This week, the Boy Scouts of America National Council will finally vote on whether to amend its policy to allow gay Scouts, though it would still prohibit gay Scout leaders. Conservatives continue to eagerly argue that maintaining the complete ban on homosexuality is important for “protecting” Scouts as well as the religious faith of the many churches that sponsor troops, though many people of faith support equality in Scouting too. But last week, the Family Research Council’s Cathy Ruse presented this interesting “Don’t Ask, Don’t Tell” interpretation of the ban:

Finally, an important distinction has been lost in the current debate. The Boy Scouts’ long-standing policy does not, by its terms or in practice, exclude people who experience same-sex attraction. Rather, the prohibition is on “open and avowed” homosexuality, and it is that prohibition which will be lifted if the resolution passes.

In other words, it’s apparently okay to be a gay Scout — it’s just not okay to acknowledge it. The problem isn’t whether there’s someone gay in a troop, but whether people in the troop actually learn anything about the existence of gay people. In contrast, multiple studies have shown that coming out is actually good for individuals’ health. Honesty to one’s self, friends, family, and community also embodies the Scout virtue of being trustworthy.

This argument actually compromises conservatives’ many claims about gay men being sex-obsessed pedophiles. Instead, it reflects an assumption that sexual identity should be denied or repressed, framed by Ruse’s plea to Catholic church sponsors to oppose the change. It’s basically an admission that opposition to lifting the ban has little to do with “protecting” anybody and more to do with maintaining religion-fueled animus against people who are gay, lesbian, and bisexual. Indeed, this approach jibes with how the Catholic Church tries to simply deny the existence of gay people.

By trying to posit both arguments simultaneously, the Family Research Council and other conservative groups demonstrate that they have no legitimate reasons for discriminating against gay Scouts. They support discrimination simply because they support anti-gay stigma.

Despite the repeal of Don’t Ask, Don’t Tell, the military still does not allow people who are transgender to serve. Still, many people only transition after they’ve completed their service, creating complications for their continued receipt of benefits. Now, the Pentagon has recognized its first gender change for a military veteran and established a process — albeit a bit burdensome one — for future trans vets to do the same.

Blogger and activist Autumn Sandeen was informed earlier this month that the Defense Enrollment Eligibility Reporting System (DEERS) has been updated to show her gender as female. Department of Defense spokesman Lt. Cmdr. Nathan Christensen provided the following statement to BuzzFeed:

For the last several years, the Department has made requested changes to gender in the Defense Eligibility Enrollment Reporting System (DEERS) for military retirees. A gender change in DEERS may be accomplished by the retiree presenting the following documents:

- A letter from the doctor who performed the surgery, documenting completion of a gender reassignment surgery
- A court order, legally changing the gender in accordance with applicable state law
- An original birth certificate
- A document, reflecting the sponsor’s name and if applicable, gender following completion of the gender reassignment procedure for a spouse

The Department will not change a gender in DEERS if it results in a loss of benefits to the spouse of the retired member due to the Defense of Marriage Act (DOMA).

The last point is noteworthy, in that the military is committed to making sure retirees receive spousal benefits without conflicting with the limitations of DOMA.

Still, as Sandeen points out on her own post, the hurdles for the gender change are somewhat extensive. The requirement that a trans person complete gender reassignment surgery is problematic because not all trans people want to get such surgery — particularly given sterilization is a consequence — and many cannot afford it. Further, the required birth certificate change is simply not allowed in all states.

Clearly, there are still many changes that need to made to allow trans people full inclusion in military service and the associated benefits, but this is a step in the right direction.

Despite the incredible outpouring of support for NBA player Jason Collins after he came out on Monday, there were still some negative responses. A series of Tweets from former NBA All-Star Larry Johnson, who still works as a business operations representative for the New York Knicks, was particularly revealing about how some players may respond to playing beside someone who is gay. Johnson’s opposition to homosexuality seems to be at least partially motivated by his Islamic faith, but also reflects some general insecurities players may have in the locker room:

I don’t Jason Collins personally but he seems like a great guy. Me personally gay men in the locked room would make me uncomfortable .

— Larry Johnson (@TheRealLJ2) April 29, 2013

@runninrebe1 thx you for your comment SIR, homosexuality is nothing to fear,I don’t think it belongs in a mans locker room

— Larry Johnson (@TheRealLJ2) April 30, 2013

@runninrebe1 here’s a man that say he’s attracted to other men. Now he’s walking around a locker room with naked man.

— Larry Johnson (@TheRealLJ2) April 30, 2013

@runninrebe1 I’m attracted to women,is it ok for me to walk around a women’s locker room naked, and they be naked.

— Larry Johnson (@TheRealLJ2) April 30, 2013

Ppl ! this is nothing against Jason or homosexual’s,all I’m saying is this don’t belong in a man’s locker room.

— Larry Johnson (@TheRealLJ2) April 30, 2013

I don’t judge anyone!! I have fallen shortof the grace of Allah myself, but stop trying to make this acceptable.

