Subject: Fwd: Press Release - Gay Vet & Don't Ask, Don't Tell
From: [email-masked]
Date: Sun, 3 Mar 1996 13:43:01 -0500

PRESS RELEASE

CONTACT:  Tom Swann
         Proud Gay Veteran 
         (805) 271-1157

Proud Gay Veteran Responds to Pentagon Decision to Probe SLDN Charges of
Increasing Harassment and Witch Hunts by the U.S. Military Against
Homosexuals in Uniform.

The ACLU Represented Navy Employee Tom Swann in a Successful Case Alleging
Anti-Gay Harassment.  Exactly 3 Weeks After the Case Settled; Navy Secretary
Issued a Revised EEO Policy Adding Sexual Orientation Protection for Gay
Civilian Workers in May 1994.  

Democratic Party Releases Statement on Don't Ask, Don't Tell Which is Read at
a Gay Democratic Party Club Meeting in Southern California; Clinton-Gore '96
Campaign Official is Present to Respond to Questions.

HUNTINGTON BEACH, CA (March 2, 1996) -- Members of the Eleanor Roosevelt
Democratic Club of Orange County California packed a Huntington Beach
residence Wednesday February 28 to hear program speaker Tom Swann.  The
predominantly gay, lesbian, bisexual & transgender Democratic Party
organization has over 150 members. Orange County has a very high number of
conservative Republican voters and is the home "turf" of Republican
Presidential candidate Rep. Robert Dornan.  To demonstrate the importance of
Orange County, a Clinton-Gore Campaign official was present.  Chris Norman
said she would be in Orange County for 4 weeks to meet with voters and hear
their concerns.

The meeting was an opportunity for club members to hear Tom Swann describe
the anti-gay harassment he endured at the Point Mugu Navy Base starting in
1990.  Club vice president Steve Valkenburg of Redlands CA said, "we wanted
to hear about the alleged assaults, anti-gay harassment, HIV/AIDS
discrimination and other issues.  We have all heard reports about the
military attitude toward lesbians and gays and people with AIDS.  This
meeting gave us a chance to hear from someone who won an important case
against the military."

The meeting was scheduled weeks ago but the timing was ideal.  On Tuesday
February 27 Defense Secretary William Perry ordered an investigation into
charges of increasing harassment and "witch hunts" by the U.S. military
against homosexuals in uniform.  This was in response to a report published
by the Servicemembers' Legal Defense Network (SLDN) that showed significant
increases in the number of people being discharged from the military since
the don't ask, don't tell policy was enacted 2 years ago.

In his remarks, Swann described the 4 unfounded investigations conducted by
the U.S. military against him even though he was a civilian GS-11 program
analyst.  One was a Hatch Act investigation because he (Swann) met with Rep.
Barney Frank during the 1993 Inauguration.  Swann was cleared of any wrong
doing and the ACLU alleged it was an attempt to suppress his First Amendment
rights and intimidate other gay civilian workers from endorsing efforts to
lift the military ban.

Here is the partial text of Tom Swann's remarks covering these issues:

In the two years since the don't ask, don't tell policy has been in effect,
the Pentagon discharged more service members for being gay than at any time
since 1991.  In fact there has been a 17% increase.  Despite the don't pursue
aspects of the policy - the military has given their commanders a wide margin
of room to conduct investigations of people who might be lesbian or gay.  An
August 1995 memorandum issued by the Pentagon's top lawyer (General Counsel
Judith Miller) says that "each service is left to determine how to use them"
(the guidelines).

Since the rules took effect approximately 7 of 43 service members who tried
to rebut the presumption of homosexual activity have succeeded and avoided
discharge.  The others were kicked-out of the military.  Navy Reserve Lt.
Commander Zoe Dunning won her case but the Pentagon subsequently issued a
memorandum specifically stating that the defense Dunning used should not be
accepted in the future.

Meanwhile the SLDN, myself, Gay, Lesbian & Bisexual Veterans of America
(GLBVA), Alexander Hamilton Post of The American Legion (San Francisco) and
others are trying to secure the release of Air Force Captain Warren Dinges
from the Fort Leavenworth, Kansas Federal Prison.  Dinges is being
incarcerated pending appeal of his November 15 conviction for having
consensual sex with a civilian adult male.  The Air Force allegedly used
coercive tactics in the trial threatening to place the civilian male in jail
for 6-months if he did not testify.

Michelle Benecke, Co-Executive Director of SLDN said recently that gay people
"continue to face witch hunts, death threats, and pursuit -- asking -- which
everyone agreed would stop with the new policy."

