VA Establishes LGBT
Special Emphasis Group
as EEO Effort Continues
by Danny Ingram
AVER President
Emeritus |
|
The
establishment of “sexual orientation” as a protected
class within the Department of Defense Military Equal
Opportunity program has been a major priority for some
time for American Veterans for Equal Rights and other
organizations working towards equality for LGBT military
service members, veterans, and their families. Earlier
this month, this designation became a reality, the
culmination of a concerted effort by many LGBT activists
and service organizations. It has not been an easy
victory, and the uphill battle has been going on for
many years. The designation of LGBT service members as
a protected class is not only necessary for the security
of our men and women in uniform, but carries significant
implications for LGBT veterans as well.
The
Military Equal Opportunity (MEO) program was established
as the primary means by which service members belonging
to a "protected class" can receive help to redress
complaints of harassment and discrimination. According
to the Air Force MEO Program website, "The MEO program
seeks to eliminate unlawful discrimination and sexual
harassment against military members, family members, and
retirees based on race, color, sex, national origin, or
religion." The first step in resolving an issue is to
report it to immediate superiors, to use "the chain of
command." If a member of the military who belongs to
one of the protected classes believes that they have
attempted to resolve an issue of harassment or
discrimination through the chain of command and have
received no assistance, they can appeal to the MEO
officer within their own unit for direct assistance.
Before LGB service members were added to the list of
protected classes, they did not have this ability. If
their commander was unwilling to help, or was the source
of the harassment, the only recourse open to LGB service
members would be to seek help from the Inspector
General, which is a very difficult, time consuming
effort. The difficulty of appealing to the IG, along
with the very real possibility of prejudice within the
chain of command, is the very reason that the MEO
program was established.
On May 10, 2010, before
the repeal of the “Don’t Ask, Don’t Tell” law, American
Veterans for Equal Rights joined a number of other LGBT
organizations including Servicemembers United, Human
Rights Campaign (HRC), and Service Members Legal Defense
Network (SLDN), in a meeting of the Department of
Defense (DOD) Comprehensive Review Working Group at the
Pentagon. The Working Group had been tasked by
President Obama with investigating how to repeal DADT
policies inside the DOD. The meeting was hosted by
current Secretary of Homeland Security Jeh Johnson, then
the General Counsel of the DOD, andJohnson,
General Counsel of the DOD, and General Carter Ham,
Commanding General, US Army Europe, who is in charge of
the Working Group.
General Carter Ham, Commanding General, US Army Europe,
who was in charge of the Working Group.
The
question was asked if “sexual orientation” would be
added to the DOD’s list of protected classes in the
official non-discrimination statement as a critical
means of establishing real protection for LGB service
members. Some critics claimed that this protection was
"bartered away" in order to secure votes for the Repeal
bill. Others claimed that such a non-discrimination
statement would make the military's inability to grant
equal benefits (including partner benefits) to LGB
service members not only more obvious but more
problematic. In its research into the possibility of
lifting the DADT ban, the Pentagon Working Group noted
that many members of the military had strong negative
feelings towards "special rights" in general, and were
therefore opposed to making LGB personnel a protected
class. It became clear that the DOD did not intend to
add “sexual orientation” as a protected class in the MEO
policy.
In
March, 2011, following repeal, AVER returned to the
Pentagon to attend a meeting at of the Repeal
Implementation Team (RIT), the task force coordinating
the removal of “Don’t Ask, Don’ Tell” policies in the
Department of Defense. The head of the RIT was Marine
Major General Steven A. Hummer, Deputy Commanding
General, Marine Corps Combat Development Command, a 41
year veteran on the USMC. In attendance along with AVER
were representatives of SLDN, the Gay and Lesbian
Medical Association, HRC, Outserve, Knights Out, Third
Way, and Servicemembers United. The question was asked
again if the military would be designating LGB service
members as a "protected class." General Hummer
confirmed that the DOD would not be establishing such
protections. There was much discussion of this issue
around the table. A service member will only be able to
go to their unit commander if they have a problem. What
if the problem "is" the unit commander? What if the
individual responsible for investigating a complaint
"is" the person against whom the complaint has been
filed? General Hummer said that the service member would
have the option of going to the Inspector General.
Several of the participants stated that it is a very big
decision for an enlisted person to go to the IG. It is
very intimidating to consider contacting the IG.
Enlisted personnel will "not have much recourse.” Will
IG be prepared to handle these issues? The general noted
that this will be a “training” issue, including how to
contact the IG if necessary.
AVER
asked from the position of a Veterans Service
Organization how the military's decision not to make LGB
service members a protected class would affect the VA.
An officer on the RIT responded that he had been working
closely with the VA and they had reached a decision to
"follow the military's lead on the issue." The VA would
not consider LGB veterans to be a protected class and
therefore would not have any special liaison or
designated office established to assist LGB veterans who
may have a complaint against the VA, or developing
outreach and service programs designated to LGB
veterans.
AVER
continued to push for the inclusion of LGB service
members in the MEO program. In 2013 I was invited as
AVER National President to testify before the United
States Commission on Civil Rights in Washington to speak
on the subject current laws that discriminated against
LGBT service members, veterans, and their families.
Along with calling for the repeal of the Defense of
Marriage Act (DOMA), which was in fact overturned by the
US Supreme Court later that year, I specifically
requested that “sexual orientation” be added as a
protected class to the MEO policy. In 2014 newly
elected National President LTC Steve Loomis, USA, (ret),
testified before members of the US Congress about the
continuing needs of LGBT service members and veterans,
and he again noted the need to add “sexual orientation”
to the MEO policy.
Now
that “sexual orientation” has been added to the MEO
policy, AVER is extremely interested in seeing if the VA
will in fact "follow the military's lead on the issue"
and establish LGB veterans as a designated “Minority
Group,” which would lead to the establishment of a
funded office of outreach and special programs designed
specifically for our veterans and their families.
We
were extremely encouraged this week when we were
contacted by a Program Analyst with the Veterans
Benefits Administration who informed us that the VA has
established LGB veterans as a Special Emphasis Group.
Both Denny Meyer and I talked with the analyst,
who was extremely eager to establish working
relationships with an LGBT Veterans Service
Organization. I discussed with him the possibility that
LGB vets would be established as a Minority Group by the
VA. Evidently this is a huge step which will require an
act of Congress. But he did jokingly refer to the
Special Emphasis Group as a “baby step” in that
direction. So, it appears that the VA is moving in the
right direction.
It
should be noted that Transgender people are still not
technically allowed to serve in the US military, but
this policy is rapidly changing with a number of
Transgender service members now serving openly on active
duty. AVER expects this policy to change in the near
future. When this happens we will push for “gender
identity” to be added to the MEO policy. Indeed, we
join other LGBT service member and veteran groups in
pushing for that modification. The VA already has a
good program concerning outreach, respect, and targeted
treatment programs for Transgender veterans. AVER will
work for the day when the VA establishes an official
Minority Group for LGB and T veterans.