Migration Category: National Old Site

The struggle over the “Don’t Ask, Don’t Tell” (DADT) continues today after a federal appeals court stayed the order ending enforcement of the policy by a California judge last week. Thus, DADT is back in effect just days after the Pentagon announced that it will accept openly gay recruits, reports the New York Times. On October 12, US District Court Judge Virginia Phillips issued an order that bans the Department of Defense and the US military from enforcing the policy, which bars gays from openly serving in the military. Phillips wrote that DADT “infringes the fundamental rights of United States service members and prospective service members” and ordered the military to immediately drop any pending investigations or proceedings. In response, the US Department of Justice filed an appeal and requested that Phillips put a stay on the order, stating that any immediate shift in policy would be “enormously disruptive and time-consuming, particularly at a time when this nation is involved in combat operations overseas.” The federal appeals court action today resulted from Phillips’ refusal to put a stay on her order. President Obama has repeatedly emphasized his opposition to DADT, saying last Thursday, “this policy will end and it will end on my watch.” According to Stars and Stripes, the President insists that Congress needs to repeal the 1993 law.

On Friday, the Pentagon informed military recruiters that they may now accept openly gay and lesbian candidates for recruitment. The new protocol emerged as a result of US District Court Judge Virginia Phillips’ October 12 ruling, which declares the military’s “Don’t Ask Don’t Tell” (DADT) policy unconstitutional and orders the military to immediately drop any pending investigations or proceedings related to the policy. So far, the US Department of Defense has upheld the court’s injunction. Recruiters are also required to inform candidates that the current protocol may be reversed. R. Clarke Cooper of the Log Cabin Republicans, the organization that challenged DADT in court, told the New York Times that an openly gay recruit “does run the risk of discharge if the ruling is overturned–if there is a successful appeal by the Department of Justice.” Other gay rights groups have cautioned candidates and current members against revealing their sexual orientation to the military while the ruling is under consideration. Servicemembers Legal Defense Network executive director Aubrey Sarvis told CNN, “the bottom line: if you come out now, it can be used against you in the future by the Pentagon.” The New York Times reports that under DADT, recruiters were instructed not to ask about a candidate’s sexual orientation. Following Phillips’ ruling, however, the application for enlistment may still be processed even if the candidate states that he or she is openly gay as long as he or she meets normal recruitment standards. Since Friday’s change in protocol, a number of high-profile former military members who were discharged due to their orientation have attempted to reenlist. The New York Times reports that former Army Lieutenant and Iraq war veteran Dan Choi tried to reenlist on Tuesday. He said that recruiters did not react to his request and there were no delays in the process; however, not all attempts have been so successful. Omar Lopez, an openly gay former Navy member discharged in 2006 was rejected by recruiters on October 13. DADT was instituted by former President Bill Clinton in 1993 and prohibits the military from inquiring about a service member’s sexual orientation, and also calls for the discharge of anyone who acknowledges being lesbian or gay. Thus far, the policy has led to the expulsion of more than 13,000 troops.

Late last week, the Ohio Elections Commission ruled that US Representative Steve Driehaus (D-OH) can proceed with his complaint that the Susan B Anthony List, an anti-abortion group, is intentionally lying to distort his record. According to CNN, Driehaus seeks to prevent the Susan B. Anthony List (SBA List) from erecting four billboards claiming that he supports federally funded abortions because he voted for the national health care reform bill. The ruling establishes that there will be another hearing in order to determine whether the SBA List has violated Ohio law. If the SBA List is found to be in violation of campaign law, which prohibits groups from making false statements in campaigns, it may face a public reprimand or prosecution resulting in fines or jail time, reports the Cincinnati Enquirer. The Cincinnati Enquirer reports that the health care reform bill has been attacked by every major pro-life group in the country for its allowance of taxpayer-funded abortion services. However, Driehaus has been quick to emphasize that the health care bill does not introduce any new federal funding for abortion, since the 1970 Hyde Amendment permits government-funded abortions in situations of rape, incest, or to save the mother’s life. CNN notes that the bill also states that abortion services must be covered by private premiums, even in government subsidized healthcare exchanges. According to CNN, the SBA List has been specifically targeting pro-life Democrats who voted for the health care reform bill. The group has strongly condemned the Ohio Election Commission’s ruling. SBA List president Marjorie Dannenfelser told the Cincinnati Enquirer that the Commission has enabled Driehaus “to achieve his strategic objective of preventing constituents from learning the truth about his vote in favor of taxpayer funding of abortion.” She continued, “We will use every vehicle possible within our First Amendment rights to communicate this message to the people of…Driehaus’ district between now and the hearing.”

