Advocate: Gay Rights on Fast Track at State Department

From today's Advocate:

Gay Rights On Fast Track At State Dept.

Days after pledging review policies that discriminate against LGBT employees at the State Department, Secretary Clinton said her staff is reviewing inequities and preparing to make appropriate changes "expeditiously."

Secretary of State Hillary Clinton told participants at a town hall meeting in Washington, D.C. Wednesday that equalizing the treatment of the State Department’s LGBT employees and their partners is being reviewed and “is on a fast timeline” to be remedied.

“We are reviewing what would need to be changed, what we can legally change,” Secretary Clinton said. “A lot of things we cannot legally change by a decision in the State Department. But let’s see what we can determine is within our realm of responsibility, and we are moving on that expeditiously.”

Clinton’s remarks came in response to a question posed by Ralan Hill, a foreign service officer with a same-sex partner, who noted that in an emergency situation abroad, the State Department would be responsible for evacuating him but would have no such obligation to his partner. The department does, however, provide evacuation assistance to heterosexual spouses of officers stationed overseas.

“This is an issue of real concern to me,” Clinton responded. “And even though, as you pointed out, all of our personnel share the same service requirements, the partners in same-sex relationships are not offered the same training, the same benefits, and the same protections that other family members receive when you serve abroad. So I view this as an issue of workplace fairness, employee retention, and the safety and effectiveness of our embassy communities worldwide.”

Clinton signaled that she would review the inequities faced by LGBT employees during her confirmation hearings and momentum has been growing ever since. Earlier this week, Rep. Tammy Baldwin (D-WI) and Rep. Ileana Ros-Lehtinen (R-FL) along with Senators Russ Feingold (D-WI) and Ron Wyden (D-OR), sent a letter to Secretary Clinton asking her to change the discriminatory policies.

“The lack of equitable treatment could force dedicated, intelligent, and needed FSOs (Foreign Service Officers) and officials to make an unfortunate choice between serving their country and protecting their families,” read the letter. “The State Department’s past inattention to these disparities places it below parity with the best employment practices used in the private sector, where the majority of Fortune 500 companies extend employee benefit programs to cover the domestic partners.”

Baldwin and her colleagues singled out the following changes in State Department policy regarding Foreign Service Officers (FSOs):

• Inclusion in travel orders for same-sex domestic partners of FSOs

• Access to training, including all language classes, area studies, and embassy effectiveness classes for same-sex domestic partners of FSOs

• Emergency evacuation and medevac from post when necessary for same-sex domestic partners of FSOs

• Access to post health units for same-sex domestic partners of FSOs

• Visa support for same-sex domestic partners accompanying FSOs to overseas postings, and for same-sex foreign-born domestic partners accompanying FSOs to postings in Washington or elsewhere in the U.S.

• Preferential status for employment at post comparable to that enjoyed by Eligible Family Members (EFMs) for same-sex domestic partners of FSOs

Congressional members sent a similar letter to former Secretary of State Condoleezza Rice last year but the concerns fell on deaf ears. Assistant Secretary Jeffrey Bergner sent a response stating that the department recruits and promotes employees “without regard to sexual orientation” and affords benefits to unmarried partners of employees in accordance with the Foreign Affairs Manual (at 3 FAM 4180). The letter failed to acknowledge any inequalities faced by officers in same-sex relationships.

Sources familiar with the State Department say LGBT employees today are more hopeful than they have ever been about the direction of potential policy changes. Last week, 2,200 government employees (gay and straight) working in foreign affairs signed a letter advocating for fair treatment of LGBT employees that was hand-delivered to Secretary Clinton's office.

Michelle Schohn, president of Gays and Lesbians in Foreign Affairs Agencies (GLIFAA), welcomed the support of Congressional members and said she firmly believed policy changes are imminent.

“We are delighted that these members of Congress share our concerns about the inequities facing gays and lesbians in the foreign service,” Schohn said. “I am confident that these are issues that the Secretary already takes seriously.”

A New Letter to the Secretary

As you know if you have been reading this blog for any amount of time, several Representatives of Congress, including Rep. Tammy Baldwin, wrote repeatedly to Secretary Rice asking her to address inequities facing gay and lesbian employees at the State Department. Today, Representative Baldwin's office sent out a press release regarding a new letter, this one to Secretary Clinton.

