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  • Updated
    26
    Mar
    2013
    2:06pm, EDT

    Same-sex marriage's big day in court: What's at stake?

    Jonathan Ernst / Reuters

    Anti-Proposition 8 protesters are shadowed by a rainbow banner in front of the U.S. Supreme Court in Washington, on March 26.

    By Miranda Leitsinger, Staff Writer, NBC News

    It's a big week for the Supreme Court as justices hear two landmark same-sex marriage cases on consecutive days.


    Follow @NBCNewsUS

    One is a challenge to the 1996 Defense of Marriage Act (more commonly known as DOMA), which bars federal recognition of same-sex marriages. The other is a challenge of California's Proposition 8, a ban on same-sex marriage that was approved by voters in 2008.

    Here are answers to some of the key questions being asked about these cases -- which could have huge implications for hundreds of thousands of gay families, dozens of state laws and even the national political landscape.


    Why is the Supreme Court hearing these cases now?

    The Prop. 8 case and several different challenges to DOMA have slowly wound through lower courts over the years. Observers predicted justices would take one of the DOMA challenges but they didn't expect them to grab the Prop. 8 case, too. The thinking is that the justices feel it’s time to address the question of same-sex marriage, so they now have a state and a federal challenge (interestingly, the DOMA case they selected, United States v. Windsor, was the newest of the bunch).

    Why are they being heard so close together?

    The cases are related because they both address whether gays and lesbians have the right to wed. The federal case is more focused on the benefits that same-sex couples are denied under the Defense of Marriage Act, while Prop. 8 centers around the right to marry. Ultimately, though, gay marriage supporters say they are both about whether gays and lesbians are treated differently because of their sexual orientation.

    Could the Supreme Court legalize gay marriage everywhere?

    Paul Katami and Jeff Zarrillo, one of two gay couples fighting to strike down California's ban on gay marriage will have their case heard Tuesday at the Supreme Court.

    The court can go many ways in its ruling in the California case. It could maintain the narrow focus that a federal court had in overturning Prop. 8, when it ruled that a fundamental right like marriage can't be granted and then taken away (couples were briefly allowed to wed in 2008 in the Golden State before voters approved Prop. 8, ending the practice).

    Alternatively, the high court could say state prohibitions of same-sex marriage are unconstitutional, opening the door for gays and lesbians to wed in states where that's banned. Another possibility is that the justices could overturn the lower court's decision and reinstate the ban on gay marriage.

    They could also say the group bringing the challenge doesn’t have standing. Yeah, that’s a lot of possibilities.

    In the DOMA case, the justices also could address the constitutionality of gay marriage or they could find that the federal government should not be in the marriage business at all and instead leave that up to states to regulate.

    If I’m a married gay couple, should I be worried that one of these rulings could affect my marriage?

    Edie Windsor describes her 44-year relationship with same-sex spouse Thea Spyer, and how Spyer's death inspired her to fight for gay marriage rights in a case that will be heard in the Supreme Court Wednesday.

    No. It's highly unlikely the Supreme Court would make any ruling that negatively affects laws permitting same-sex marriage in the nine states plus the District of Columbia that allow gays and lesbians to wed. There’s mostly just upsides for already-wed couples.

    For example, if the court decides DOMA is unconstitutional, couples would then receive all of the benefits that have been denied to them under that federal law, such as the right to file joint taxes, the protections of the Family Medical and Leave Act, and the ability of surviving spouses to access veterans’ benefits. Edie Windsor, the DOMA plaintiff, said she had to pay some $363,000 in federal estate taxes after her wife died, a bill that she wouldn't have had if they were a heterosexual couple.

    Could ministers be forced to preside over gay weddings?

    It does not seem so. At this point, most of the laws allowing same-sex marriages or civil unions provide exceptions for religious institutions that object to the ceremonies (New Jersey's civil unions bill does not have such a provision but the state's attorney general has given a clear opinion that such groups would be). This is a key area of concern often expressed by opponents of same-sex marriage. 

    What about civil unions? Why can't states just have those instead of same-sex marriages?

    Well, six states do, and other states, like California, allow for domestic partnerships (these often guarantee the same rights and responsibilities as marriage). The Obama administration, in a legal argument it submitted calling for the end of Prop. 8, said creating such a parallel system was only meant to deny the “marriage” label and was therefore discriminatory against gays and lesbians. Opponents say these kinds of legal arrangements help preserve traditional marriage while giving gays and lesbians a path to be legally recognized as a couple.

    I'm confused: civil unions, domestic partnerships, same-sex marriages?

    Yes, a patchwork of state laws and constitutional amendments govern marriage across the country. 

    Follow @mimileitsinger

    What does the anti-gay marriage camp argue?

    They say the tradition of marriage is thousands of years old and defines a male-female union. They also argue that the state has an interest in promoting traditional families, and that procreation can only happen between a man and a woman. Finally, they say decisions about who can marry should be left up to the voters, not judges or lawmakers.

    When are we going to hear from the justices?

    In June, stay tuned.

    I feel like a lot has been going on around these issues the last month or so. Is that right?

    Yes, with the Supreme Court deadlines to file legal briefs in the cases, dozens of businesses, scholars, health experts, religious groups, gay and lesbian advocacy organizations, NFL players and the Obama administration have weighed in.

    More than 131 Republicans, almost all out of office and some who once opposed same-sex marriage, submitted their argument on why gays and lesbians should be allowed to wed. Former President Bill Clinton recently penned an op-ed saying DOMA, which he signed into law, was unconstitutional and should be repealed. Days later, Hillary Clinton publicly announced her support for gay marriage, with some observers suggesting this may signal her presidential ambitions for the 2016 campaign.

    Any idea how the justices will go?

    Nothing is for sure (look at last year's health care decision), though pundits believe Justice Anthony Kennedy could be the swing vote. Some observers think DOMA's days as federal law could be over, but what the justices decide to do with Proposition 8 -- the California gay marriage ban -- is impossible to predict.

    Related:

    Gay rights timeline: Key dates in the fight for equality

    Couples leading Prop. 8 fight: We are very excited to have the end in sight

    Rush to the altar: Public figures proclaim support for gay marriage before Supreme Court arguments

     

    This story was originally published on Sat Mar 23, 2013 5:09 AM EDT

    2457 comments

    Yeah gay marriage shouldn't be allowed because following thousand year traditions has always worked such as slavery and woman rights. Oh wait...

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    Explore related topics: gay-marriage, gay, lesbian, supreme-court, same-sex-marriage, lgbt, updated, doma
  • 21
    Mar
    2013
    6:45pm, EDT

    Couples leading Prop. 8 fight: 'We are very excited to have the end in sight'

    Justin Sullivan/Getty Images

    SAN FRANCISCO, CA - DECEMBER 06: (L-R) Same sex couples and plaintiffs Sandy Stier, Kris Perry, Paul Katami and Jeffrey Zarrillo look on at a news conference following a hearing at the Ninth Circuit Court of Appeals on December 6, 2010 in San Francisco, California.

    By Miranda Leitsinger, Staff Writer, NBC News

    Two gay California couples who are leading the legal fight to overturn the state's ban on same-sex marriage said Thursday on the eve of their landmark Supreme Court hearing that they were relieved to have "the end in sight" and believe the justices will step in "to right these wrongs."

    Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo, are the faces to the challenge to Proposition 8, a citizen's initiative denying gays and lesbians the right to wed that voters approved in a pitched multi-million dollar ballot battle in 2008. The court will hear arguments in the case on Tuesday.

    Follow @mimileitsinger

    “The right thing for the justices to do is to lead the country on including all of us in this institution and finding a way to equity and fairness that brings the country together rather than dividing us based on a characteristic that we cannot change,” Perry said on a call to reporters. 

    Photo by Kevork Djansezian/Getty Images

    Plaintiffs Kris Perry (L) kisses her partner Sandy Stier during a rally to celebrate the ruling to overturn Proposition 8 on August 4, 2010 in West Hollywood, California.

    “There is an opportunity here for the court to send a message that who we love is important and we should be treated equally under the law," she added.

    The couples will be in Washington, DC, for the historic hearing, which comes one day before the justices hear arguments contesting the constitutionality of a federal law, the Defense of Marriage Act (DOMA), that bars recognition of same-sex marriage and thereby denies more than 1,100 benefits to gay and lesbian couples. 

