Frontlines: The Latest from OutServe-SLDN

Anti-LGBT Measures in NDAA Now on the House Floor

Last week was full of news. Of course, the big story was President Obama's decision to support marriage equality. But did you know that a few hours after the President's announcement, in the dead of the night, members in the Republican-controlled House Armed Services Committee (HASC) adopted two amendments to two pieces of legislation attacking LGBT equality? Please, read on.

First came two amendments to the National Defense Authorization Act NDAA) in the House Armed Services Committee (HASC). On a 37-24 vote, including all Republicans on the committee, as well as Reps. McIntyre (D-NC), Kissell (D-NC), and Bordallo (D-Guam), the HASC added an amendment that would ban same-gender marriage ceremonies on Department of Defense (DoD) property. The amendment was offered by Rep. Palazzo (R-MS), who made the argument that this amendment is needed because same-gender ceremonies were taking place on military bases in direct violation of the Defense of Marriage Act (DOMA).But, the Congressman is misinformed. DOMA does not prohibit same-gender marriages from taking place on federal property. Indeed, DOMA does not restrict individual activities; it simply addresses the recognition the federal government may give to them.

In addition, the amendment flies in the face of DoD's own rules. In September 2011, the DoD General Counsel made it clear that determinations regarding the use of DoD facilities should be made on a sexual orientation neutral basis, and that making DoD facilities available for private functions (like a marriage ceremony) does not constitute an endorsement of the function by DoD.

The second harmful amendment adopted was offered by Rep. Akin (R-MO) and approved by all Republicans in the Committee, including Democratic Reps. McIntyre (D-NC) and Kissell (D-NC). The amendment would write in so-called "conscience protections" for service members and chaplains who don't wish to work with their gay and lesbian colleagues. These "protections" would allow service members to actively harrass and discriminate other service members solely for their perceived or actual sexual orientation - not a recipe for good order and unit cohesion. The way that the amendment is written, it would also give chaplains the ability to freely discriminate against service members because of their religion, gender, race, sexual orientation, or any other basis solely by arguing that their "consicence, moral principles, or religious beliefs" may be violated.

So where does this leave us? These amendments are now a part of the House's version of the NDAA. As I write this, debate on the bill is now happening in the full House of Representatives and a vote is likely to take place tomorrow. SLDN is on the front lines, working with our allies to strip these anti-LGBT inititives from bill when it comes up for conference with the Senate later this year. We'll keep you updated.

Follow Jeremy on Twitter: @wilsonsimerman

05-17-12 By Jeremy Wilson-Simerman, SLDN Government Affairs Director | Comment (0)

SLDN Week In Review: May 7-11, 2012

Service Members Move the President on Marriage Equality. In his historic announcement in support of marriage equality, President Obama made it clear that the stories of service members and their families affected his decision to support the freedom to marry. This is an important step forward for the marriage equality movement and affirms what SLDN has known for some time - service members, and specifically the SLDN case McLaughlin v. U.S., are having a demonstrative impact on the debate. To read an op-ed on this topic penned by SLDN Executive Director Aubrey Sarvis, which appeared in Stars & Stripes and The Huffington Post on Friday, click here.

SLDN to Boehner: You Have No Authority to Intervene. Meanwhile, SLDN filed documents in court this week opposing a motion by Speaker of the House John Boehner's so-called Bipartisan Legal Advisory Group (BLAG) seeking to intervene in McLaughlin v. U.S. for the purposes of defending DOMA and the definition of spouse in Title 38. In the filing, SLDN asserts that BLAG does not have standing to intervene in the case. "Speaker Boehner is attempting to appoint himself to a role that is expressly reserved to the executive branch of our government. We intend to fight the interference of the Speaker in this matter," said Sarvis on Wednesday.

SLDN Fights Hostile Actions on Capitol Hill. Also on Wednesday, Sarvis fired back at opponents of LGBT military equality on Capitol Hill in response to the adoption of harmful amendments to the National Defense Authorization Act (NDAA) that seek to limit the use of Department of Defense facilities, affect military chaplains, and undermine successful "Don't Ask, Don't Tell" repeal implementation. For more details and to see SLDN's response, click here. An additional amendment emerged that would bar the Department of Justice from opposing DOMA. For more on that, click here.

Panetta Confirms DADT Repeal Going Well. Even as opponents on Capitol Hill were seeking to undermine LGBT military equality, Secretary of Defense Leon Panetta confirmed that repeal of the discriminatory "Don't Ask, Don't Tell" law is proceeding smoothly. To read more, click here.