The text of the release reads:

Baldwin Calls on Clinton to Change State Dept. LGBT Policies

Congresswoman Tammy Baldwin (D-WI) has asked Secretary of State Hillary Clinton to address inequities in employment practices concerning gay and lesbian State Department employees and to take remedial action.

In a letter sent today, Baldwin, joined by Senators Russ Feingold (D-WI) and Ron Wyden (D-OR), and Rep. Ileana Ros-Lehtinen (R-FL), wrote:

“The lack of equitable treatment could force dedicated, intelligent, and needed FSOs (Foreign Service Officers) and officials to make an unfortunate choice between serving their country and protecting their families. As you noted during the question and answer session of your Senate Foreign Relations confirmation hearing, many other nations now extend training, protection, and benefits to the partners of LGBT employees. Further, the State Department’s past inattention to these disparities places it below parity with the best employment practices used in the private sector, where the majority of Fortune 500 companies extend employee benefit programs to cover the domestic partners. Without remedying these inequities, the State Department may fail to attract and retain qualified personnel.”

Baldwin and her colleagues asked Secretary Clinton to institute, among other things, the following changes in State Department policy regarding Foreign Service Officers (FSOs):

 Inclusion in travel orders for same-sex domestic partners of FSOs
 Access to training, including all language classes, area studies, and embassy effectiveness classes for same-sex domestic partners of FSOs
 Emergency evacuation and medevac from post when necessary for same-sex domestic partners of FSOs
 Access to post health units for same-sex domestic partners of FSOs
 Visa support for same-sex domestic partners accompanying FSOs to overseas postings, and for same-sex foreign-born domestic partners accompanying FSOs to postings in Washington or elsewhere in the U.S.
 Preferential status for employment at post comparable to that enjoyed by Eligible Family Members (EFMs) for same-sex domestic partners of FSOs

Former U.S. Ambassador to Romania Michael Guest, a distinguished diplomat, resigned last year from the State Department because of inequitable employment practices. Such disparities “should not be the reason why highly qualified employees leave the State Department at a time when their service is needed more than ever,” Baldwin wrote. More than 2,200 government employees, members of the group Gays and Lesbians in Foreign Affairs Agencies (GLIFAA), also sent a letter to Clinton expressing their concerns on this issue.

Citing Secretary Clinton’s pledge during her confirmation hearing to examine current policies relating to lesbian and gay employees at the State Department, Baldwin and her colleagues wrote: “As you work to advance America’s national security and exemplify this great country’s values around the world, we hope you will follow through on this pledge and also work to fully support your diverse workforce.”

Here is the text of the letter:

Congratulations on your confirmation as our new Secretary of State. We welcome your leadership in promoting America's security and standing in the world and look forward to working in partnership with you. As you begin your work, we hope that you will also focus on equalizing the internal State Department rules and regulations for lesbian, gay, bisexual, and transgender (LGBT) Foreign and Civil Service employees.

Recently, you received a letter from the group Gays and Lesbians in Foreign Affairs Agencies (GLIFAA), signed by over 2,200 government employees, expressing their concerns on this issue. As in the case of former Ambassador to Romania Michael Guest, the inequitable treatment of LGBT Foreign and Civil Service Officers (FSOs) and their partners should not be the reason why highly qualified employees leave the State Department at a time when their service is needed more than ever. Many of these inequities, however, could be remedied through your leadership as Secretary, without legislative changes.

As you may know, by not including same-sex partners in the definition of an "Eligible Family Member" (EFM), the Department excludes them from many of the State Department benefits, protections, and services afforded to family members of FSOs. These benefits are important to the safety, effectiveness, and morale of our communities abroad.

We are particularly concerned that the Department has not taken enough steps to assure the safety and security of non-EFM partners of FSOs. According to the State Department's own literature, 85% of FSOs are likely to be a victim of crime at some point during their overseas career. While same-sex partners are now allowed to take security classes through the Foreign Service Institute, their access is only on a space-available basis. Moreover, they are still denied access to embassy health services, even in countries where grave health crises exist. They are not included in protocols for the distribution of Tamiflu in the event of an avian flu outbreak, undercutting the most basic preventive step against a potential pandemic outbreak.