    "We both are very relieved and excited by the prospect of the final chapter in this case happening in the next few months,” Perry said, adding that they have "been waiting a very long time to be married and to celebrate that with our children and our parents. … I know that we are both very excited to have the end in sight."

    The couples' journey began years earlier, when they decided to join the legal effort and testified before lower courts about the impact the ban has had on their lives. They further entered the public realm as advocates, doing interviews and television/online spots about their campaign.

    Photo by Kevork Djansezian/Getty Images

    Lawyer Theodore Olson (L) and his clients Paul Katami (C) and his partner Jeff Zarrillo attend a rally to celebrate the ruling to overturn Proposition 8 on August 4, 2010 in West Hollywood, California. A federal judge overturned California's Proposition 8, a same-sex marriage ban, finding it unconstitutional.

    “All four of us have regular lives and we have jobs that we need to pay our bills and so we have to be able to plug in and unplug when that happens,” said Zarrillo, of Burbank. “But being a part of this case, and being so closely associated with it, it reminds us of the daily harm and that discrimination even more every day.”

    The legal struggle, he added, also “made us closer as a couple and has made us want access to that language even more, because the word 'marriage' and the word 'husband' and the word 'wife,' they have meaning” to society, family and children. 

    “It affirms the commitment that we have built and shared,” he said. “While some people say it's just a word, that word is so important. And if it wasn't so important, we wouldn't even be having this conversation."

    Stier, of Alameda, said being a part of the case has impacted their lives in a “dramatic way.” Two of the couple's four boys were headed to college when they joined the fight, but another two were just starting high school, and so that “experience has been happening in parallel with this case.”

    “For Kris and I, the focus of our lives has always has been and continues to be our family,” said Stier. “And that will continue to be the driving focus of our lives and it's really what helps us be inspired by the case – is that we want other families to have the greatest potential for success.”

    When the couples first joined the legal fight, the objective was to repeal Prop. 8, and lower courts sided with them. The latest court, the Ninth Circuit Court of Appeals, said that since same-sex marriage was allowed in California for a few months in 2008 before the vote, it could not be taken away.

    The Supreme Court justices could agree with that lower court decision — in a move that would limit their ruling to couples in California — or they could side with the backers of Prop. 8. Efforts to reach the backers, ProtectMarriage.com, for comment on Thursday were not immediately successful.

    The court also could broaden out their ruling to recognize same-sex marriage in all states, as the couples' attorneys have argued, saying that the more than 30 statewide bans on gays and lesbians getting married violate the U.S. Constitution. Nine state, plus the District of Columbia, allow same-sex marriage.

    “If we've learned anything through this journey, it's that when the minority rights are being oppressed by a majority the court is supposed to step in, and some times it's not always popular for them to do so,” Zarrillo said. “We would expect the court to step in and right these wrongs."

    As their legal battle seemingly winds down, Stier said the couples know that the journey they embarked upon is not their's alone but will affect many others, noting she felt they – and thousands more couples – were “on the cusp” of being able to finally legally wed.
     
    “We are ... struck by the importance not only of being married but of a shift happening in the country that will affect generations to come,” she said. “When we imagine the day, we're standing somewhere and taking our vows and deciding to be married, we will not only be committing to each other but will be overwhelmed, I'm sure, by the power of this decision, not only for ourselves but for the whole country.”

    Meanwhile, the opposition is gearing up for the fight — and is expecting a win. As Brian Brown, President of the National Organization for Marriage said in a statement:

    "We, too, are looking forward to the court hearing. It represents the opportunity to right the wrong that was imposed by federal judges in stripping over 7 million California voters of their right to define marriage as the union of one man and one woman, the same definition that has guided civilization for thousands of years. We are confident of our position."

    Related:

    GOP sea change on gay rights?
    Clint Eastwood to Supreme Court: Drop California's ban on same-sex marriage
    US asks Supreme Court to strike down law denying benefits to same-sex couples

     

    302 comments

    I am a hetrosexual father of two. My wife and I have several gay and lesbian friends some of which are raising adopted children. They are decent, loving, intelligent, hard working people with a huge respect for life, culture and community.And their children are happy, well adjusted kids that mix ju …

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  • 13
    Mar
    2013
    12:51pm, EDT

    Can a gay Boy Scout share a tent with another boy? Boy Scouts survey members on anti-gay policy

    Darrell Byers / Reuters file

    Robin O'Neal holds a sign during a prayer vigil at the Boy Scouts of America headquarters in Irving, Texas, on Feb. 6. The Boy Scouts of America have delayed until May a vote on whether to end a controversial ban on gay members.

    By Miranda Leitsinger, Staff Writer, NBC News

    “Bob is 15 years old, and the only openly gay Scout in a Boy Scout troop. Is it acceptable or unacceptable for the troop leader to allow Bob to tent with a heterosexual boy on an overnight camping trip?”

    Follow @mimileitsinger

    “Tom started in the program as a Tiger Cub, and finished every requirement for the Eagle Scout Award at 16 years of age. At his board of review Tom reveals that he is gay. Is it acceptable or unacceptable for the review board to deny his Eagle Scout award based on that admission?” 

    These are some of the questions on a survey being conducted by the Boy Scouts of America as the private youth organization prepares to decide whether it should end its controversial policy banning gay Scouts and leaders. The Boy Scouts intends to make a decision in late May on the ban, which has roiled the organization in recent years.

    More than 1.4 million surveys have been emailed to registered volunteers, parents of Scouts and alumni. The questionnaires were part of a biannual survey, “The Voice of the Scout Survey,” that the BSA conducts of leaders, parents and youth over 14 years old. But this time, the BSA used the survey to add questions about the policy banning gays (those questions went only to adults).


    BSA spokesman Deron Smith, who provided the questions on the survey to NBC News, said in an email that “the BSA is committed to dialogue on the topic of its membership standards policy, within the Scouting family at the local and national levels.” The group was in the listening phase, which included the survey of key stakeholders, he added. 

    The Boy Scouts’ policy has increasingly been a sore spot for the organization over the last year, following the dismissal of a den leader because she is a lesbian and the denial of the Eagle Scout rank to a California teen because he is gay. Some of the questions on the survey provide similar scenarios and ask respondents how acceptable or unacceptable these situations are.

    Tristam Harrington

    Tristam Harrington, an assistant district commissioner of the Water and Woods Field Service Council in Michigan, provided a screenshot of the survey, which he completed Wednesday morning.

    When the BSA announced in late January that it may ditch the national policy and instead let local sponsoring organizations decide if gays can join, the organization received a flood of responses from both sides. It then decided to push a decision to May, when some 1,400 members of Scouting's National Council will vote on a resolution the Boy Scouts' officers are crafting on the policy. The survey results will be shared with those officers, Smith said.

    Tristam Harrington, an assistant district commissioner for the Scouts in Okemos, Mich., who opposes changing the policy, said he thought the BSA had done a good job with the survey.


    Follow @NBCNewsUS

    The members “have the right to have their say and I think it’s better for them to understand exactly where their membership stands,” he said Wednesday. “Are you just assuming it needs to change or is this really a groundswell from within the organization? Is this an outside influence? A combination of both? … You don’t really know unless you ask, and I think it’s fabulous that they’re actually, you know, taking the time to now ask.”

    Steve Gates, Scoutmaster of Troop 98 in Taos, N.M., who supports changing the policy, agreed with Harrington.

     “They come at it from all sides and I think that’s good. I don’t see it as any kind of a biased survey,” he said.

    But he added that some of the questions may rile up some members opposed to the change who could perceive talk on the issue in the survey as having validated homosexuality.

    The survey was developed by a third-party research provider, North Star Opinion Research, with input from volunteer and professionals representing diverse viewpoints, Smith said. The Boy Scouts have asked for the surveys to be returned by April 4.

    The BSA also asked if the currently policy was a “core value” of Scouting and if respondents would leave the BSA if a decision was made that disagreed with their view.

