California Sen. Christine Kehoe, D-San Diego, announced last week that the California National Guard will not discriminate against state guard members who are gay, lesbian or bisexual. The decision came following Kehoe’s request last fall to the California Military Reserve. In response, Major General William H. Wade II, commander of the California Military Reserve, issued a policy memorandum on the state’s commitment to nondiscrimination on the basis of sexual orientation.

The memorandum, dated Feb. 14, stated that nonfederal personnel who are lesbian, gay and bisexual will join other protected classes such as race, color, religion, nationality, gender, disability and age. According to the memo, “All leaders are responsible for ensuring that every member of the State Civil Service, State Military Reserve and State Active Duty who are not federally recognized receive fair and equitable treatment on the basis of their capability and merit without regard to race, color, religion, nationality, gender, disability, age or sexual orientation.”

“I’m impressed by the leadership of Major General Wade, who understands that qualified military personnel should never be discriminated against because of their sexual orientation,” Kehoe said.

Kehoe met with Wade in September 2006 and asked the guard to ensure conformity with state protections found in the California Military and Veterans Code.

“I hope that the California National Guard’s decision becomes a model for national guards across the country,” she said.

The nondiscrimination order, signed in September 2004 by California Governor Arnold Schwarzenegger, will now apply to all California state military personnel who are ineligible for activation or deployment by the federal government.

“This is an important step in the right direction,” Kehoe explained, noting the significance of the new policy is that it allows every member of the state California military personnel to receive fair and equitable treatment and protection. “It means that these military personnel will not be subjected to the ambiguities of ‘Don’t Ask Don’t Tell,’” she said.

However, the order does not apply to National Guard units in California who are federal employees. Federal guard members will continue to operate under the “Don’t Ask, Don’t Tell” policy, which has discharged more than 11,000 servicemembers because of their sexual orientation since the law’s inception in 1994.

“There are federal employees and state employees who comprise the California National guard. This policy affects those who are state members of the guard, which is estimated at 700-800,” explained Sean Wherley, a district representative for Kehoe.

According to Wherley, this is not a bill, but an order written into the guard’s policy. “A bill would only be necessary if the policy could not be implemented by the guard’s own action,” he explained.

The policy takes effect immediately, and according to the memorandum it is the responsibility of every member of the California Military Department to ensure that it is enforced.

“California is leading the way in showing respect and gratitude to those who risk so much for their communities, their state and their nation,” said C. Dixon Osburn, executive director of Servicemembers Legal Defense Network (SLDN). “Our federal government should follow California’s example and allow all military personnel to serve openly in our armed forces. More than 65,000 servicemembers continue to be forced into the shadows by ‘Don’t Ask, Don’t Tell.’ Those who wear our nation’s uniform deserve better. SLDN applauds Governor Schwarzenegger and Major General Wade for taking a strong stand against discrimination.”

It is unknown if California is the first state to do this, but what is known is the California Legislature recently passed a resolution encouraging Congress to repeal “Don’t Ask, Don’t Tell.” The state went on record supporting the Military Readiness Enhancement Act (MREA), a congressional bill to lift the ban.