Further, if an evacuation is ordered, same-sex partners are financially responsible for their own evacuation - creating a frightening choice between safety and resources.

The lack of equitable treatment could force dedicated, intelligent, and needed FSOs and officials to make an unfortunate choice between serving their country and protecting their families. As you noted during the question and answer session of your Senate Foreign Relations confirmation hearing, many other nations now extend training, protection, and benefits to the partners of LGBT employees. Further, the State Department's past inattention to these disparities places it below parity with the best employment practices used in the private sector, where the majority of Fortune 500 companies extend employee benefit programs to cover the domestic partners. Without remedying these inequities, the State Department may fail to attract and retain qualified personnel.

Madam Secretary, we urge you to take the initiative in addressing these basic concerns, all of which can be handled through internal regulatory changes and would not require Congressional action. Your leadership in these policy areas would make a difference in the safety and morale of those who support American policy goals overseas:

* Inclusion in travel orders for same-sex domestic partners of FSOs
* Access to training, including all language classes, area studies, and embassy effectiveness classes for same-sex domestic partners of FSOs
* Emergency evacuation and medevac from post when necessary for same-sex domestic partners of FSOs
* Access to post health units for same-sex domestic partners of FSOs
* Visa support for same-sex domestic partners accompanying FSOs to overseas postings, and for same-sex foreign-born domestic partners accompanying FSOs to postings in Washington or elsewhere in the U.S.
* Preferential status for employment at post comparable to that enjoyed by EFMs for same-sex domestic partners of FSOs

Many of these changes might be efficiently addressed through the inclusion of same-sex domestic partners under the definition of an EFM in the Foreign Service Standardized Regulation 040(m). None of the changes above are contrary to the letter or spirit of the Defense of Marriage Act.

In addition to these issues, we ask you to consider leading the State Department in recognizing partners of diplomats from other countries while they serve in the United States. This offer of equality and hospitality can restore our nation's leadership role on lesbian, gay, bisexual, and transgender (LGBT) rights while bolstering our diplomatic efforts.

Also, we similarly hope you will provide guidance to U.S. Missions to the United Nations to enable American employees at the UN to designate their same-sex partners as domestic partners. It is our understanding that the UN will defer to the instructions of the relevant Permanent Mission of the country of origin of the staff member when deciding whether to grant benefits to same-sex partners of UN employees. While they are not FSOs, these individuals lead dedicated lives of service, and deserve the opportunity to provide for their families.

During your confirmation hearing, you pledged to examine current policies relating to lesbian and gay employees at the State Department. As you work to advance America's national security and exemplify this great country's values around the world, we hope you will follow through on this pledge and also work to fully support your diverse workforce. Madam Secretary, we would be pleased to work with you in addressing these matters and look forward to your response.

Coverage of Secretary-designate Clinton's comments

The Advocate ran a piece today about Secretary-designate Clinton's comments:

Clinton Pledges Review of LGBT Policies at State Department

Senator Hillary Clinton said Tuesday during her confirmation hearing for Secretary of State that she intended to review the department's policy of not extending benefits to partners of lesbian, gay, bisexual, and transgender foreign service officers. But Clinton stopped short of giving a specific commitment to make partner benefits available, saying she needed more information on the existing policies.

Beyond being deprived of health care benefits, same-sex partners of foreign service personnel are currently unable to access other services available to heterosexual spouses, such as subsidized relocation, language training, employment opportunities, on-site medical treatment, and evacuation aid in emergency situations.

Democratic Senator Russ Feingold of Wisconsin posed the question to Sen. Clinton after he noted that addressing these inequities was a natural outgrowth of the need to build a more robust diplomatic corps.

"Will you support changes to existing personnel policy in order to ensure that LGBT staff at State and [the U.S. Agency for International Development] receive equal benefits and support?" he asked.

Sen. Clinton responded: "Senator, this issue was brought to my attention during the transition. I've asked to have more briefing on it because I think that we should take a hard look at the existing policy. As I understand it, but don't hold me to it because I don't have the full briefing material, but my understanding is other nations have moved to extend that partnership benefit. And we will come back to you to inform you of decisions we make going forward."