    Other questions on the survey include:

    • A gay male troop leader, along with another adult leader, is taking a group of boys on a camping trip following the youth protection guidelines of two-deep leadership. Is it acceptable or unacceptable for the gay adult leader to take adolescent boys on an overnight camping trip?
    • A troop is chartered by an organization that does not believe homosexuality is wrong and allows gays to be ministers. The youth minister traditionally serves as the Scoutmaster for the troop. The congregation hires a youth minister who is gay. Is it acceptable or unacceptable for this youth minister to serve as the Scoutmaster? 
    • Johnny, a first grade boy, has joined Tiger Cubs with his friends. Johnny’s friends and their parents unanimously nominate Johnny’s mom, who is known by them to be lesbian, to be the den leader. Johnny’s pack is chartered to a church where the doctrine of that faith does not teach that homosexuality is wrong. Is it acceptable or unacceptable for his mother to serve as a den leader for his Cub Scout den?
    • David, a Boy Scout, believes that homosexuality is wrong. His troop is chartered to a church where the doctrine of that faith also teaches that homosexuality is wrong. Steve, an openly gay youth, applies to be a member in the troop and is denied membership. Is it acceptable or unacceptable for this troop to deny Steve membership in their troop?

    If you are a current or former member of the Boy Scouts and would like to share your thoughts on how your troop, pack or council is handling the BSA's decision on the membership policy, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age, Boy Scout affiliation and a phone number.

    Related stories: 

    Boy Scouts: We need more time for decision on gay Scouts

    After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

    'Gravely distressed': Religion looms large over Boy Scouts decision on gays 

    'BATTLESTATIONS!': Call-in war waged over Boy Scouts' ban on gays


    1996 comments

    I can speak from experience. I had a homosexual kid in my troop when I was in boy scouts back in the early 90's when in the ages 9 -12. He was in the closet at the time and later came out in High School. It was no big deal. I didn't care. He didn't care. I was never uncomfortable around him.

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  • 12
    Mar
    2013
    6:37pm, EDT

    Colorado: Gays and lesbians can enter civil unions

    Ed Andrieski / AP

    Rep. Pete Lee, D-Colorado Springs, left, and Rep. Tony Exum, D-Colorado Springs, confer as the civil unions bill is debated in the House Chamber at the Capitol on Monday, March 11, 2013.

    By Miranda Leitsinger, Staff Writer, NBC News

    Colorado lawmakers on Tuesday approved legislation allowing same-sex couples to enter civil unions, two weeks before the U.S. Supreme Court will hear arguments over whether gays and lesbians can wed.

    The state House of Representatives voted 39-26 to pass the “Colorado Civil Union Act,” about one month after the Senate approved the bill. Democratic Gov. John Hickenlooper, who said he will sign the legislation, tweeted: “#CivilUnions passes! Today, every Coloradan has equal rights.”

    Follow @mimileitsinger

    Some House Republicans said that the bill, which goes into effect May 1, will be challenged because it doesn’t offer religious exemptions. "We won't get to debate this again here, but we will debate this in a court of law," Republican Rep. Lori Saine told The Denver Post.

    Five other states allow civil unions, providing state-level spousal rights to same-sex couples, while nine other states, plus the District of Columbia, grant same-sex marriage, according to the National Conference of State Legislatures.


    Follow @NBCNewsUS

    Same-sex marriage is not allowed in Colorado, where voters passed a constitutional amendment in 2006 defining marriage as between a man and a woman. The civil-unions legislation passed on its third try, according to Lambda Legal.

    Though lawmakers and others applauded Tuesday’s vote, some said it did not go far enough.

    "Of course civil unions and domestic partnerships, no matter how complete the package of protections, are not marriage,” Jennifer Pizer, Lambda Legal's law and policy project director, said in a statement. “True equality is the freedom to marry the one you love and be included under the same laws as your neighbors. It is time to end the exclusion of same-sex couples from marriage, and Lambda Legal and many others will continue to fight for that goal."

    The Supreme Court will hear two cases related to same-sex marriage at the end of March: The justices will hear arguments over the constitutionality of Proposition 8, a California law banning same-sex marriage, and the Defense of Marriage Act, federal legislation barring recognition of same-sex marriage.

    265 comments

    Separate but equal does not fly.

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  • 21
    Feb
    2013
    1:09pm, EST

    Bill targeting Boy Scouts' tax exempt status draws criticism

    Darrell Byers/Reuters file

    Scouts attend a prayer vigil at the Boy Scouts of America headquarters in Irving, Texas, on Feb. 6, 2013, while a decision to change the membership policy banning gays was being deliberated. The BSA decided to postpone that decision until May.

    By Miranda Leitsinger, Staff Writer, NBC News

    A proposed law in California to remove a state tax exemption for youth groups like the Boy Scouts that don’t allow gay members would set a dangerous precedent, according to an association of nonprofits.

    The legislation, introduced by Democratic State Sen. Ricardo Lara on Tuesday, would deny exemptions from state corporate taxes and taxes on items such groups sell. It would also require them to pay corporate taxes on donations and other forms of income.

    Follow @mimileitsinger

    Lara and LGBT advocacy group, Equality California, said the bill was aimed at groups like the Boy Scouts of America, which has faced increasing protests over its longstanding policy banning gay Scouts and leaders. An expert said she believed it was the first time such a law had been proposed, though it follows the loss of corporate sponsorship dollars to the BSA due to the policy.

    The California Association of Nonprofits, which has 1,500 member organizations, said it opposed the legislation in its current form, even though the group opposes discrimination based upon sexual orientation or gender identity as outlined in the bill, SB 323.

    “ … we are against using the tax exemption as a way to compel change in a nonprofit's policies,” Kris Lev-Twombly, the group’s director of public policy, wrote late Wednesday in an email. “Stripping nonprofits of tax exemption on ideological grounds is a slippery slope. Nonprofits are the embodiments of free speech in our society. When we disagree with a nonprofit's policies, we should vote by moving our donation dollars and our volunteer feet elsewhere.”

    The association said it is difficult to estimate how many of California's 50,000 nonprofits could be impacted because there is no reliable data on how many discriminate based upon sexual orientation. 

    “To lose state tax exemption in California could be significant for a nonprofit organization,” he said. “The bill is narrow in the sense that the provision applies specifically to youth organizations, but the question is how many organizations in California might be found to discriminate as outlined in the bill.”

    The law would require two-thirds approval of both houses of the state legislature to win approval. Lara said the state already bans discrimination based on sexual orientation in public accommodations and government programs.

    “Our state values the important role that youth groups play in the empowerment of our next generation; this is demonstrated by rewarding organizations with tax exemptions supported financially by all Californians,” he said in a statement. “SB 323 seeks to end the unfortunate discriminatory and outdated practices by certain youth groups by revoking their tax exemption privilege should they not comply with our non-discrimination laws.”

    The Boy Scouts of America declined to comment on the legislation, which comes about two weeks after it postponed a decision on whether to end the policy at the national level and leave local sponsoring organizations free to decide for themselves whether to admit gay Scouts.

    The BSA, a private youth organization, said it had received an outpouring of feedback on the membership guidelines after the potential change was announced in late January, and that it would take action on the issue at its national meeting in May.

    Boy Scouts: We need more time for decision on gay membership


    Follow @NBCNewsUS

    More than two-thirds of Scouting groups are affiliated with religious bodies. Among the top religious sponsors, The Church of Jesus Christ of Latter-day Saints have called for more time to discuss the issue, while the Southern Baptists on Tuesday passed a resolution rejecting the proposed change, according to the Baptist Press.

    Pat Read, an independent consultant for nonprofits and foundations nationwide, said she believed such legislation was a first. However, she said there was a precedent, noting a 1983 Supreme Court case in which the IRS said it would no longer provide tax exempt status to private schools that practiced racial discrimination – a fight the federal tax agency won.

    Read said the bill would have a financial impact and could potentially deter people from making donations.

    “When the federal government or a state government stands up and says that this nonprofit is not a good nonprofit because of some policy it has adopted, it affects the ability of people to support that group, it affects how much money it has available to support its programs versus paying taxes, and it affects public opinion about the value of its work,” she said by phone from Boulder, Colo. “And all three things are important and all three things are at stake in this legislation.”

    She said this legislation could wind up in court if it is approved, noting private organizations would likely object and say, "you have no right to try to tell us what to do.”

    “Some of them will be saying, you know, 'well tough we don’t need the tax exemption,'” she added. “But there will be a price to be paid for that.”

    If you are a current or former member of the Boy Scouts and would like to share your thoughts on how your troop, pack or council is handling the BSA's decision on the membership policy, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age, Boy Scout affiliation and a phone number.

