Open questions for active-duty servicemembers: What do you think of DADT repeal?

I am working on an a couple of articles about DADT repeal and I would like to hear from both active duty servicemembers and gay or lesbian servicemembers who were discharged because of DADT. One of the articles I am writing  is for examiner.com, Spokane and one is for Yahoo Associated Content. Anonymous responses are welcome, as long as you tell me that you want your identity kept confidential.

I would appreciate it if people who are not in the military, but have friends or family who are, pass on the link.  Questions for LGBT servicemembers are after the jump.  You can respond in the “Comments” section, below, or contact me via e-mail: susanfermanaustin@gmail.com  Please include whether you are currently in the military and where you are from with your replies.

Women’s Rights victory in Israel

Freedom Riders of 2011
By Sharon Shenhav, J.D.

A major victory for women’s rights was won on January 6, 2011, when the Israeli High Court declared that segregation on public transportation is illegal. Relying on court decisions and legislation, Supreme Court Justice Elyakim Rubinstein expressed surprise that in the year 2011 the court even needed to state the obvious: Women are entitled to sit wherever they choose on public buses.

Reviewing the history of bus transportation, he reminded us that there had never been segregation on public buses, and that the issue of segregated seating was raised only in the past decade by a group of religious extremists. They demanded that women sit in the back of public buses on certain routes that traveled through Haredi neighborhoods. They also demanded that women be dressed in a modest fashion, as determined by their “modesty patrols.”

The Egged bus company complied with these demands and women were directed to the rear of certain buses, while the front was reserved for men. When some women refused to sit in the back, they were subjected to verbal abuse and occasional physical abuse by some male extremists.

A few women were not permitted to board these buses because of their choice of clothing. When best-selling Orthodox writer Naomi Ragen was subjected to severe harassment while riding a bus to her Jerusalem home, she decided to take action. In 2007, she filed a petition to the High Court of justice, claiming that she was being denied the right to sit in the front section of a public bus.

Joined by other female victims of harassment on buses, as well as by the Center for Religious Pluralism, they were hopeful when the court ordered the minister of transportation to set up a commission to study the issue, conduct hearings, and publish its findings. The commission presented its report in late 2009, declaring that segregated buses were illegal.

Recognizing that some religiously observant men (and women) might wish to sit separately on public buses because of concerns for modesty, the court stated that in a pluralistic, multicultural society, everyone should have the right to sit wherever he or she chooses. However, the court made it very clear that women have the right to sit at the front of the bus (or anywhere else on it) without harassment of any sort, whether verbal or physical. Those who interfere with that right would be subject to criminal prosecution.

Justice Rubinstein, an Orthodox Jew, quoted liberally from Jewish law sources in his opinion, noting that respecting human dignity and love of all humankind were basic to Judaism.

Since all of the parties accepted the commission’s conclusions, the court ordered the Transportation Ministry and Egged to implement the report as follows:

1. All previously gender segregated bus lines are to carry signs stating that every passenger is entitled to sit wherever he or she chooses, except for seats designated for the disabled, and that anyone who interferes with that right by harassing a passenger may be subject to criminal prosecution. These signs are to be of a reasonable size and are to be posted at both the front and rear doors.
2. Bus companies must publicize in Haredi daily newspapers that segregated bus routes have been cancelled, and every passenger has the right to sit wherever she or he chooses.
3. Bus drivers are to be trained to implement the Court’s decision that gender segregation is illegal.
4. The Minister of Transportation is responsible for overseeing the implementation of the Court’s decision, and must monitor the previously segregated bus routes to ensure that women are not being harassed or threatened.

The Court declared a trial period of one year to determine if the decision to eliminate gender segregated buses was being enforced. Rubinstein stated that if the Transportation Ministry finds that it is unable to protect women who choose to sit in the front of public buses, it should use its authority to close down those routes that continue to force gender segregation. He concluded that the influence of court decisions on human behavior may be limited. He expressed his hope that all parties would behave with tolerance and good will, for the benefit of society.

Women are cautiously optimistic, but unwilling to rely solely on government agencies and commercial bus companies to enforce the court’s decision.  Naomi Ragen and Sharon Shenhav, a women’s rights lawyer, are organizing a nationwide campaign entitled “Freedom Riders,” which will encourage women to ride buses on previously segregated routes, and to report on their experiences.  Shari Eshet, director of NCJW’s Israel Office met with Naomi and Sharon to discuss how to begin coordinating and organizing the campaign, which will include a hotline run by volunteers and a clearing house for the reports of the riders. Meetings are planned with the CEO of the Egged Bus Company and the Minister of Transportation with the hope that they will support and cooperate in enforcing the Court decision to eliminate gender segregation on Israeli buses.

Servicemembers Legal Defense Network calls on Obama to issue executive order prohibiting discrimination in the armed forces based on sexual orientation and gender identity

Washington, D.C. – In a letter sent to the White House today, Servicemembers Legal Defense Network (SLDN) urged President Obama to issue an executive order prohibiting discrimination in the armed forces based on sexual orientation and gender identity. SLDN recommends that the executive order go into effect on the date of “Don’t Ask, Don’t Tell” (DADT) repeal, which is 60 days after certification by the President, Secretary of Defense Robert Gates and Chairman of the Joint Chiefs of Staff Admiral Michael Mullen.

“Signing legislation that allows for repeal of ‘Don’t Ask, Don’t Tell’ was a necessary first step, but it is not sufficient for ensuring equality in the military. We call upon the President to issue an executive order so that sexual orientation and gender identity are not barriers to applying for a job or advancing in your career,” said Aubrey Sarvis, Army veteran and executive director for Servicemembers Legal Defense Network.

The explicit anti-discrimination provision that was part of legislation to repeal DADT was dropped from the bill passed by Congress and signed into law by the President last December.  An executive order is therefore needed to give service members recourse outside their chain of command if they are experiencing discrimination based on sexual orientation or gender identity.

“Every service member deserves equal respect and a safe work environment. President Obama now has an opportunity to demonstrate the same leadership that President Truman did when he issued an executive order to end racial segregation in the military, and issue an executive order that protects all patriots regardless of sexual orientation or gender identity. The President recognizes that it will take more than just repeal of ‘Don’t Ask, Don’t Tell’ to end discrimination against LGBT service members, and we couldn’t agree more,” Sarvis said.

To read the full text of the letter, click here.

Despite the President signing the bill authorizing repeal of DADT, it is still unsafe for service members to come out until 60 days after certification by President Obama, Secretary Gates, and Admiral Mullen. Warning to service members:  Lesbian, gay, bisexual and transgender service members with questions are urged to contact the SLDN hotline to speak with a staff attorney: 202-328-3244 x100.