Dr. Blackwell's BLOG

 As a Doctoral Student in Public Affairs, one of the early research projects I decided to complete in my studies was a Cost/ Benefit Analysis on Florida’s Ban on Gay Adoptions. I was able to show, through the process of policy analysis, that the ban was costing Floridians millions of dollars in taxes and that the social science research done on the topic indicated gay men and lesbians were actually very good parents. In fact, no published studies undergoing a rigorous scientific peer-review process have ever existed to the contrary. Of course, when a federal appeals court ruled several weeks ago that the ban was unconstitutional, I was ecstatic. But when Governor Charlie Crist promised he would not appeal the decision, I immediately endorsed him for Senator.

Today, the ban has come to an end. George Sheldon, the Director for Florida’s Department of Children and Families (DCF) held a press conference to indicate that DCF will no longer ascertain the sexual orientation of prospective adoptive parents. Equality Florida applauded the move, but cautioned that discriminatory forces are still at play. Their press release stated, “The same anti-gay forces who pushed for Florida’s marriage amendment in 2008 will likely try to put a return of the adoption ban up for statewide vote in 2012.” To read my Cost/Benefit Analysis on Florida’s Ban on Gay Adoptions, click on the “Research” tab. The document is filed under “Unpublished Research Reports.”

A federal judge in San Diego, hearing the case brought on behalf of the Log Cabin Republicans, issued a worldwide injunction declaring “Don’t Ask Don’t Tell” unconstitutional. Judge Virginia Phillips declared “Don’t Ask Don’t Tell” has a direct and deleterious effect” on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training. In addition, she ordered that any discharges under the bill must cease immediately.

While the Obama Administration has vowed to overturn the policy through Congress, this likely puts the President in the odd position of having to defend a policy he believes is discriminatory and dangerous to the United States Military. This is because the Department of Justice traditionally has to defend overturned congressional laws. The Service Members’ Legal Defense Network, while praising the ruling, cautioned gay soldiers to remain closeted, for now. Although the House voted to repeal “Don’t Ask Don’t Tell” in early September, the Republicans in the Senate, led by failed 2008 Presidential nominee John McCain, effectively blocked the vote for passage, ensuring the discriminatory ban remained in place.

 Federal Judge Vaughn Walker (appointed by President George H.W. Bush) has OVERTURNED California’s discriminatory ban on same-sex marriage. Walker’s decision is exquisitely authored and is EXACTLY what was hoped for by the 2 lead Attorneys who worked together to represent the gay plaintiffs in the case (David Boies, a liberal Democratic attorney and Theodore Olson, a conservative Republican attorney both of whom actually squared-off against each other at the United States Supreme Court during the Bush vs. Gore Trial). As Judge Walker indicated: “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite- sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”  California Governor Arnold Schwarzenegger whole-heartedly agreed with the Judge’s ruling, stating:  “Judge Walker had the great responsibility of deciding whether Proposition 8 violates the Constitution of the United States. He heard in-depth arguments from both sides on fundamental questions of due process, equal protection and freedom from discrimination. There are strong feelings on both sides of this issue, and I am glad that all viewpoints were respected throughout the proceedings. We should also recognize that there will continue to be different points of view in the wake of this decision.  For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves. At the same time, it provides an opportunity for all Californians to consider our history of leading the way to the future, and our growing reputation of treating all people and their relationships with equal respect and dignity.  Today’s decision is by no means California’s first milestone, nor our last, on America’s road to equality and freedom for all people.” While the case is certainly headed to the United State Supreme Court within the next few years, GLBT Americans are at least one step closer to the equality we have fought so very hard for!

Despite the criticisms that President Barack Obama and the Democratic-controlled House and Senate have failed to deliver on promises to repeal the “Don’t Ask, Don’t Tell” (DADT) policy which prohibits open gay men and lesbians from serving in the United States military (and discharges those who “come out” during service), there is movement today that the White House and lawmakers are ready to move forward. 70% of Americans believe gay and lesbian soldiers should be permitted military service (even if they are open about their sexuality) and both Defense Secretary Robert Gates and Joint Chiefs of Staff Chair Adm. Mike Mullen fully support repeal of the ban. Currently, the Pentagon is working on a study to be completed in December outlining how the ban should be lifted and a new policy be implemented. The new proposal would stipulate the change in the upcoming defense authorization spending bill while also permitting completion of the study prior to implementation. In comparison, the process of racial integration of troops took 5 years to complete.