    Related:

    'Nasty internal fight' or 'strategic pause': Boy Scouts supporters weigh delay on gays

    After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

    'Gravely distressed': Religion looms large over Boy Scouts decision on gays 

    Gay teen denied Eagle Scout: 'Change is happening' over Boy Scouts anti-gay policy

    720 comments

    I don't agree with this legislation.

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    Explore related topics: tax, boy, america, california, gays, lesbian, decision, status, policy, postponed, may, scouts, membership, exempt
  • 11
    Feb
    2013
    9:03pm, EST

    'Gay-free' prom idea backfires on supporters in Indiana town

    WTHR

    Diana Medley, a special-education teacher at a different school, said Sunday, Feb. 10, that allowing gay and lesbian students to attend the prom at Sullivan High School is "offensive to us."

    By M. Alex Johnson, staff writer, NBC News

    Students and the principal at an Indiana high school are disavowing a campaign by parents to organize a "gay-free" prom.


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    Even the pastor of the church that hosted the original organizing meeting says the church doesn't back the effort to throw a straights-only prom for students at Sullivan High School in Sullivan, Ind., south of Terre Haute.

    The movement began after Principal David Springer was asked to clarify whether same-sex couples would be allowed to take part in the traditional grand march before the prom, which is scheduled for April 27.

    "Anybody can go to the prom," Springer told NBC station WTHR of Indianapolis. "Of course, a girl could go out with another girl if they didn't have a date or that was their choice."


    One of those attending the small gathering of parents Sunday night at Sullivan First Christian Church was Diana Medley, a special-education teacher at another school, North Central Junior/Senior High School, in nearby Farmersburg.

    Allowing gay and lesbian students to attend the prom is "offensive to us," said Medley, who told NBC station WTWO of Terre Haute that even though she doesn't agree with them, she does care for "homosexual students" who come to her with their problems. 

    Then, Medley created a firestorm of criticism by equating gay and lesbian teenagers to students with developmental disabilities.

    "It's the same thing with my special-needs kids," she said. "I think God puts everyone in our lives for a reason."

    Asked whether gays and lesbians have any "purpose in life," she replied:

    "No, I honestly don't. Sorry, but I don't. I don't understand it."

    Commentators from across the country weighed in to criticize Medley, including syndicated columnist Dan Savage, who publicized a petition to have Medley fired. 

    Dale Wise, senior minister at Sullivan First Christian Church, was quick to distance himself from the sentiment.

    "Our church has no involvement in this whatsoever. It's a community thing where people have met here," he told WTWO.


    Follow @NBCNewsUS

    Jim Davis of Sullivan declared that "we shouldn't be condemning people, and that's what judgment is."

    "Christ came to save the people, not to condemn them," he told WTWO. "Love them as a person. You don't have to love what they do, because the gays may not love all the mistakes you make."

    Emily Butler, a junior at Sullivan High, said: "You should be able to go with whoever you want. You shouldn't be discriminated against for what you are, what you believe in."

    Even Wyatt Land, a Sullivan student who said it was important to remember that "the Bible says for a man to love another woman," told WTHR that he thought gay and lesbian classmates should be welcome at the official prom.

    "As long as they aren't sitting there and kissing on the dance floor and grinding on each other, stuff like that, I don't have a problem with that," he said. "I don't see what's wrong with it. Prom is for everybody. It's a high school experience."

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    1808 comments

    let me get this straight. God puts them in your life for a reason, but they don't have a purpose. MMM, k.

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  • 8
    Feb
    2013
    9:05am, EST

    'Nasty internal fight' or 'strategic pause': Boy Scouts supporters weigh delay on gays

    Darrell Byers / Reuters

    A crowd of Scouts, parents and supporters gather during a prayer vigil at the Boy Scouts of America headquarters in Irving, Texas, February 6, 2013.

    By Miranda Leitsinger, Staff Writer, NBC News

    Since the Boy Scouts of America announced last week that it may end its ban on gay Scouts and leaders, NBC News has received hundreds of emails from Scoutmasters, parents, Scouts and various church representatives sounding off on the issue. Some rejected lifting the exclusion of gays, others welcomed it and yet others called for more time to deliberate on the matter.

    When the BSA said Wednesday that it would take more time to decide the issue, holding a vote on it in May, NBC received more email, as passionate as always, on one of America's most popular private youth organizations. A selection of the reader responses is included below:

    Follow @mimileitsinger

    “I am grateful that the Boy Scouts Executive Board had decided to take time to more carefully consider the future of the BSA and to facilitate a discussion with the National Council in May. I am still greatly concerned that an unyielding outside group is determined to force their views not only on BSA National but to bully their opinions over my and many other BSA chartering organizations 1st Amendment rights. The single minded agenda to have Scouting conform to their view or destroy it even when churches like mine have been very active in building, supporting and sustaining Scouting for 100 years is more than frustrating and feels more like I’m being persecuted for my beliefs. It is my hope that peace will be restored and that a different ‘Scouting’ organization can be organized so the Scouting program I have been part of for 14 years and has contributed so much good to this country can continue.”

    -- Tristam Harrington, 50, Okemos, Mich. He is involved in Scouting through The Church of Jesus Christ of Latter-day Saints

    Courtesy of Nate Harrington

    Tristam Harrington and his son, Nate, when he received his Life Scout rank in 2009.

    “In the Scout Oath, every Scout promises to act with integrity -- that's what it means to be ‘morally straight.’ The Boy Scouts of America has a similar obligation to stay true to itself and its mission to help boys become honorable men. Although I think the compromise they suggested is a reasonable one, I don't begrudge BSA National taking extra time to make sure they are doing the right thing for Scouting.”

    -- Karen Harrington, 54, wife of Tristam. Their son is an Eagle Scout

    “Calming words from our council exec notwithstanding, this is already starting to look like a good old bare knuckles bar room brawl. In their attempt to appear reasonable, and attempt to dodge the bullet, our national executive board didn't realize they had opened Pandora's box.  To put it mildly, this will put a serious strain on the institution. At worst, it will tear it so badly it may be the end of it … People think Boy Scouting, at only 2.7 million Scouts, somehow will continue to hold the mantle of our nation's boy-led, character building, outdoor loving, you name it, youth organization. At some point, the need for same will simply overtake the current institution, as a new one grows and ends up totally eclipsing them. Heaven help BSA if it validates the current policy in May. That'll be the end of 'Boy Scouts', at least until their new competitor drives them into bankruptcy and then quite possibly assumes the name again … They could have avoided this nasty internal fight, already taking place all the way down to the unit level, simply by making a principled stand for the future of Scouting.  Alas, their courage escaped them.”

    -- Steve Gates, Taos, N.M., Scoutmaster Troop 98

     

    Jim Grace Photography

    Steve Gates, Scoutmaster of Troop 98 in Taos, N.M., rowing a cataraft on a Scout trip.

    “The strategic pause just announced by the National Committee is absolutely the right thing to do. Many of us volunteers were caught off guard by the sudden announcement of a vote on an issue this important to the core organization. Something of this significant a change calls for careful reflection and a thorough discussion with the membership and the chartering organizations … If the scouts were to lift the ban and incorporate this change, it should be done because it is the right thing to do.  The core lesson we teach the youth in the Scouting program is that there is a creator, that the creator put us on the planet for a purpose, and that there is a moral compass that we should utilize to govern our lives.  That moral compass is more important than money or peer pressure.  I would strongly suggest that that moral compass should be applied to this forth-coming discussion and decision. If we make any changes to the core values of Scouting because of head-count pressure or corporate donors, than we are making this change for the wrong reasons. And we will have invalidated the message I have been espousing for ten years … We need to allow everyone the opportunity to participate.”

    -- Terry Burke, 54, Collinsville, Ill., Assistant Scoutmaster, Troop 1048

    “I for one am excited and happy that the gay issue with BSA has been tabled, and the scouts are safe once again, for now. I do not nor will I accept a gay leader to lead and mentor my son, anywhere. Young boys minds are very impressionable. I'm not saying that gays would touch my son physically, but could effect him mentally. The family unit is being trodden down and torn apart … I say no, a Big no. Our scout (11 yrs old) will be receiving his Arrow of Light very soon, and leaving Cub Scouts in a few weeks to go into Boy Scouts. If gays are let in, he will NOT be continuing on in his Scouting, which is sad indeed. I'm sorry about the gays missing out on Scouting, but they knew what the standards where when they joined, Morally straight! This will destroy Scouting if it is allowed, soon they will want to make lots of changes, like taking God out too. Gay is gay and straight is straight. Enough is enough.