This fall, ESPN is beginning to introduce a brand marketed towards women called espnW. The brand will be available online in the spring. Laura Gentile, Vice President of espnW, told the New York Times that the finished site would have a blog streaming online video and content for mobile phones. This branding initiative is ESPN’s first attempt in its 30 years on network television to directly reach out to its female viewers, who comprise 25 percent of its television audience. Reactions to espnW have been mixed. Female sports fans are among the harshest critics, claiming that espnW would segregate its male and female viewers. Julie DiCaro, the author of a Cubs fan blog, told the New York Times, “for those of us that have worked really hard to keep up with the boys, that’s kind of tough to hear…It seems like this is the broadcasting equivalent of making something pink and putting sparkles on it.” Gentile countered these concerns in a telephone interview with The New York Times, where she said, “we will be talking about the WNBA a bit more and talking about women’s college basketball a bit more, we’ll also be talking about the NFL and the NBA and everything that sports fans care about.” Gentile expects the growth of espnW to lead to more coverage of women’s sports on ESPN. Other attempts by mainstream sports outlets like Sports Illustrated have failed to win over female sports fans because they “shifted to a focus on fitness, diet and participatory sports” reports the New York Times. According to Mary Jo Kane, Director of the Tucker Center for Research on Girls and Women in Sport at the University of Minnesota, “if this becomes Shape magazine with some box scores, it will fail.”

On Thursday, the US Department of Justice (DOJ) filed an appeal of the October 12 order that bans the US military from enforcing the so-called “Don’t Ask Don’t Tell” (DADT) policy. US District Court Judge Virginia Phillips’ ruling states that DADT is unconstitutional and orders the military to immediately drop any pending investigations or proceedings related to the policy. However, the Justice Department alleges that the injunction would interfere with an ongoing Pentagon study of the potential effects of a DADT repeal, according to the Washington Post. The Justice Department appeal requested that Judge Phillips put a stay on her order, stating that any immediate shift in policy would be “enormously disruptive and time-consuming, particularly at a time when this nation is involved in combat operations overseas,” reports the Associated Press. The DOJ instead encouraged the courts to wait until the extensive Pentagon survey is presented to President Obama in December. The DOJ has stated it will also appeal the ruling to the 9th Circuit Court of Appeals, according to the Washington Post. Currently, the Department of Defense is enforcing the injunction. President Obama has repeatedly emphasized his opposition to DADT. The Associated Press reports that Obama said on Thursday, “this policy will end and it will end on my watch.” However, he recognizes the need for a specific legal process to repeal the policy, stating, “I can’t simply ignore laws that are out there. I have got to work to make sure that they are changed.” The House of Representatives voted in May to repeal the law after the completion of the Pentagon review. The Senate, however, has failed to vote on the repeal due to a Republican filibuster, according to the Associated Press. DADT was instituted by former President Bill Clinton in 1993 and prohibits the military from inquiring about a service member’s sexual orientation, and also calls for the discharge of anyone who acknowledges being lesbian or gay. Thus far, the policy has led to the expulsion of more than 13,000 troops.

Florida will not appeal a court decision made on September 22 that found the state’s ban on adoptions by gay and lesbian people to be unconstitutional.After the initial ruling, Florida Governor Charlie Crist immediately announced that the state would stop enforcing the law. The Florida Department of Children and Families announced Tuesday that the state agency would not look to overturn the decision by the 3rd District Court of Appeals (DCA). The Department’s communications director Joe Follick told CNN. “…the depth, clarity and unanimity of the DCA opinion – and that of Miami-Dade Judge Cindy Lederman’s original circuit court decision – has made it evident that an appeal would have a less than limited chance of a different outcome.” At the time of the ruling, District Court Judge Gerald Cope wrote in the decision, “It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on those same persons…All other persons are eligible to be considered case-by-case to be adoptive parents,” reported the Associated Press. This decision removes a three-decade old ban that prohibited homosexuals from adopting in Florida.

The nine suspects accused of hate crimes against three men in New York City are currently in police custody, with the last suspect, 22-year-old Ruddy Vargas-Perez, arrested earlier this week. According to CNN, six of the suspects are being held without bail. Bail for the remaining two suspects is set at $100,000. New York Police Commissioner Ray Kelly said that the suspects are facing charges of unlawful imprisonment, abduction, sodomy, assault, robbery, and menacing, all as hate crimes. According to police, the violence was spurred by a Bronx gang’s discovery that one of their potential recruits is gay. Nine members of the Latin King Goonies allegedly forced the 17year old recruit into an apartment and questioned him about his relations with a 30-year-old man. Both the recruit and the 30 year old man were then allegedly beaten and tortured by all nine suspects. The gang then allegedly went to the home of the 30-year-old victim and robbed and assaulted his brother, although none of the inflicted injuries were life-threatening, authorities say. The nine suspects are also accused of beating another teenager, according to the New York Times. The New York Times reports that though police were able to find sufficient evidence linking the attackers to the crime, the victims were hesitant to provide clues, fearing retribution and the invasion of their privacy. Many officials have strongly condemned the hate crimes, expressing disappointment and disgust. New York City Mayor Michael Bloomberg stated, “I was sickened by the brutal nature of these crimes and saddened at the anti-gay bias that contributed to them. Hate crimes such as these strike fear into all of us,” reported CNN. The New York City hate crimes follow a rash of anti-gay bullying-related suicides and other attacks against gay individuals. In September, a student at Rutgers University committed suicide after a roommate live-streamed his sexual encounter with another man Last weekend, a man was beaten and robbed by two assailants who used anti-gay slurs at the historic Stonewall Inn in Greenwich Village.