Ahead This Week. SLDN is a key partner in the first-ever OutServe Capital Summit. More than 100 LGBT service members, their families, and allies will converge on the nation's capital to network and discuss issues affecting military families. On Tuesday, they will visit Capitol Hill to share their stories and challenges with decision-makers and urge leaders to support full LGBT equality in the armed forces. For more information on the summit, click here.

05-12-12 By Zeke Stokes, SLDN Communications Director | Comment (0)

The President Said It

We've known it all along.  

And yesterday, President Obama let America know it.  Service members are moving the needle on marriage equality.  Here's what he said:

"When I think about members of my own staff who are incredibly committed, in monogamous relationships, same-sex relationships, who are raising kids together. When I think about those soldiers or airmen or marines or sailors who are out there fighting on my behalf and yet, feel constrained, even now that Don't Ask, Don't Tell is gone, because they're not able to commit themselves in a marriage...it is important for me to go ahead and affirm that-- I think same-sex couples should be able to get married."

Last October, SLDN filed landmark litigation on behalf of married gay and lesbian service members and veterans challenging the so-called "Defense of Marriage Act" (DOMA) and seeking equal recognition, support, and benefits for all military families - regardless of sexual orientation.  Benefits like housing, access to military bases, health care, and survivors' benefits.

And we told America the story of Chief Warrant Officer Charlie Morgan of the New Hampshire National Guard.  Just home from deployment to the Middle East. Battling incurable breast cancer.  Wife and mother of a five-year old daughter.  Sadly, if CW2 Morgan does not triumph in her battle over cancer, her wife Karen will not receive the same benefits and support she would receive if she were not of the same gender.  

We must keep telling this story, and the stories of all service members and veterans across this great nation providing the same service, taking the same risks, making the same sacrifices - yet, relegated to second-class status because they are gay or lesbian.  And we need your help to do it. 

Service members are getting through. They got through to President Obama.  They are getting through to the American people, a majority of whom support marriage equality for the first time in our nation's history.  Now, we must help them get through to Congress. 

05-10-12 By Aubrey Sarvis, Army Veteran & SLDN Executive Director | Comment (0)

SLDN Week In Review: April 30-May 4, 2012

Boehner Moves to Intervene in SLDN Legal Challenge. Servicemembers Legal Defense Network (SLDN) today fired back Tuesday at Speaker of the House John Boehner (R-OH) and his Bipartisan Legal Advisory Group (BLAG) for their request to intervene in McLaughlin v. U.S., the landmark federal court case filed in October 2011 by eight married gay and lesbian service members and veterans, who are represented by SLDN and Chadbourne & Parke. The case challenges the constitutionality of the so-called Defense of Marriage Act (DOMA) and three other federal statutes - Titles 10, 32, and 38 - that preclude the military from providing equal recognition, support, and benefits for all military families. The Department of Justice announced its intention related to the case in a letter sent to Boehner on February 17, 2012, triggering the BLAG to make known its position. To read more, click here.

Pelosi Criticizes Boehner Action in SLDN Case. Meanwhile, House Democratic Leader Nancy Pelosi (D-CA) slammed Boehner's decision to intervene in SLDN's case challenging federal anti-gay marriage laws, charging his decision is discriminatory against gay and lesbian members of the military. To read more, click here.

SLDN on the Road. SLDN Military Advisory Council Co-Chair Paula Neira and Communications Director Zeke Stokes will travel to Philadelphia this weekend to participate in the annual Equality Forum. Neira will be featured on a panel focused on LGBT military equality. For more information, click here.

Coming Up Next Week. The House Armed Services Committee is scheduled to begin its annual mark-up of the National Defense Authorization Act (NDAA) on Wednesday, May 9. SLDN will be on the front lines as debate begins and will keep you up-to-date as expected hostile amendments emerge from opponents of LGBT military equality.

05-04-12 By Zeke Stokes, SLDN Communications Director | Comment (0)

SLDN Week in Review: April 23-27, 2012

SLDN Calls on Panetta to Expedite DADT Discharge Upgrades. This week, Servicemembers Legal Defense Network (SLDN) praised U.S.Senators Kirsten Gillibrand (D-NY), Joe Lieberman (I-CT),and Mark Udall (D-CO) for their letter sent to Secretary of Defense Leon Panetta and joined their call for the Secretary to use his authority to streamline the process for those discharged under the repealed "Don't Ask, Don't Tell" (DADT) law in order to expedite discharge paperwork changes and upgrades. To view the news release and letter, click here. This news was covered widely by media, including The Hill and The Advocate.