    Follow @NBCNewsUS

    -- Linda Bergener, 60, Havelock, N.C., parent of a Scout

    “My wife and I discussed this last night and we are both in continued disbelief that a decision on sanctioning discrimination ‘would require more discussion for all in Scouting.’ With that said, he (8-year-old son) is going to finish out the school year (in the Boy Scouts) and then we will reassess. I don’t think either of us feel particularly good about it or the organization as a whole, but having the discussion with our son in light of inaction on the part of the Scouts is a bit more abstract than if there had been a decision to point to. It feels like a cop-out and we are both very conflicted, but we aren’t going to do anything at this time.”

    -- Zach Conen, Radnor, Penn. His son is in Wolf Den Pack 19. He has been considering removing his son over the ban.

    “I earned my Eagle Scout award when I was 13 years old, though I was not openly gay at the time. I was also a member of the Church of Jesus Christ of Latter-day Saints, which you know is one of the largest religious supporters of BSA. … I am in full support of the change to allow gay members into the Boy Scouts of America, and I am quite disappointed that it is taking BSA and the LDS Church this long to realize their foolish policies. Whether they like it or not, BSA is full of gays though they may not be 'out', so their fears of boys being attracted to other boys and leaders to leaders etc., doesn't make much sense seeing that it is happening already.”

    -- Tristan Schulthies, 22, student at Southern Virginia University

    “The last line in the Boy Scout Oath says that Scouts will do their best to keep themselves morally straight.  The left-leaning liberals in this world are tearing at the very moral fibers that have held this country together for nearly 250 years. Our elected leaders of late have bowed to those liberal pressures, allowing same-sex marriages and equal benefits for gays and lesbians. Morally, it’s not right and not what God intended for us. I applaud the Boy Scouts for resisting the pressure to allow gays into the program up until now.  I hope, not only for the future of the Boy Scouts, but for the future of this country, that the ban is upheld. It’s time that someone shows some backbone and agrees with that last line of the Scout Oath, to keep the organization morally straight. Otherwise, they need to drop that part out of the Scout Oath since they will no longer be supporting a morally straight organization. That’s when I, as well as many other volunteer leaders, will also drop out.”

    -- Stuart Lewis, 61, Knoxville, Tenn., Assistant Scoutmaster of Troop 15 in the Toqua District

    “I write to you today to discuss my feelings on the National Council's decision to postpone their vote. In a word I am, devastated. The attention that is being brought to this organization, of which I've spent the last 16 years of my life in, is in no way beneficial to the youth involved. I have been a Cub Scout, Boy Scout, a Troop leader, and a camp counselor. Yet in all of that time the subject of sexual orientation has never come up. The sexual orientation of a child, or of an adult doesn't impact their ability to teach knots, or their desire to learn outdoor skills. I am ashamed to be associated with this organization. As a child in the program my leaders taught me acceptance and tolerance, The Scout law says friendly, not homophobic or hateful. I saw other Scouts who I went to school with leading double lives. They'd be with their boyfriends at school and then at Scouts that night, telling stories of their dates that weekend but being careful to make sure all the ‘he's’ came out as ‘she's’. I have gay friends and gay co-workers who I'm embarrassed to be around. It's awful to think that because I wanted to go camping as a child, I must bear title of homophobe. I believe that the National Council is on the wrong side of history. This discussion will be looked back at the same way we look at the pictures taken outside of the University of Alabama in 1963, or of those showing segregated water fountains.”

    -- Andrew Coleman, 22, Eagle Scout, Fitchburg, Mass.

    Related:

    Boy Scouts on edge as they await decision on gays

    After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

    'Gravely distressed': Religion looms large over Boy Scouts decision on gays 

    'BATTLESTATIONS!': Call-in war waged over Boy Scouts' ban on gays

    If you are a current or former member of the Boy Scouts and would like to share your thoughts on how your troop, pack or council is handling the BSA's decision on the membership policy, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age, Boy Scout affiliation and a phone number.

    1621 comments

    They stand to lose more members than they would gain if they allow gays to join. Let the gays start their own boys club. Then everyone is happy.

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  • 6
    Feb
    2013
    12:48pm, EST

    Boy Scouts: We need more time for decision on gay membership

    Jacquelyn Martin / AP

    Scout Pascal Tessier, 16, center left, and his Eagle Scout brother Lucien Tessier, 20 - both gay - seen here with their parents, Oliver Tessier, left, and Tracie Felker, at their home in Kensington, Md.

    By Miranda Leitsinger, Staff Writer, NBC News

    Published at 11:43 a.m. ET: The Boy Scouts of America said Wednesday it needed "time for a more deliberate review" of its policy banning gay Scouts and leaders, delaying a final decision on the controversial membership guidelines that have dogged the private youth organization in recent years.

    "In the past two weeks, Scouting has received an outpouring of feedback from the American public. It reinforces how deeply people care about Scouting and how passionate they are about the organization," the BSA said in a statement.


    "After careful consideration and extensive dialogue within the Scouting family, along with comments from those outside the organization, the volunteer officers of the Boy Scouts of America’s National Executive Board concluded that due to the complexity of this issue, the organization needs time for a more deliberate review of its membership policy."

    The roughly 1,400 voting members of Scouting's national council will take action on the resolution at the national meeting in May 2013, the organization said.

    The BSA said last week it was considering changing the policy, leaving local sponsoring organizations free to decide for themselves whether to admit gay Scouts.

    Follow @mimileitsinger

    That announcement came just seven months after the BSA said it was sticking with its ban following a confidential two-year review and spurred advocates on both sides of the issue to step up their campaigns: They’d encouraged their backers to make their voices heard through a phone-in and email deluge.

    A conservative group, the Family Research Council, said that it and 41 other groups ran a newspaper ad on Monday asking the BSA not to change the policy, and some conservative religious groups have urged their supporters to join in prayer to ask the board not to accept gays.

    Jennifer Tyrrell, who was ousted as leader of her son’s Tiger Cubs den last year because she is a lesbian, said she was heartbroken over the news. She and other gay rights' advocates had hoped instead to be welcoming what they feel is an overdue change amid recent gains for the LGBT community nationwide.

    The Boy Scouts of America delays until May a vote on whether to end a ban on gay members. NBC's Jay Gray reports.

    "I had so much faith that they would make the right decision," Tyrrell, a mother of four from Bridgeport, Ohio, said through tears. "So many people are supportive of this. For them to make the announcement that they are going to possibly change it and then delay it, I just feel is -- it doesn’t make any sense."

    She added: "A Scout is supposed to be brave. What are they waiting for? They know they are on the wrong side of history. They know that."

    Courtesy Jennifer Tyrrell

    Jennifer Tyrrell, of Bridgeport, Ohio, and her son Cruz. Tyrrell was ousted from her role as leader of her son's Tiger Cub den last year because she is gay.

    The Church of Jesus Christ of Latter-day Saints, which in 2011 sponsored 421,000 youth by chartering local troops, welcomed the decision.

    "The Church is following this proposed policy change very closely," a spokesman for the church, Michael Purdy, said in an email. "We believe the BSA has acted wisely in delaying its decision until all voices can be heard on this important moral issue."

    A coalition of Boy Scouts councils representing some 540,000 youth -- or 20 percent of the organization’s 2.6 million active Scouts -- asked the national organization on Monday to delay a decision on ending the controversial policy, saying it was concerned “about the pace at which such actions are being taken,” according to a statement posted on the website of the Utah-based Great Salt Lake Council.   


    Follow @NBCNewsUS

    Roger “Sing” Oldham, spokesman for the conservative Southern Baptist Convention Executive Committee, said the outpouring of feedback on the issue came as no surprise to him since his group felt the BSA had not allowed opponents of the change to weigh in on the proposal. Oldham said he had spoken with some troop leaders, pastors and parents -- some who said they would leave the BSA if the new policy was implemented. 

    With more than two-thirds of Scouting groups affiliated with religious bodies, faith plays a large role in the private youth organization.

    Oldham said Wednesday that his group was “very pleased” with the decision to wait and solicit input from all members of the Scouting family.