Yesterday, US District Court Judge Virginia Phillips issued an order that bans the Department of Defense and the US military from enforcing their so-called “don’t ask don’t tell” policy, which bars gays from openly serving in the military. Phillips wrote that DADT “infringes the fundamental rights of United States service members and prospective service members” and ordered the military to immediately drop any pending investigations or proceedings, according to the New York Times. The government can file an appeal of Phillips’ ruling within a 60-day period. Drew Hammill, a spokesman for US Speaker of the House Nancy Pelosi (D-CA) told the LA Times that Pelosi “continues to believe, until the Senate can act on the repeal of this policy and send it to the president’s desk, the administration should place a moratorium on all dismissals under this policy.” Defense Secretary Robert Gates stated that the policy should be determined by legislation, not a court order, and told the New York Times that the order would have “enormous consequences” for service members. On September 9, Phillips ruled that “Don’t Ask, Don’t Tell” (DADT) is unconstitutional on the basis that it violates both the first and fifth amendment rights of lesbian and gay service members. The original lawsuit was filed by the Log Cabin Republicans against the federal government in 2004. DADT was instituted by former President Bill Clinton in 1993 and prohibits the military from inquiring about a service member’s sexual orientation, and also calls for the discharge of anyone who acknowledges being lesbian or gay. Thus far, the policy has led to the expulsion of more than 13,000 troops.

New York City Council speaker Christine Quinn and Councilwoman Jessica Lappin are pushing for legislation in the state that would mandate that crisis pregnancy centers (CPCs) clearly indicate their position on abortion to patients. This would include displaying information both at the entrance and in waiting rooms to notify women that the centers do not offer abortions or emergency contraception, according to the Wall Street Journal. Currently, Baltimore and Montgomery County, Maryland, and Austin, Texas have laws similar to the one proposed. According to the New York Times, a yearlong study released by NARAL Pro-Choice New York found that CPCs offer women misinformation and medically refuted findings to promote their anti-choice agenda. Quinn told the New York Times, “I think they are deceiving women purposely…But even if you yielded that they weren’t, given how potent the emotions, the politics, isn’t it just smart for us to know who provides what and who doesn’t?” Currently, there are an estimated 3,500 CPCs nationwide, most of which are affiliated with one or more national umbrella organizations. CPCs pose as legitimate health centers and offer “free” pregnancy tests. Some CPCs coerce and intimidate women out of considering abortion as an option, and prevent women from receiving neutral and comprehensive medical advice. These clinics are typically run by anti-abortion volunteers who are not licensed medical professionals.

Congressional candidate Rich Iott, a Republican running in Ohio’s ninth district, has recently faced criticism after photographs surfaced of him dressed in a Nazi uniform sometime in the mid-2000s. According to the Atlantic, Iott is a former member of a group called Wiking that participates in Nazi re-enactments. The group’s website states that it is “a nonprofit, nonpolitical organization dedicated to the preservation of the history of WW II and the lifestyle of the German combat soldier (specifically Waffen-SS foreign volunteers),” according to the New York Times. According to the Atlantic, Iott’s name first appears on the organization’s roster in 2003. He was involved with the group under the alias “Richard Pferdmann,” in order to “get into the persona of the time period…create this person largely based on a Germanized version of their name.” Iott has expressed admiration for the military successes of the Nazis during World War II, stating, “I’ve always been fascinated by the fact that here was a relatively small country that from a strictly military point of view accomplished incredible things,” reported Atlantic. In his congressional race, Iott faces incumbent Congresswoman Marcy Kaptur (D), who has condemned the pictures. Kaptur spokesman Steve Foster told the Toledo Blade, “The Waffen SS was found to be a criminal organization…At a minimum, it calls into question [Iott’s] judgment.” According to Politico, House Minority Whip Republican Eric Cantor (R-VA) also condemned Iott’s involvement. Iott’s campaign has refused to apologize for the photographs. “Rich Iott is not a Nazi,” his campaign spokesman Matt Parker told the Toledo Blade. “He’s not going to apologize for being involved in historical re-enactments.”