SLDN Included in Amicus Brief in Case of LGBT Veteran. Gibson, Dunn & Crutcher LLP filed an amicus curiae brief in the U.S. Court of Appeals for Veterans Claims in their case, Cardona v. Shinseki, arguing that laws denying gay and lesbian veterans the spousal benefits they have earned, and which Congress has determined are necessary to support their families, “serve only to discriminate against gay and lesbian veterans” and “must be struck down as unconstitutional.” The brief was filed on behalf of SLDN, Vietnam Veterans of America, Service Women’s Action Network, Connecticut Veterans Legal Center, Vets4Vets, and Iraq and Afghanistan Veterans of America. To read more, click here.

OutServe Capital Summit Coming in May. SLDN is proud to partner with OutServe for its first-ever Capital Summit, which will bring service members and their families to Washington, DC, May 14-15, 2012, to learn more and discuss issues affecting LGBT military families. The Summit begins Monday with a day of panels and meetings followed by visits to Capitol Hill on Tuesday, organized in close cooperation with SLDN. To learn more or register for the Summit, click here.

04-27-12 By Zeke Stokes, SLDN Communications Director | Comment (0)

SLDN Week in Review: April 16-20, 2012

New York Times Covers Historic Loverde Reinstatement. This week, SLDN announced a resolution on behalf of Air Force Staff Sergeant Anthony Loverde in the Almy v. U.S. case, making him the second service member to be reinstated to his previous rank and position on active duty following "Don't Ask, Don't Tell" repeal. He will take the oath in May and report to duty at Little Rock AFB in Arkansas in June. Following a week of wide coverage in both mainstream and LGBT media, the New York Times profiled the Loverde reinstatement on Friday in its national print edition. To read the New York Times coverage, click here. For SLDN's news release about the reinstatement, click here.  

DOMA Taxes Military Families Unfairly. SLDN's lead plaintiff in the case McLaughlin v. U.S., which challenges the so-called Defense of Marriage Act (DOMA) and three other federal statutes that prevent equal benefits and support for all military families, published an op-ed piece this week highlighting the difficulties that tax day brings for married gay and lesbian service members and their families. To read the op-ed, click here.

SLDN and OutServe Partner on New Weekly Podcast. SLDN and OutServe have partnered to bring you a weekly podcast, a ten-minute look at timely news and information related to LGBT military service. The podcast is hosted by MC1(SW) Jeremy Johnson, a U.S. Navy reservist and member of SLDN's Military Advisory Council. To listen to the most recent podcast and subscribe to future editions, click here.

04-20-12 By Zeke Stokes, SLDN Communications Director | Comment (0)

DOMA Taxes Military Families

For seven years, I have run a tax center for the National Guard.  This year we will produce more than 1800 federal and state returns for service members and veterans in our community. I am very proud of this work, and I love working with the clients who walk through the door.  But to be honest, every time a same-sex married couple walks in, I cringe.

Filing taxes is a dreadful enough prospect for most Americans, but for Americans who happen to be in a same-sex marriage, it’s a nightmare. While most married couples gather their receipts, W2s, mortgage interest documents, and medical and daycare expenses, same-sex married couples have to hunker down for the added prospect of producing multiple returns and "dummy" returns.

Let me explain.

I am in a same-sex marriage. My wife Casey and I live in Massachusetts, and under state law, we are required to file either "married filing jointly" (most common and usually most advantageous) or "married filing separately" for our state taxes. Those are our only options. For the purposes of federal taxes, however, because of the so-called Defense of Marriage Act (DOMA), my wife and I are legal strangers.

So what does this mean as April 17, 2012 rolls around? My wife and I have to go through the following process:

First, we put together and file two separate federal tax returns, each filing as single people. Then, because the state requires us to file as a married couple and all state returns are derived from the federal return, we must create a “dummy” federal return in order to draw the numbers to create our state return. So, instead of one federal return and one state return like our straight counterparts, our family produces three federal returns and one state return.

Now I know all of this sounds like a lot of busy work, and some may look at it like it is only an irritation.  Unfortunately, though, there are real, bottom-line financial impacts for our family and the families like ours that come to my tax center as a result of being forced by DOMA to file these separate returns. For example, if we were allowed to file jointly, since my wife stays at home with our two children, we would be able to include her as a dependent on our family’s federal income tax return. But because I am forced to file with a "single" status known as “Head of Household," we lose thousands in deductions and exemptions. In our case, that equals well over a thousand dollars in our refund.