    “We continue to be hopeful, perhaps a little bit more guardedly optimistic than we were before, that the Scouting leadership, having heard from the American public, is going to realize that yes, while it is a divisive issue, that the net loss of changing the policy may be far greater than the net gain of changing the policy,” he told NBC News.

    Tyrrell’s ousting came a few months before California teen Ryan Andresen was denied his Eagle award because he is gay.

    Both cases made national headlines, roiling the BSA. Some critics pointed to declining membership numbers as a sign that families were being turned off over the issue. The controversy also prompted a few hundred Eagle Scouts to turn in their hard-earned regalia in protest of the ban, which the U.S. Supreme Court upheld in 2000.

    Zach Wahls, an Eagle Scout and son of a lesbian couple who started Scouts for Equality to campaign for gays to be included, said Wednesday's action by the board was "an abdication of responsibility."

    "Unfortunately, the BSA now has to answer to ... the hundreds of thousands of Scouts that had their hopes raised and then (subsequently) crushed by this announcement," he said. "It is disappointing, no doubt about it, no doubt about it."

    If you are a current or former member of the Boy Scouts and would like to share your thoughts on how your troop, pack or council is handling the BSA's decision on the membership policy, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age, Boy Scout affiliation and a phone number.

    Related:

    After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

    'Gravely distressed': Religion looms large over Boy Scouts decision on gays 

    Gay teen denied Eagle Scout: 'Change is happening' over Boy Scouts anti-gay policy

    2118 comments

    As a former scout, I say delay it forever...

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  • 4
    Feb
    2013
    5:51pm, EST

    Boy Scouts councils to national HQ: Don't make hasty decision on gays

    By Miranda Leitsinger, Staff Writer, NBC News

    A coalition of Boy Scouts councils representing some 540,000 youth asked the national organization on Monday to hold off on determining whether to end the controversial policy banning gay Scouts and leaders, saying it was concerned about the executives’ fast pace on a decision that can’t be “undone.”

    The Boy Scouts of America's announcement last week that it may eliminate the exclusion of gays from membership at the national level, leaving the decision to its local units, has led to some soul-searching and a lot of questions among Scouting families and their chartering organizations. Some families have indicated they may leave if the ban is lifted, but many have welcomed a change they feel was long overdue.

    Follow @mimileitsinger

    The Scouts' began National Executive Board and Committee meetings on Monday, and a decision on the gay ban is expected Wednesday.

    The coalition of 33 Boy Scouts councils representing some 540,000 youth, or 20 percent of the organization’s 2.6 million active Scouts, has “united to express our concern about the pace at which such actions are being taken,” according to a statement posted on the website of the Utah-based Great Salt Lake Council.  “… we request that a final vote on this policy reversal be delayed to allow other stakeholder’s voices to be heard and a more thorough analysis of the impact on local councils.”

    The decision comes just seven months after the organization said it was sticking with the policy following a confidential two-year review of the disputed membership guidelines. That review was announced months after Jennifer Tyrrell was dismissed from her post as leader of her son’s Tiger Cubs den because she is a lesbian, and a few months before California teen Ryan Andresen was denied his Eagle award because he is gay.

    Both cases made national headlines for several weeks, roiling the private youth organization. Some critics pointed to declining membership numbers as a sign that families were being turned off over the issue.

    Tom Pennington / Getty Images

    Will Oliver, an Eagle Scout, Greg Bourke, a former Assistant Scoutmaster, Jennifer Tyrrell, a former Cub Scout den mother, and Eric Andresen, a former Scout leader, deliver boxes containing 1.4 million signatures urging the Boy Scouts of America to reverse the organization's ban on gay Scouts on February 4, 2013 in Irving, Texas.

    The coalition, though, said: “While we understand the urge to support those councils who feel that the current policies negatively impact their ability to remain viable we also think that equal support and consideration should be given to those councils whose ability to remain viable will be impacted by adopting the new policy.”

    It said the proposed policy “flies in direct contradiction” to the results of the two-year review and noted: “Time must be allowed for accurate polling data to be collected from stakeholders at all levels and all areas in an unbiased way. The voices of existing chartered partners and financial contributors must be heard alongside those of our volunteer leaders and the parents who entrust their children to us. This is a decision which cannot be ‘undone.’”

    'Gravely distressed': Religion looms large over Boy Scouts decision on gays 

    The Great Salt Lake Council also said that it explicitly opposed any changes to the current membership policy without open discussion and deliberation with the various individuals who make up the organization.

    When asked for comment about the positions of the coalition and the Great Salt Lake Council, BSA spokesman Deron Smith said in an email: “We recognize, deeply respect and appreciate the sincere beliefs about this issue.”


    Follow @NBCNewsUS

    Advocates on both sides of the issue have stepped up their campaigns ahead of the BSA's final decision: They’ve encouraged their backers to make their voices heard through a phone-in and email deluge, a conservative group, the Family Research Council, said that it and 41 other groups ran a newspaper ad on Monday asking the BSA not to change the policy, and some conservative religious groups have urged their supporters to join in prayer to ask the board not to accept gays.

    Tyrrell, of Bridgeport, Ohio, and Ryan Andresen’s father were among a group that delivered petitions to the Boy Scouts' headquarters in Texas on Monday bearing more than one million signatures calling for an end to the policy.

    “It’s crucial because they are in the middle of making this potentially historical decision,” Tyrrell, 33, a mother of four children, told NBC News after delivering four boxes filled with the petitions and additional comments to a Boy Scouts' representative. The group had heard the organization has been receiving “a lot of negative feedback” from religious groups and wanted to provide the petitions so the BSA could see that “there are many people that support this and want this.”

    “There are 1.4 million Americans that have signed petitions supporting the change in BSA policy,” said Andresen, 52, of Moraga, Calif. “That’s quite a statement. … that’s a lot of people supporting change.”

    Tyrrell and other advocates have previously delivered some of the petitions, which Smith said the BSA had accepted, too. “The BSA has received a great deal of feedback from a variety of viewpoints and we appreciate everyone sharing their perspective on this issue,” he wrote.

    After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

    Andresen’s son, Ryan, 18, is still hoping he will receive Scouting’s highest ranking, the Eagle award, though the journey has done a lot of damage to him emotionally, said Eric Andresen, who resigned as the committee chair of his son’s troop after the problems began. One of the family’s main objectives was to help others, such as boys who may still be hiding in the closet.

    “I’m hoping that the board continues to do what’s right and deliberate this week and make the decision that we hope they’re going to make,” he said. “If they don’t, we’ll be back.”

    Related stories: 

    • Gay teen denied Eagle Scout: 'Change is happening' over Boy Scouts anti-gay policy
    • Eagle Scouts return badges to protest policy banning gays
    • Boy Scouts: We're keeping policy banning gays 

    If you are a current or former member of the Boy Scouts and would like to share your thoughts on how your troop, pack or council is handling the possibility of a change in the membership policy, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age, Boy Scout affiliation and a phone number.

     

    888 comments

    More unfortunately is those who still, in ignorance, choose to not just diminish, but denigrate, the lives of so many people in this world. I have never met a gay person who did not at some point in their life scream out to the universe, wondering what they'd done to be put into such a place.

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  • 4
    Feb
    2013
    4:05am, EST

    'What's right is right': Widowed lesbian pushes for equal military benefits

    Photo courtesy Tracy Johnson

    Donna Johnson, left, and Tracy Johnson at their home in Raeford, N.C., in 2012.

    By Bill Briggs, NBC News contributor

    When her spouse was killed in Afghanistan, Tracy Johnson drove across town to her mother-in-law’s house — clutching her marriage certificate — so she could hear the Army’s formal notification. No one from the military came to her door.

    She later watched as the American flag that cloaked the coffin of her spouse, Donna Johnson, was offered, not to her, but to Donna Johnson’s mother – the next of kin, as U.S. law stipulates. She was denied death benefits, she said, that are standard issue to heterosexual spouses of service members who die in action: free health care, tuition assistance, and monthly indemnity compensation of about $1,200.

    And then there was the ring. On Valentine’s Day 2012, Tracy Johnson placed that band on her wife's finger during their marriage ceremony in Washington, D.C. Last October, as Johnson escorted her wife's body home from Dover Air Force Base, the Army asked Johnson to carry the wedding ring, designated as a “personal effect.” After arriving in Fayetteville, N.C., Johnson was obliged, by a federal statute, to deliver the ring to an Army officer who then provided it to Donna Johnson’s mother who, in turn, gave it back to Tracy Johnson. She wears it on her finger today.