— Larry Johnson (@TheRealLJ2) April 30, 2013

Johnson’s concerns about nudity in the locker rooms reflect an archaic stereotype of gay men as predatory, though he’s likely not alone in having this concern. By reducing a player to assumptions about his sexuality, this line of reasoning ignores his ability to contribute to the team. Even Johnson seems to realize that his argument reflects his own insecurities, not the intentions of a gay teammate in the locker room:

“@russdzl: @thereallj2 LJ I respect your opinion but gay guys ain’t looking for straight guys just saying.”good point.

— Larry Johnson (@TheRealLJ2) April 30, 2013

This same argument was at the core of opposition to repealing the military’s, “Don’t Ask, Don’t Tell” policy banning openly gay, lesbian, and bisexual servicemembers. Conservative outlet CNS News once tried to confront Rep. Barney Frank (D-MA) about the shower issue, and he pointed out that gay people shower with straight people all the time everyday. He also countered with this question: “Do you think that gyms should have separate showers for gay and straight people?” Similarly, if Johnson believes homosexuality does not belong in a men’s locker room, it’s unclear what option is left for gay men. Watch the classic interview with Frank:

This weekend, OutServe-SLDN held its National Dinner, the first since the two LGBT military organizations joined in Summer 2012. Executive Director Allyson Robinson delivered the first-ever “State of LGBT Military Service Address,” in which she highlighted the many recent victories for LGBT servicemembers, but pointed out that there is still much to fight for:

Today, “Don’t Ask, Don’t Tell” is a memory — and a lesson about what we can achieve when we work together. Now, that historic victory is just that — history. But the fight for full LGBT equality in our armed forces is far from over. In fact, it’s just getting started.

LGBT troops still lack even the most basic nondiscrimination protections — protections that have been the standard with other American employers for years. The Defense of Marriage Act still denies LGBT military families the most important support services — things like health insurance and survivor benefits. Qualified Americans who are transgender and who want to serve in uniform are still forbidden from doing so by medical regulations that have become ridiculously obsolete. And despite the repeal of “Don’t Ask, Don’t Tell,” thousands of our troops are still in the closet, afraid of what coming out might mean for their careers, their families.

Indeed, there is still important progress to be made. There is little more that can be done until the laws are changed so that servicemembers can achieve all the same benefits and protections as other members of the military enjoy. However, in the wake of DADT’s repeal, there is incredible new power in the ability for LGBT soldiers to be out and advocate for themselves — a power that OutServe-SLDN is only just beginning to tap into. The challenges ahead may be great, but the resources to face them are more robust than ever.

For the past two years, House Republicans have attempted to use the National Defense Authorization Act to solidify some anti-gay principles into military codes, including a ban on same-sex weddings on military bases, a “license to bully” that encouraged anti-gay harassment, and redundant conscience protections for military chaplains. Some of these conscience protections advanced in the final version of the bill this past fall, and Obama criticized them in a signing statement, calling them “unnecessary” and “ill-advised.” Now, Rep. Tim Huelskamp (R-KS) is once again trying to enshrine discrimination into the nation’s military.

His new bill, H.R. 914, the “Military Religious Freedom Protection Act,” contains more redundant protections for military chaplains, ensuring — as is already the case — that they cannot be penalized if their religious beliefs are not pro-gay. What seems evident is that those redundancies are simply a guise for the last little provision in the bill: a ban on same-sex marriages on military bases:

A military installation or other property owned, rented, or otherwise under the jurisdiction or control of the Department of Defense shall not be used to officiate, solemnize, or perform a marriage or marriage-like ceremony involving anything other than the union of one man with one woman.

Furthermore, if there is any concern that chaplains’ consciences are not already protected, it seems that these reiterated provisions could only serve to protect outright anti-LGBT harassment.

In the year after Don’t Ask, Don’t Tell was repealed, only two individuals — both chaplains — left the military in protest. Nothing about this bill supports the military or its members.

A new study from the University of Montana found that gay soldiers who continue to remain closeted while serving are much more vulnerable to mental health challenges, including depression, anxiety disorders, drug use, Post-traumatic Stress Disorder (PTSD), and attempted suicide. About 20 percent of people in the study were discharged under Don’t Ask, Don’t Tell. Here are some of the findings:

• The actual rate of suicide among gay, lesbian, and bisexual soldiers is 14.7 percent, compared to 0.0003 percent among the entire veteran soldier community.
• LGB servicemembers are twice as likely to develop problems with alcohol.
• LGB servicemembers are five times as likely to show signs of PTSD.
• 68.7 percent were constantly trying to conceal their sexual orientation.

Researchers argue that even with the repeal of DADT, harassment and victimization of LGB soldiers will likely continue to be a problem in the military, leading to some of these same consequences. In contrast, past studies have also shown that out employees in any workforce not only succeed more themselves, but improve the productivity of their colleagues.

On Monday, the Defense Department released a new list of benefits that the same-sex partners of military servicemembers could access in spite of the limitations imposed by the Defense of Marriage Act. One spousal benefit that was not specifically mentioned was eligibility to be buried in Arlington National Cemetery, but that didn’t stop the American Family Association from making that its primary complaint. In an action alert sent out after the Pentagon’s announcement, the anti-gay hate group warned that same-sex partners would violate the cemetery’s “hallowed grounds,” complete with the misspelled graphic pictured at right:

This means the military will recognize homosexual lovers as “married” and will give a full slate of benefits, including burial in Arlington National Cemetery.

