commentary
Beyond the Briefs
Obama’s Cabinet will promote gay rights
Published Thursday, 18-Dec-2008 in issue 1095
As I noted in last week’s column, President-elect Obama’s cabinet nominees could have vast significance for our community.
Each nominee has the potential to affect our lives for the better. So it’s important that we know how Cabinet members are uniquely positioned to help us, and it’s vital that we do all we can to influence their decisions by contacting our state representatives with our opinions on matters that affect us.
Here’s a look at several recent nominees and why they matter to GLBT people around the world.
Defense Secretary Robert Gates: A federal appeals court refused this month to revisit a ruling that raised uncertainty about the constitutionality of the “Don’t Ask, Don’t Tell” (DADT) policy for GLBT military personnel.
The ruling is Witt v. Air Force, a Ninth U.S. Circuit Court of Appeals decision that found that a female officer who lived with a female partner off base, and who had not engaged in sexual conduct on base or while on duty, could not be discharged under DADT. The court’s opinion made it clear that DADT is unconstitutional as it applies to private, adult consensual sexual conduct that poses no threat to military objectives.
The Department of Defense could now appeal the matter to the U.S. Supreme Court. But Obama’s nominee for Defense Secretary, Robert Gates, is not expected to do so.
If the federal court’s decision stands, it would put an end to discharges of GLBT personnel who conduct same-sex relations off base. GLBT personnel would finally be able to serve openly and proudly.
A standing decision would also save Obama and the Democrats in Congress from having to cast tough votes to rescind DADT. The statute would then remain “in the book” but would no longer be valid. (There are lots of such defunct laws; the U.S. Constitution, for example, retains language permitting slavery, which is, of course, no longer legal.)
Secretary of Veterans Affairs Eric Shinseki: In addition to nominating Robert Gates, Obama has also nominated a Secretary of Veterans Affairs Eric Shinseki. Shinseki will address the rights of GLBT veterans’ adopted children. These children should receive the same benefits that adopted children of heterosexual veterans’ receive when their parents die. Shinseki will also address the rights of discharged GLBT veterans who deserve to receive benefits for their time served. (These are rights, not reparations for DADT.)
Secretary of Commerce Bill Richardson: President-elect Obama has nominated Bill Richardson as Secretary of Commerce, a post designed to promote commerce abroad.
Richardson has been a major supporter of GLBT rights, not only when he served in the Clinton administration, but also as governor of New Mexico.
There are a number of countries that want desperately to trade with the United States, or otherwise seek investment from the U.S.
Some of these have atrocious policies against GLBT people, such as Kyrgyzstan, which has an official policy that it is lawful to rape a woman who is a lesbian, because rape is considered a “cure.”
Richardson can help GLBT people all over the world by tying U.S. trade to protecting the rights of our community.
Secretary of Treasury Timothy Geithner: GLBT buying power is estimated to be between $650 billion to $1 trillion a year. So it’s important that we let Treasury nominee Tim Geithner know that when our money goes to bail out companies, those companies must demonstrate their willingness to seek our business.
Looking at the ads in the gay media, one gets the impression that only a handful of companies are interested in our money. That’s stupid and not good business.
Add your voice to the shaping of a better tomorrow. Send e-mails to your state representatives to increase their influence with Cabinet.
For more information about how to contact Congressmembers Davis and Filner, visit www.gaylesbiantimes.com/ links/1095.
Robert DeKoven is a professor at California Western School of Law.
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