    “I’m not considered ‘family’ (by the military). I’m not considered a spouse and I’m damn sure not considered a widow, by definition,” said Johnson, an Army National Guard staff sergeant who served in Iraq. “We didn’t marry for any of those benefits. We married out of love.

    “And I’m not standing up here, whining: ‘Woe is me.’ We were adults, big girls, and we knew what we were getting ourselves into. But it doesn’t mean I have to stand idly by and see all this happen to somebody else who’s in a same-sex marriage (in the military).”

    Johnson's experiences were mandated by the Defense of Marriage Act, or DOMA, which defines marriage as the legal union of one man and one woman. The 1996 law — followed by the Department of Defense and all federal agencies — bars same-sex military spouses from benefits made available to the heterosexual spouses of service members: dental and medical insurance, discounted military housing, and military ID cards, which allow spouses to visit on-base commissaries, child-care facilities and movie theaters.

    Under DOMA, military leaders were not allowed to officially acknowledge Johnson, who believes she may be the first same-sex spouse to lose a partner to combat following the 2011 repeal of “Don’t Ask Don’t Tell” (DADT) — the policy that kept gays from openly serving in the armed forces. (Donna Johnson’s mother specifically asked Tracy Johnson to accompany the body home, allowing her a seat on the plane.) The only federal employee who openly referred to the dead soldier as Johnson's “wife,” was President Barack Obama, who sent Johnson a letter of condolence, she said.

    On Thursday, Obama's nominee for secretary of defense, former Sen. Chuck Hagel, told congressional members during a confirmation hearing that he is "fully committed ... to doing everything possible under current law to provide equal benefits to the families of all our service members."


    Follow @NBCNewsUS

    Furthermore, during his inauguration address on Jan. 21, Obama spoke broadly of gay rights, saying: "Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law."

    Battle for equality
    For now, current law stipulates that, following the military death of a same-sex spouse, the branches first must notify the “primary next-of-kin” — in Donna Johnson’s case, her parents. If U.S. troops list a same-sex spouse on their emergency-contact forms, that spouse eventually will receive word from the military — after the blood family is told. 

    “It is not like, though, it’s a day or 'x' number of weeks later. It would be almost immediately,” said Nathan Christensen, a Pentagon spokesman. “They (branch officers) would talk to primary next-of-kin first and relay the information. And then, whoever the (other designated person is), they would call them very soon thereafter. So we’re talking minutes or hours as opposed to days, weeks or months.

    “DOMA is still the law we uphold. Even though that (DADT) repeal has been taken care of, there are certain benefits that are not applicable across the force,” Christensen added.

    But pressure is mounting on the Pentagon and the White House to change that notification policy — and the other gaps in same-sex spousal benefits — by writing an executive order or a DOD-wide regulation.

    Same-sex advocacy groups described the Jan. 25 electionof same-sex wife Ashley Broadway as Fort Bragg’s 2013 “spouse of the year” as a mandate to the military to figure out a way to override DOMA. That same day, White House Press Secretary Jay Carney said Obama is contemplating how benefits could be administratively extended to the spouses of gay service members, the Washington Blade reported.

    'Just like all the other Army wives'
    “No military spouse should have to hear second-hand that something has happened to their service member,” said Stephen Peters, president of the American Military Partner Association (AMPA), a Washington, D.C.-based support network for lesbian and gay military families. 

    "No military spouse should have to watch the flag that is draped over the coffin of his or her service member folded and handed to anyone else,” added Peters, whose husband, Marine Corps Maj. Alasdair Mackay, returned safely in January from a one-year deployment to Afghanistan. “Our families live through the daily fear of worrying about having something happen to their service member while they’re deployed. But we do it without access to the same supports and benefits that other military families get. Our service members, they go to war for our country for equality, yet their families are treated as if they aren’t important, as if they are somehow second class.”

    Courtesy of Stephen Peters

    Marine Corps Maj. Alasdair Mackay and Stephen Peters were married in New York City during Christmas 2011 before Mackay deployed to Afghanistan.

    The AMPA asserts that Tracy Johnson was the first — and only, to date — same-sex spouse to lose a military wife or husband in combat. It's possible, however, that another same-sex spouse suffered that type of tragedy before DADT was rescinded and when members were not open about their sexual orientation — even if they were legally married. 

    Tracy Johnson was not listed on the emergency notification form that service members fill out, she said. Because DADT had been revoked, Donna Johnson assumed that Tracy would receive the same benefits that are granted to all military spouses — for example, being the first person to be notified by the military should a wife or husband die in combat, Johnson said. 

    "Donna didn't even realize she had to put me down. She thought I was automatically extended that benefit as her wife — just like all the other Army wives who are the first ones to notified," she said.

    'What's right is right'
    The point is moot — even if Tracy Johnson was listed, due to DOMA she still would not have been the first person that military officials would have visited in the hours after Donna Johnson was killed. 

    In June, the U.S. Supreme Court is expected to rule on the constitutionality of DOMA.

    Near Fort Bragg, N.C., Johnson holds tight to a fine philosophical line — honoring her wife and the Army while questioning the law. She describes how individual Army members privately treated her “with respect and compassion”, giving her an American flag — though not the same flag atop the coffin — during a private ceremony before Donna Johnson’s funeral. She lauds Donna Johnson’s family for supporting her, insisting that she sit with them in the front row during the memorial service.

    But Donna Johnson’s mother, Sandra, is not so charitable with her summary of the events.

    “Tracy’s unit supports her, her family supports her, and she was given support by the community itself. Why can’t the federal family be supportive?” Sandra Johnson asked. “I know: It’s the law. But what’s fair is fair. What’s right is right.

    “The family is already going through grief. You don’t keep putting a knife in the wound and make it deeper. She’s dead, she’s gone, she can’t be brought back. So why are you treating this family, and treating Tracy, with this indignation?”

    Related: Spouses club relents, says lesbian Army wife can be 'full member'

    1428 comments

    ...and wrong, is wrong!

    Show more
    Explore related topics: army, afghanistan, gay, military, lesbian, marine-corps, barack-obama, featured, equality, same-sex-marriage, dadt, dont-ask-dont-tell, department-of-defense, combat-deaths, gays-in-the-military, spouses, doma, defense-of-marriage-act
  • 1
    Feb
    2013
    8:39am, EST

    'BATTLESTATIONS!': Call-in war waged over Boy Scouts' ban on gays

    /

    A statue in front of the National Scouting Museum in Irving, Texas, on Monday.

    By Miranda Leitsinger, Staff Writer, NBC News

    “BATTLESTATIONS!” “The phones are ringing off the wall.” “Good turn for the day. (takes less than one minute).”

    Follow @mimileitsinger

    These are the battle cries made by advocates on both sides of the debate over allowing gays into the Boy Scouts. They are urging their supporters to call or email the private youth organization as it weighs lifting its longstanding, controversial ban, with a decision expected next week.

    The new policy, now under discussion, would revise the national organization’s rules to allow local sponsoring organizations to decide for themselves whether to admit gay scouts and leaders. If approved, the change could be announced as early as next week, after the Boy Scouts of America's national board holds a regularly scheduled meeting.

    On the Facebook page for George Takei, known for his role as Mr. Sulu in Star Trek, he urged those wanting to end the ban to hit their “BATTLESTATIONS!” and to “Takei Stand.” He gave supporters a step-by-step guide, telling them to call, say they were for the change, and then to like and share the message.  As of Thursday afternoon, more than 56,000 people had liked his status and 41,000 had shared it, while another 6,000 left comments.

    “Let's FLOOD their lines with thousands of calls. (Believe me, the other side's busy, too...),” he wrote.

    And indeed, they were. The Family Research Council, which supports maintaining the ban, noted in an appeal to its supporters on its website: “The phones are ringing off the wall.”

    “If you've tried to get through to the Boy Scouts of America (BSA), you know it's been tough. If you've wanted to express your concern about the BSA abandoning their longstanding policy of safeguarding Scouts by restricting openly homosexual Scout leaders from holding leadership positions, you may have been greeted by an endlessly ringing phone. This may be one instance in which the Boy Scouts were not prepared,” for what the council said was the response of thousands of Americans opposed to the change.