LGBT diplomats who work for the State Department welcomed the comments from Senator Clinton, who is expected to be confirmed next week.

"Secretary-designate Clinton has been a good friend to the LGBT community, and I am delighted that she recognizes that fairer policies make good business sense," said Michelle Schohn, president of Gays and Lesbians in Foreign Service Affairs Agencies (GLIFAA). "LGBT diplomats and aid workers serve overseas in some of the most dangerous locations, but current State Department policies continue to be deny equal treatment for our families. I am hopeful that Secretary Clinton will work quickly to implement overdue reforms so that we can continue to serve our country at a time when it needs us most without having to choose our job over our family."

Schohn has personal experience with the inequities faced by LGBT couples. She was a "member of household" when her partner, who has been in the service seven years, was stationed in Baku, Azerbaijan. Schohn ultimately decided to become a U.S. diplomat herself when she realized it would be too difficult to accompany her partner for the duration of her career without having the benefits afforded to heterosexual spouses.

"I left a career I loved," said Schohn, who has now been a foreign service officer for five years. "I am proud of my service but joining the State Department is not a choice everyone can or should have to make." (Kerry Eleveld, Advocate.com)

The issue was also covered at Towleroad:

Issues of inequality and unfair treatment at the State Department were highlighted last year when departing Ambassador to Romania Michael Guest criticized the agency's failure to deal with them. Guest took a parting shot at Secretary of State Condoleezza Rice at his retirement ceremony for failing to answer his calls to address LGBT issues. Said Guest: "This was my last chance. I never got a response. I don't know that I expected a response. What I wanted was attention to the issue....One word from the secretary [would have spurred action]. That's what I was hoping, that I would somehow get to her heart."

Gays and Lesbians in Foreign Affairs Agencies (GLIFAA) was pleased with the Feingold-Clinton exchange, and released the following statement:

"GLIFAA plans to present to the incoming Secretary of State a letter signed by over 2,000 current and former employees of the Department of State and other foreign affairs agencies, requesting fairness for LBGT employees. GLIFAA board members also met with members of President-elect Obama's transition team at the Department of State in December. GLIFAA President Michelle Schohn welcomed Senator Clinton's acknowledgement that fairer policies serve as good business sense. Schohn noted that LGBT U.S. diplomats and aid workers serve overseas in some of the most dangerous locations, but continue to be denied equal treatment for their families. She expressed hope that the incoming Administration would work quickly to implement overdue reforms...Among many other obstacles, LGBT partners lack access to affordable health insurance coverage and resources for moving abroad. During overseas tours, employees' partners do not receive assistance in obtaining a visa and lack access to employment opportunities, emergency evacuation, and embassy medical units, all afforded to married, heterosexual couples."

Secretary-designate Clinton addresses issues faced by LGBT employees

At her confirmation hearing today, Secretary-designate Clinton was saying a lot of the right things, like that she wanted to make sure that there were sufficient resources for the Foreign Service to do its job. She acknowledged that Foreign Service officers were doing the work of America, often putting their lives at risk to do it.

She also answered a question from Senator Feingold about the issues facing gay and lesbian employees at the State Department and USAID.

SEN. FEINGOLD: -- Let me switch to something completely different.

There's widespread recognition of the need to build a more robust and effective diplomatic and development corps. And as a part of that effort, it of course makes sense to consider ways to address challenges faced by the lesbian, gay, bisexual and transgender employees, particularly relating to domestic partner benefits in State Department policies that make it difficult for the partners of Foreign Service officers to travel and live at overseas posts.
What would you do, as secretary of State, to address these concerns? Will you support changes to existing personnel policies in order to ensure that LGBT staff at State and USAID receive equal benefits and support?

SEN. CLINTON: Well, Senator, this issue was brought to my attention during the transition. I've asked to have more briefing on it because I think that we should take a hard look at the existing policy. As I understand it -- but, I don't hold me to it because I don't have the full briefing material, but my understanding is other nations have moved to extend that partnership benefit, and we will come back to you to inform you of decisions we make going forward.

Not perfect, but it is a start. And at least the question was asked (thanks Senator Feingold!).