Panetta, at every turn, has exposed the military to open homosexuality, which presents an unacceptable risk to good order, discipline, morale and unit cohesion – qualities essential for combat readiness.

Actually, the new guidance allows the military to recognize same-sex domestic partnerships specifically so it doesn’t have to recognize same-sex marriages. Nevertheless, AFA is encouraging supporters to send the following letter to members of Congress:

Under your watch, Secretary of Defense Leon Panetta has effectively devastated our nation’s military by allowing the “gay agenda” to take priority over national defense.

This week, his decision to grant “marriage” benefits to homosexuals in the military presents an unacceptable risk to good order, discipline, morale and unit cohesion – qualities essential for combat readiness.

Most disturbing is his decision to allow homosexual partners to be buried on the hallowed grounds of Arlington National Cemetery.

I urge you to do your part in restoring sanity to the Department of Defense and stop social experimentation in the military.

Besides the fact that plenty of gay people are surely already buried in Arlington National Cemetery, repealing Don’t Ask, Don’t Tell had no consequential impact on the military’s “good order, discipline, morale, and unit cohesion.” DADT was the social experiment, and all that came of it was the firing of soldiers. The social experiment of shame and discrimination is over.

It took 17 months, but the Defense Department has finally issued guidance about benefits that can be extended to the same-sex partners of military servicemembers now that “Don’t Ask, Don’t Tell” no longer requires that they hide their identities. The list does not address some serious issues of concern, including health care, housing, and survivor benefits because of the Defense of Marriage Act, but does allow servicemembers to designate specific protections to their partners, including some through the recognition of a domestic partnership. Here are a few of the new benefits:

Member-Designated Benefits

• Service Members Group Life Insurance Beneficiary
• Veterans’ Group Life Insurance Beneficiary
• Survivor Benefit Plan Beneficiary for Retirees
• Casualty Notification
• Designation of Persons Having Interest in Status of a Missing Member
• Hospital Visitation Privileges
• Designation of Persons Authorized to Direct Disposition of Remains of Members of the Armed Force
• Presentation of the Flag of the United States

Additional Benefits for Same-Sex Domestic Partners

• Dependent ID cards
• Commissary Privileges
• Exchange Privileges
• Morale, Welfare, and Recreation programs
• Emergency Leave
• Youth Programs
• Family Center Programs
• Child Care
• Legal Assistance
• Joint Duty Assignments

The memo announcing the benefits notes that should the Defense of Marriage Act no longer apply to the department, policy will be to “construe the words ‘spouse’ and ‘marriage’ without regard to sexual orientation, and married couples, irrespective of sexual orientation, and their dependents, will be granted full military benefits.” It also contains a new process for same-sex couples to declare to the military that they are, in fact, domestic partners, which presumably even couples that are already married would have to fulfill to receive the benefits.

OutServe-SLDN praised outgoing Defense Secretary Leon Panetta for “getting us a few steps closer to full equality.”

The Pentagon is set to announce that it will extend some partner benefits to gay and lesbian service members as early as today. While the Department of Defense is unlikely to find a way to offer full health-care coverage and more than 93 other spousal benefits granted by Congress while the Defense of Marriage Act remains in effect, outgoing Defense Secretary Panetta must seize the opportunity to extend these benefits to same-sex military spouses to the fullest extent possible under the law.

The checklist of 11 benefits Secretary Panetta can and should extend to same-sex military spouses include:

• Allowing same-sex dual-military spouses to be considered for joint duty assignments to assure that their families will not be forced to separate as a result of the military’s need to routinely relocate personnel. As the regulation is currently written, same-sex spouses are not eligible for joint duty assignments, so they are at increased risk of separation when they receive orders for a new duty station.
• Issuing explicit guidance that states a same-sex spouse cannot be prevented from visiting a spouse or a child in a military hospital because that couple’s marriage isn’t recognized by the federal government. Current Pentagon regulations allow military health treatment facilities that do not participate in Medicare to discriminate on the basis of sexual orientation.
• Issuing military identification cards to same-sex partners of military personnel so they can shop at military commissaries, and access gymnasiums, movie theaters, and other family support programs on bases and posts that are freely available to heterosexual spouses. Military regulations currently do not allow a same-sex spouse to obtain such a military identification card and bar these military family members from taking advantage of on-base benefits and support programs.

Since the 2011 repeal of “Don’t Ask, Don’t Tell,” military families headed by same-sex spouses have been barred from accessing these legally available benefit programs and support services.  In his last days before leaving office, Defense Secretary Panetta can and must extend benefits to same-sex military spouses. Doing so would not only uphold the strong civil rights record he has accrued at the Defense Department, but would also send a clear message to Congress and the Supreme Court that we must ensure that all our military members — gay, straight, male, or female — are treated with the dignity and respect they deserve.

Our guest bloggers are Robert Avruch, intern for CAP External Affairs, and Katie Miller, Special Assistant for LGBT Progress.