    It then listed the numbers for each of the BSA’s board members and provided a sample phone script for supporters to read. On the council’s Facebook page, a similar post had received nearly 3,900 likes and more than 2,800 shares plus 800 comments.

    After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

    When a reporter called the BSA Wednesday night, a woman who answered the phone asked, “Are you for or against the proposed policy change?” When the reporter identified her news organization, the woman said the Scouts had been taking calls since about 3 p.m. Monday and it had been very busy.


    Follow @NBCNewsUS

    “When we receive calls we are indeed allowing people to provide feedback, but it’s not a poll (and we won’t be releasing data about the feedback),” BSA spokesman Deron Smith said in an email, responding to an inquiry about the calls and when they began.

    On the organization's Facebook page, people were asked to provide feedback by email or to a phone number provided. Some who posted there asked about getting a running tally.

    But by Thursday afternoon, opponents of the ban reported that the BSA was no longer taking the phone feedback (Smith did not respond to an inquiry on whether the BSA had stopped). So the secondary tactic was deployed.

    “so inundated! recorded msg states system can no longer take calls! revolution by email it is,” wrote one poster, identified as Seattle Punk Rock Aerobics.

    Related stories: 

    • Gay teen denied Eagle Scout: 'Change is happening' over Boy Scouts anti-gay policy
    • Eagle Scouts return badges to protest policy banning gays
    • Boy Scouts: We're keeping policy banning gays 

    If you are a current or former member of the Boy Scouts and would like to share your thoughts on how your troop, pack or council is handling the possibility of a change in the membership policy, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age and Boy Scout affiliation.

    2462 comments

    Friendly reminder: Lord Baden-Powell who founded the Boy Scouts was himself gay.

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    Explore related topics: boy, gay, lesbian, policy, scouts, polic, membership
  • 28
    Jan
    2013
    7:21pm, EST

    After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

    One decade ago, the US Supreme Court ruled the Scouts had the legal right to exclude gays, but the organization's new policy would allow local troops would be able to decide the issue for themselves. NBC's Pete Williams reports.

    By Miranda Leitsinger, Staff Writer, NBC News

    Jennifer Tyrrell cried when she got the news Monday that the Boy Scouts of America may be changing its policy to admit gays and lesbians as Scouts and leaders.

    The mother of four children was kicked out of the private organization last year, as den leader of her son’s Tiger Cub pack in Ohio, because she is a lesbian. The longstanding policy has sometimes seen the quiet, or in Tyrrell’s case, public, exit of gays – an exodus that has rocked the Boy Scouts and led to growing calls for the group to open its doors to all who want to join.

    Follow @mimileitsinger

    “I’m looking forward to the day when we can once again take part,” Tyrrell told NBC News by phone, reminiscing about all of the fun activities she so enjoyed with her son Cruz and the youth in her pack, such as the Pinewood Derby and campfires. “This is a gigantic leap, especially on this … decades-old policy that they have gone to the Supreme Court to defend. … Of course it’s not the ultimate, but it’s definitely a great hurdle.”

    It’s not the ultimate, according to Tyrrell and others, because the proposal would eliminate the ban at the national level, but would allow local sponsoring organizations to decide whether or not they would accept gays, NBC News’ Pete Williams reported.

    Courtesy Jennifer Tyrrell

    Jennifer Tyrrell and her son Cruz. Tyrrell was ousted from her post as den leader of her son's Tiger Cub pack in April 2012 because she is gay.

    “So essentially, instead of forcing people to discriminate they’re going to allow people to discriminate,” said Zach Wahls, who is the son of a lesbian couple and who has been leading a campaign fighting to include lesbians and gays in the Scouts. “Even though one is less bad than the other, we still need to make sure that local units are understanding how a ban on gay members negatively affects their unit.”

    Still, Wahls said, it was a step in the right direction though the Boy Scouts do have a ways to go.

    “Compared to where we were seven months ago, with the BSA, you know, calling this the best policy for the organization right now and then seven months later understanding well actually … that’s not quite true, it’s a big development,” he added.

    Wahls was referring to the Boy Scouts announcement last July that it was sticking with the policy after revealing it had undertaken a confidential two-year review of the disputed membership guidelines. It also came a few months after Tyrrell was forced out and a day before she handed in a petition to national leaders with hundreds of thousands of signatures calling for her reinstatement.

    That prompted a number of Eagle Scouts to turn in their hard-earned regalia, with more than 200 posting their letters and photos of their medals, pins or certificates to a tumblr page started by Burke Stansbury, a 36-year-old communications specialist in Seattle, Wash., who decided to leave the Scouts for good over the issue.

    Stansbury welcomed the news of the proposed change but said he wasn’t sure if he would ever go back.

    One decade ago, the US Supreme Court ruled the Boy Scouts of America had the legal right to exclude gays, but the organization's new policy would allow local troops would be able to decide the issue for themselves. NBC's Pete Williams reports.

    “I sort of said all along that I was really making a decision to do this, that they’ve held on too long and that, you know, I’ve lost faith in the organization regardless of what changes they might make in the future,” he said.

    Stansbury said he would wait and see if the Boy Scouts ended up reversing the policy and if they “actively worked to be an open and inclusive organization.”

    The discussion of the potential change in policy is nearing its final stages, according to outside scouting supporters. If approved, the change could be announced as early as next week, after the BSA's national board holds a regularly scheduled meeting.

    “Before I made any decision about rejoining or asking for my medal back, I’d really want to see that it was being implemented but yeah … I am certainly open to seeing what happens and I mean, there is you know, much to love about the Boy Scouts as an organization,” he said. “So if they were to change, it would take some time, I think, to rebuild the trust of people like me who lost faith. But I think it’s still possible.”

    One of those most impacted recently by the Boy Scouts’ policy was Ryan Andresen, 18, and his family. Andresen said he was denied submitting his application for the Eagle rank to the national organization by his Scoutmaster after finishing his final service project last fall because he is gay, and after coming out as gay to his troop last summer.

    After much back and forth with the local council in Moraga, Calif., and hard feelings on both sides in a story that made national headlines for weeks, his application for the pinnacle Boy Scouts’ achievement was forwarded to the national headquarters for approval, said his father Eric Andresen, 52.

    John Makely / NBC News

    Ryan Andresen holds an Eagle Scout pin that was given to him by a fellow Scout who is gay on Friday, Oct. 12, 2012, in New York, N.Y.

    Ryan, a high school senior, was still hoping for the award, even though he already knows he has earned it, Eric Andresen said.

    “Four months ago, if the ban hadn’t been in place, we wouldn’t even been going down this road. … He’s been hurt a lot. There’s been a lot of damage done to Ryan emotionally,” he said Monday. “If the board does elect to get rid of the policy, I don’t know why they wouldn’t then retroactively award Ryan his Eagle. They certainly should.”


    Follow @NBCNewsUS

    Eric Andresen, who resigned as the committee chair of his son’s troop after the problems began, said he was done with the organization after 10 years as an adult leader, but he hadn’t yet broached the possibility with his son of being able to participate as a volunteer or leader one day if the policy is changed.

    “I don’t think that’s a conversation that … I’d even want to start it with him right now,” he said, noting that after Ryan spent a dozen years with the Boy Scouts, the group “turned its back on him” and was “responsible for all of the grief he’s gone through the last four months.”

    One of the Andresen’s main objectives was to help others, such as boys who may still be hiding in the closet.

    “If BSA does do the right thing … we’re looking at, you know, what this is going to do for thousands of other Scouts so that nobody else has to go through what Ryan went through,” he said. “It’s time to end this stuff. Gay kids have a right to be Scouts, too.”

    Related: 
    Gay teen denied Eagle Scout: 'Change is happening' over Boy Scouts anti-gay policy
    Eagle Scouts return badges to protest policy banning gays
    Boy Scouts: We're keeping policy banning gays

    If you are a current or former member of the Boy Scouts and would like to share your thoughts on whether the membership policy should be changed, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age and Boy Scout affiliation.

    627 comments

    I don't think it was right of the Boy Scouts to ban homosexuality and then never tell anyone about it or post it in their bylaws. If this private organization was upfront about its membership criteria, we could have avoided this whole twisted mess. As a male with a an active heterosexual appetite, I …

    Show more
    Explore related topics: of, boy, america, gay, lesbian, guidelines, policy, scouts, lgbt, membership
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