Servicemembers Legal Defense Network
The Servicemembers Legal Defense Network (SLDN) is a non-profit legal services, watchdog, and policy organization founded in the United States in 1993. It is dedicated to ending discrimination and harassment of gay and lesbian U.S. military personnel negatively affected by the "Don't ask, don't tell" (DADT) policy which was established in 1993. The SLDN documented over 700 violations in the policy's first two years of operation.[1]
As of January, 2011, SLDN provided legal aid to more than 10,000 service members.[2]
On July 2, 2012, SLDN announced that it would merge with OutServe, an organization of active gay and lesbian military personnel, in October 2012.[3]
The Servicemembers Legal Defense Network originally defined its purpose as bringing an end to the U.S. military's DADT policy, which from 1993 to 2011 prohibited gays, lesbians and bisexuals from serving openly in the military, either by repeal of the statute that enacted it or by winning a judgement against the policy in the courts. It planned to monitor the dismantling of the policy in order to protect servicemembers during that process and then to serve as a watchdog for the right to serve in the U.S. military without regard to "actual or perceived sexual orientation or gender identity or militarily appropriate gender expression". It includes within the scope of its mission all active duty, National Guard, reserves, and officer training programs.
SLDN provides free legal advice and assistance service members and potential recruits. It works with veterans organizations and allied organizations on behalf of their shared goals.
In June 2008, the United States Court of Appeals for the First Circuit ruled against SLDN in Cook v. Gates, in which SLDN's twelve clients sought reinstatement in the military after being discharged under DADT.[4]
In December 2010, the Don't Ask, Don't Tell Repeal Act established a process of review by senior military personnel designed to dismantle the DADT policy. In response, in January 2011, Servicemembers Legal Defense Network produced its own plan for ending the policy.[5] The DADT policy ended in September 2011.[6]
On October 27, 2011, SLDN sued the Department of Defense, challenging Section 3 of the Defense of Marriage Act (DOMA) and two statutes that detail military benefits.[7] In a November 21 filing, SLDN argued:[8]
Any claim that DOMA, as applied to military spousal benefits, survives rational basis review is strained because paying unequal benefits to service members runs directly counter to the military values of uniformity, fairness and unit cohesion. While there was once a debate as to whether gay and lesbian service members should be allowed to serve openly in the armed forces -- just as there were similar debates regarding integrating the military by race and then by gender -- there never has been any debate as to whether similarly situated service members who do the same work deserve the same benefits.
The case, McLaughlin v. Panetta, was put on hold at the request of both sides in anticipation of the outcome of two other First Circuit cases that were being appealed, Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services.[9] On February 17, 2012, the DOJ announced it could not defend the constitutionality of the statutes challenged in the case and passed the defense to the BLAG.[10] As of May 2012, the parties were disputing the BLAG's right to intervene.[11]
SLDN has been criticized by parts of the transsexual and intersex communities for excluding them from "Freedom to Serve" events and activism during the DADT debate.[12] Transsexual and Intersex servicemembers are banned from serving openly in the US Military under a "Medical Ban". This ban enforces DADT-style investigations,[13] though unlike DADT can be used to launch criminal proceedings against servicemembers. Throughout its existence, SLDN has refused to state their position on how these bans should be repealed while it has claimed to be the premier LGBTI military rights organization in the U.S.
SLDN has also received criticism for presenting the "Barry Winchell Courage Award", named for Barry Winchell, an Army private who was murdered after it was discovered that he was dating transsexual activist and actress Calpernia Addams. SLDN have claimed that Winchell was gay. Addams and others have stated that Winchell was heterosexual.[14][15]
[edit] See also
- Blue Alliance
- Don't ask, don't tell
- Military of the United States
- Veterans Benevolent Association
- Witt v. Department of the Air Force
- OutServe
- Servicemembers United
- USNA Out
[edit] Notes
- ^ Conduct Unbecoming: 3rd Annual Report on Dont Ask, Dont Tell, Dont Pursue C. Dixon Osburn, Michelle M. Benecke, Kirk Childress. DIANE Publishing, 1997. ISBN 0-7881-4678-5, ISBN 978-0-7881-4678-7.
- ^ San Diego Community News: Momentum on the Midway fund-raiser returns to San Diego Gay and Lesbian Times, 1 September 2005; Issue 923.
- ^ SLDN: "Stronger. Together. SLDN, OutServe Boards Announce Intent to Combine," July 2, 2012, accessed July 2, 2012
- ^ SLDN: Cook v. Gates, accessed July 11, 2011
- ^ "Next Steps for 'Don't Ask, Don't Tell' Repeal", accessed July 11, 2011
- ^ http://latimesblogs.latimes.com/nationnow/2011/09/dont-ask-dont-tell-officially-repealed.html
- ^ MetroWeekly: Chris Geidner, "SLDN Files DOMA Challenge, Seeking Equal Benefits for Same-Sex Military Spouses," October 27, 2011, accessed February 17, 2012
- ^ MetroWeekly: Chris Geidner, "SLDN Lawyers Tell Court 'American Servicemembers and Their Families Are Among DOMA's Victims'," November 21, 2011, accessed February 17, 2012
- ^ MetroWeekly: Chris Geidner, "SLDN, DOJ Agree to 60-Day Delay in Case Challenging Gay Servicemembers' Spousal Benefits," February 16, 2012, accessed February 17, 2012
- ^ MetroWeekly: Chris Geidner, "DOJ Won't Defend Laws Preventing Equal Treatment for Servicemembers With Same-Sex Spouses," February 17, 2012, accessed February 17, 2012
- ^ Wisconsin Gazette: "Boehner moves to defend anti-gay DOMA in military case," May 4, 2012, accessed June 13, 2012
- ^ SLDN Releases Post-DADT Freedom to Serve Guide and Demands Benefits - Bay Times - www.sfbaytimes.com/PDF/8-25-BayTimes-complete.pdf - 25th August 2011
- ^ DADT dead but ban on transgender service remains - Sept. 20, 2011 by Kate Sosin, Windy City Times http://www.windycitymediagroup.com/gay/lesbian/news/ARTICLE.php?AID=33840
- ^ "SLDN celebrates ten years fighting for LGBT people in the military" By Bob Roehr Originally printed 10/9/2003 (Issue 1141 - Pride Source - Between The Lines News) http://www.pridesource.com/article.html?article=4817
- ^ "Case Examines the Law Regarding Transgender Discrimination" By: Gerri L. Elderhttp://www.totalinjury.com/news/articles/discrimination/federal-transgender-discrimination-case.aspx
[edit] External links
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- Organizations established in 1993
- LGBT rights organizations
- LGBT political advocacy groups in the United States
- United States military support organizations
- Sexual orientation and the United States military
- Legal advocacy organizations in the United States
- LGBT military-related organizations
- Don't ask, don't tell