I have learned that SLDN has met with White House officials to show evidence
that the new policy is vastly different from what President Clinton and the
Democratic Congress intended in 1993.  On June 11, 1993 my representative met
with the military advisor to Vice President Al Gore to talk about my case and
the cases of other plaintiffs like Margarethe Cammermeyer and Keith Meinhold.
 Two hours after I told Point Mugu Navy Base officials about this White House
meeting between former Air Force Captain Dave Schaub and Navy Commander James
A. Carman the directorate head ordered a punitive job transfer for me.  The
ACLU objected and filed new legal documents against the Navy.  

So in my opinion, the don't ask, don't tell is not working and the military
harassment of lesbians and gays has not changed.  It seems to be much worse.
 I believe lesbians and gays should have their First Amendment rights to
share their sexual orientation with military and civilian co-workers. Nobody
objects when heterosexuals describe their dating relationships.  

As a member of the California State Democratic Party Central Committee I have
inquired about the Clinton administration's response to the SLDN report and
the prison sentence handed-out to Captain Dinges.  The Democratic Party
pointed to a speech given by Mr. George R. Stephanopoulos, Senior Advisor to
the President.  The remarks were made on October 20, 1995 at the 4th annual
convention of the National Lesbian and Gay Journalists Association in
Washington, D.C.  The important Clinton administration official said: 

"I know that many lesbian and gay Americans -- including many of you in this
room -- saw the issue of discrimination in the military as an important
reason to support the Clinton-Gore ticket.  And as a campaign advisor and as
a member of the President's staff, I worked very closely and very hard on
that issue for a long time.  And we tried -- I know we didn't achieve what we
set out to achieve.  We'll continue to do what we can to ensure that at the
very least, gays and lesbians serving honorably in the military, as they have
always done, can do so without the harassment that has scarred too many lives
and marred too many careers.  I understand your disappointment.  Don't ask,
don't tell has not worked as well as we had hoped.  But I also ask you to
believe something else.  This was an honest attempt to achieve an honorable
compromise.  The President did his best, and he will continue to do his
best."

Let me say that I (Tom Swann) lost a great deal when Navy officials
retaliated against me because I supported the President's efforts.  Perhaps I
have a right to be bitter toward the Clinton-Gore '96 campaign.  I lost my
12-year career, my health when the Navy placed me on 7-months unpaid leave,
and my freedom to express myself as a Proud Gay Veteran.  I am not bitter and
anger towards others harms you and benefits no one.  Thanks to the ACLU, my
family and a host of friends across America who donated to my legal defense I
was able to win my case and the Navy Secretary added sexual orientation
protection.  So never give up hope or give in to discrimination.

I had the pleasure of shaking hands with Mr. Stephanopoulos at a recent Los
Angeles Democratic Party event co-hosted by the Stonewall Democratic Club and
Assembly candidate Robert Hertzberg.  I listened to this Clinton Sr. Advisor
talk about the Employment Non-Discrimination ACT (ENDA) and the new security
clearance policy for lesbian and gay federal workers.  Mr. Stephanopoulos
asks that we believe him AND I DO because I was involved in the process and
the ACLU and I won a historic case.

When I asked members of the Eleanor Roosevelt Democratic Club if they believe
President Clinton did his best, and he (Clinton) will continue to do his
best...the audience shouted YES!

Now we are preparing the California Democratic Party Platform which will be
debated and adopted April 12-14 in Los Angeles.  First Lady Hillary Rodham
Clinton will be speaking to over 3,000 delegates which includes members of
the Gay, Lesbian & Bisexual Veterans of America.  Our gay veteran delegation
is supportive of the Defense Secretary's investigation into charges of "witch
hunts" by the U.S. military.  We welcome the First Lady and hope she will
mention this issue in her speech.

The California Democratic Party Platform will have enormous influence in
shaping the 1996 national platform that our candidates will use in this
crucial election.  I am very pleased that the draft language includes the
following sentence under Lesbians and Gay Men:

"THE RIGHT TO SERVE IN THE ARMED FORCES WITHOUT QUESTION."

                                         -30-

Tom Swann is a retired Navy civilian worker (AIDS disability).  He is a
member of the ACLU Lesbian and Gay Rights Chapter, Gay, Lesbian & Bisexual
Veterans of America, the Alexander Hamilton Post of The American Legion,
Russian River VFW Post, Navy Gay, Lesbian or Bisexual Employees (GLOBE) and
other organizations.

He is a board member of the Wall of Restitution Project, a non-profit
organization creating a wall whereby GLBT veterans can place 3 x 5 "bricks"
to describe their feelings about the military.  The wall will be displayed
across America like the AIDS quilt.  Navy Petty Officer Keith Meinhold is the
honorary chair.

Patricia Ireland called Swann a hero when she introduced him to speak at the
national NOW convention in Boston (July 1993) according to former national
NOW board member Don Cannon.  Swann was co-grand marshall of the 1995 Palm
Springs CA Pride Parade.

He serves on the steering committee of the Stonewall LA Democratic Club and
was the State V.P. of CA Young Democrats (1983-85).

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