Then, as an extra special gift from DOMA, since my wife cannot be on my health insurance, we paid nearly $700 a month for a separate health insurance plan for her. Yet, we cannot even deduct that expense from our taxes.

So as we wrestle with our shoebox of receipts and the ticker tape from the calculator that streams down the side of the desk, Casey and I are reminded once again why this fight for equality matters. It's time to honor all love and commitment - and all American families - on Tax Day and every day.

ABOUT THE AUTHOR: MAJ Shannon McLaughlin is a United States Army Major in the Massachusetts National Guard and serves as a Judge Advocate General (JAG). Her current military assignment is Chief of Legal Assistance for the Massachusetts Army National Guard. She has served for 13 years and is married in the State of Massachusetts to Casey McLaughlin. They are the proud parents of sixteen-month old twins, Grace and Grant. They are lead plaintiffs in SLDN's landmark litigation challenging DOMA and other federal statutes on behalf of service members and veterans.  

For more information on how LGBT families are subjected to unequal taxation and undue burdens at tax time, click here.  

04-16-12 By By Major Shannon McLaughlin; Boston, MA | Comment (0)

SLDN Week in Review: April 9-13, 2012

SLDN Seeks to Expedite McLaughlin v. U.S. This week, SLDN filed a new motion in its case challenging the so-called Defense of Marriage Act (DOMA) and three other federal statutes that prevent equal recognition and benefits for gay and lesbian service members, veterans, and their families. The motion sought to establish a deadline for intervention by Speaker John Boehner's Bipartisan Legal Advisory Group (BLAG) but was denied by the court on Thursday. Said SLDN Legal Director David McKean: "While we were hoping to expedite BLAG's decision to intervene or not, we nonetheless expect that the Speaker's attorneys will seek to intervene shortly and the case will move forward once the stay is lifted on April 28." For more on this, click here.

It's Time to Honor All Military Families. This week, SLDN Executive Director Aubrey Sarvis published a new piece on Huffington Post, praising the White House for its inclusion of LGBT service members, veterans, and their families in its outreach efforts since the repeal of "Don't Ask, Don't Tell." However, Sarvis points out that until laws like DOMA are repealed, there can be no equality for all military families. Read his post here.

Joining Forces...and Moving Forward. Meanwhile, SLDN Government Affairs Director Jeremy Wilson-Simerman attended the one-year anniversary celebration of Joining Forces, the initiative founded by First Lady Michelle Obama and Dr. Jill Biden to honor military families. Click here to read about his trip to the White House Wednesday and his conversations with the First Lady and Dr. Biden regarding SLDN's work on behalf of LGBT military families.

SLDN Announces 2012 LGBT Pride Schedule. On Thursday, SLDN released its schedule of LGBT Pride Festival appearances across the country in 2012. Click here to see the schedule and volunteer to help in your community.

04-13-12 By Zeke Stokes, SLDN Communications Director | Comment (0)

SLDN Announces 2012 Pride Schedule

One mission.  Full equality.

Starting this weekend, SLDN will be taking that message to LGBT Pride events all across the nation as our work continues to achieve full LGBT equality in our military. Repealing "Don't Ask, Don't Tell" (DADT) was a monumental achievement, but it did not level the playing field for LGBT service members and veterans. Whether it's fighting for equal benefits and recognition for all military families, providing free legal services to LGBT service members and veterans, or supporting transgender military service, SLDN will remain on the frontlines until the job is finished. 

This weekend, we’ll kick things off in Miami, and we hope you can join us.  If not, there are opportunities to participate in our Pride activities through October.  Check out the full list below, and sign-up to volunteer at an event near you! Just a few hours will make a huge difference for our men and women in uniform.

Miami, FL — 4/15/2012
Honolulu, HI — 6/2/2012
Boston, MA — 6/9/2012
Washington, DC — 6/10/2012
Columbus, OH — 6/16/2012
Denver, CO — 6/16-17/2012
Portland, OR — 6/16-17/2012
New Orleans, LA — 6/24/2012
New York City, NY — 6/24/2012
San Diego, CA — 7/21-22/2012
Las Vegas, NV — 9/8/2012
Austin, TX — 9/22/2012
Orlando, FL — 10/6/2012
Atlanta, GA — 10/13-14/2012

Don't see your city on the list?  Want to help organize an SLDN presence there?  Contact me at .(JavaScript must be enabled to view this email address).

Happy Pride! 

04-12-12 By Danny Hernandez, SLDN Pride Coordinator | Comment (0)