes Reducing Lifetime Ban On Gay Blood Donors To One Year

The Food and Drug Administration (FDA) released a statement today which indicates that it will propose changing the current lifetime ban on blood donations from any man who has had sex with another man since 1977. The proposed policy will be that gay men who declare that they have not had sex with another man in over a year shall be allowed to donate blood.

The reaction to the proposed policy change was decidedly mixed:

Slate’s Mark Joseph Stern wrote: “…the FDA remains trapped in the 1980s—terrified of gay men and their diseased, untrustworthy ways. Perhaps in another 31 years, we’ll see the FDA move to a sensible, nondiscriminatory rule. For now, we’re stuck with this embarrassing, unscientific half-measure. 

U.S. Senator Patty Murray (D-WA) told her constituents, “Today’s announcement is a welcome step in the right direction. However, I am disappointed that low-risk gay men are still being discriminated against with this outdated policy. Healthy Americans who don’t engage in risky behavior, regardless of their sexual orientation, should have the opportunity to donate blood and help in the effort to save lives. I look forward to working with Secretary Burwell to build on the step taken today by removing this discriminatory ban while keeping our blood supply safe.”

I think my position is somewhere closer to Senator Murray's than Mark Joseph Stern's although I would agree that this is a half-measure. That being said, you can still acknowledge that a change has been made, and the change is in the right direction even if it is not as much change as one would prefer. I also agree that the proposed policy change would STILL be discriminatory and is unacceptable public policy, but it is still better than the current policy which was completely irrational and rooted in homophobia.

SATURDAY POLITICS: Kamala Harris Doesn't Want To Be Holder's Replacement

California Attorney General Kamala Harris promptly took herself out of the running to be President Obama's next Attorney General this week after Eric Holder announced his resignation. Harris, 49, is running for re-election and is widely seen as a front runner for either Governor of California in 2018 when the seat will be open or she would also be competitive for either United States Senate seat.

The San Francisco Chronicle reported on Harris' demurrals:

Even before the White House officially announced Holder’s resignation Thursday,Harris, who is running for re-election as California’s attorney general, released a statement saying thanks, but no thanks.
“I am honored to even be mentioned, but intend to continue my work for the people of California as attorney general,” said the former San Francisco district attorney. “I am focused on key public safety issues including transnational gangs, truancy and recidivism.”
Harris, a longtime friend and early political backer of President Obama, has long been on the media’s short list of people the president would look at to become the country’s top prosecutor.

Obama made headlines last year when he referred to Harris as "by far the best-looking attorney general in the country."

Personally I think Harris would make a great Attorney General of the United States but an even better Governor. That's gonna be one tough (and crowded) Democratic primary in June 2018!

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 Insists On "So Help Me God" Pledge For Enlistees

Just in time for Godless Wednesday comes the news that the U.S. Air Force is refusing to allow an airman to re-enlist if they do not agree to abide by a pledge which includes the words "So Help Me God."

The Air Times reports that the text of the oath (which is part of DD Form 4) reads:

 “I, [insert name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

The story goes on to say that the American Humanists Association (AHA) is threatening to sue the federal government if they do not allow the airman to re-enlist before his current enlistment period expires in November 2014 with a pledge that does not violate his religious freedom. Then this happened:

The AHA said the airman crossed out the last four words in that oath, and was told Aug. 25 that the Air Force would not accept it for that reason. The airman was told his only options were to sign the religious oath section of the contract without adjustment and recite an oath concluding with “so help me God,” or leave the Air Force, the AHA said. 

 The AHA said that is unconstitutional and unacceptable and that Article VI of the Constitution prohibits requiring religious tests to hold an office or public trust.  

 The Air Force used to allow airmen to omit the phrase “so help me God” if they so chose. But an Oct. 30, 2013, update to Air Force Instruction 36-2606, which spells out the active-duty oath of enlistment, dropped that option. Since that quiet update to the AFI, airmen have been required to swear an oath to a deity when they enlist or reenlist.  

 The Air Force said last week that the change was made to bring its oath in line with the statutory requirement under Title 10 USC 502. The Air Force said it cannot change its AFI to make “so help me God” optional unless Congress changes the statute mandating the oath.

The Air Force said they are going to try and get an interpretation from the Department of Defense General Counsel to find out what position they can take. It seems pretty clear that if Title 10 USC 502 requires the swearing of an oath to a deity that it is unconstitutional on its face. The problem is that the federal judiciary tends to defer to the military and executive branch on these kinds of questions.

It is always astonishing to me that people who believe in God say that they are the oppressed group when it is clear to any impartial observer that the decks are stacked against non-believers.

Hat/tip to Joe.My.God

Obama Will Sign Executive Order Extending LGBT Discrimination Protections To Millions of Americans

President Barack Obama will sign an executive order that will effectively add LGBT workplace protections to some 28 million American workers on Monday. The President will issue an executive order that amends the executive order (11246) that extended discrimination protections to federal contractors, i.e. businesses that have contracts to do work with the federal government, to include sexual orientation and gender identity. This will protect all LGBT workers at federal contractors. The Williams Institute estimates that 11 million people will be protected from sexual orientation discrimination and another 14 million will be protected from gender identity discrimination. The AP estimates that the actions will impact 24,000 companies that do business with the federal government (and their 28 million employees).

The President will also amend an existing executive order (11478) that prohibits discrimination in the federal workplace on the basis of sexual orientation to include gender identity. As the Vice President would say, "this is a big ******* deal."

Chris Geidner has published the July 15th draft text of the order Obama will issue tomorrow:

EXECUTIVE ORDER
Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity
By the authority vested in me as President by the Constitution and the laws of the United States, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to provide for a uniform policy for the Federal Government to prohibit discrimination based on gender identity and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity, it is hereby ordered as follows:
Section 1. Amending Executive Order 11478.
Executive Order 11478, as amended, is hereby further amended as follows:
(a) The first sentence of section 1 is amended by substituting “sexual orientation, gender identity,” for “sexual orientation”.
(b) The first sentence of section 7 is amended by substituting “sexual orientation, gender identity,” for “sexual orientation”.
Sec. 2. Amending Executive Order 11246.
Executive Order 11246, as amended, is hereby further amended as follows:
(a) The first sentence of Section 202, paragraph (1) is amended by substituting “sex, sexual orientation, gender identity, or national origin” for “sex, or national origin”.
(b) The second sentence of Section 202, paragraph (1) is amended by substituting “sex, sexual orientation, gender identity, or national origin” for “sex, or national origin”.
( c ) The first sentence of Section 202, paragraph (2) is amended by substituting “sex, sexual orientation, gender identity, or national origin” for “sex, or national origin”.
(d) The first sentence of Section 203, paragraph (d) is amended by substituting “sex, sexual orientation, gender identity, or national origin” for “sex, or national origin”.
Section 3. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Significantly, there are no extra codicils or exemptions based on religion included, which in light of the Supreme Court's Hobby Lobby decision, became a focal point for religious entities who want to use their "professed religious belief" to trump the application of existing laws.

This is a good thing!

CDC Endorses Truvada For HIV Prevention Purposes

There was important news in the fight against HIV/AIDS this week. The federal government announced they were issuing guidelines that recommend that sexually active HIV-negative gay men take doses of Truvada for "pre-exposure prophylaxis" (PrEP) purposes.

The guidelines say PrEP should be considered for HIV-uninfected patients with any of the following indications:

• Anyone who is in an ongoing sexual relationship with an HIV-infected partner.

• A gay or bisexual man who has had sex without a condom or has been diagnosed with a sexually transmitted infection within the past six months, and is not in a mutually monogamous relationship with a partner who recently tested HIV-negative.

• A heterosexual man or woman who does not always use condoms when having sex with partners known to be at risk for HIV (for example, injecting drug users or bisexual male partners of unknown HIV status), and is not in a mutually-monogamous relationship with a partner who recently tested HIV-negative.

• Anyone who has, within the past six months, injected illicit drugs and shared equipment or been in a treatment program for injection drug use.

“While a vaccine or cure may one day end the HIV epidemic, PrEP is a powerful tool that has the potential to alter the course of the U.S. HIV epidemic today,” said Jonathan Mermin, M.D., M.P.H., director of CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention. “These guidelines represent an important step toward fully realizing the promise of PrEP. We should add to this momentum, working to ensure that PrEP is used by the right people, in the right way, in the right circumstances.”

This is a very important step. California's largest AIDS service providers had endorsed this position a few weeks ago, so it is good that this policy position will adopted nationwide.

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