Secretary Clinton Delivers on Her Promise

One issue I have been following pretty closely is the new administration’s commitment, or lack thereof, to following through with the promises they made to the gay community prior to taking office. And despite Obama’s lofty words, he has fallen far short in the action department and thus far it has become crystal clear that of all the power-players in the administration (including the Cabinet), only Secretary of State Hillary Clinton has had a very real commitment to not only advancing gay rights, but doing so as quickly as possible. I have written about this here, here and here.

I mean, who could forget YouTube sensation “Max from Moldova”, with his “I love Hillary” T-shirt, asking Secretary Clinton about gay rights during one of her early trips abroad? If Max loved Hillary before, he really loved after this (and who could blame him?):

The gay community rightly lauded Secretary Clinton’s commitment to pursuing equal treatment for gay State Department employees as courageous [given the possibility of political backlash now or in the future] and increasingly they/we see her as virtually the only real ally they/we have in this current administration.

Speaking of the administration…I think most people understand President Obama has a lot on his plate right now, with two wars, a flailing economy (which is an understatement), foreign policy crises in every corner of the globe and on and on. I also think most people understand that for Obama to be successful in advancing policies which help secure and promote gay rights, he needs the help and support of Congress. That said, the Obama administration’s (ie. the Justice Dept).legal brief in defense of the Defense of Marriage Act (“DOMA”), was so totally over-the-top in it’s rhetorical reinforcement of the right-wing arguments against not only gay marriage, but also against gay people in general, that it’s difficult to buy into the argument that the administration “had no choice” with respect to their legal options regarding DOMA.

After the outcry from the gay community and various progressive activist groups, President Obama signed a Memorandum yesterday expanding federal benefits for same-sex partners of Foreign/Civil Service employees and and executive branch government employees (see White House website for full Memorandum). While this is a positive step forward, the move seemed motivated primarily by the recent criticism from gay rights activists as opposed to a genuine belief that there was no time like the present to start advancing gay rights. That seems a bit harsh on my part and I realize the end result is more important than the motivations behind it and some progress is better than no progress at all, but still…

Unfortunately, the controversy over the Justice Department’s brief in defense of DOMA seemed to over-shadow Secretary Clinton’s announcement about the State Department’s new policy regarding extending benefits to same-sex domestic partners of foreign service employees. Hillary Clinton promised to follow through on this her very first day at the State Department and she deserves tremendous credit for this. Also, with Secretary Clinton, the motivations for the change in State Department policy seems motivated by a genuine belief in equality for gays and lesbians in addition to an understanding of the reality that in order to attract the best employees, the State Department should not arbitrarily exclude otherwise qualified, motivated individuals for no other reason than that they are gay.

Secretary Clinton’s statement on the State Department’s new policy:

“While a career in the Foreign Service is rewarding, the demands to serve our country require great commitment and sacrifice by Foreign Service employees and their families. As in American society, our Foreign Service families come in different configurations; all are part of the common fabric of our Post communities abroad. Family members often uproot their lives, endure hardship conditions, and put their own careers on hold to support our overseas missions. The Department of State acknowledges these vital contributions by providing certain family members with benefits, training, and allowances.

The same has not been true for domestic partners of Foreign Service employees. While these partners support the work of our overseas posts, they are not granted benefits and allowances provided for other family members. Domestic partners of federal employees have for too long been treated unequally. As one of my first acts as Secretary, I directed the Department to review whether we had the flexibility to extend additional benefits to domestic partners.

Yesterday, the President issued a memorandum reflecting his commitment to ensuring that same-sex domestic partners receive the maximum benefits that each agency legally can undertake. I am pleased to announce that the Department of State is extending the full range of legally available benefits and allowances to same-sex domestic partners of members of the Foreign Service sent to serve abroad.

Changing our policy to provide training, medical care and other benefits to same-sex domestic partners will promote the cohesiveness, safety and effectiveness of our posts abroad. It will help the Department attract and retain personnel in a competitive environment where domestic partner benefits and allowances are increasingly the norm for world-class employers. This change is the right thing to do, and it is the smart thing to do.

We will implement this policy by changing our Foreign Affairs Manual and the Standardized Regulations to allow the same-sex domestic partners of the Department’s Foreign Service employees to qualify as family members for a variety of benefits and allowances. Where appropriate, this extension of benefits and allowances will apply to the children of same-sex domestic partners as well. To qualify for these benefits and allowances on behalf of a same-sex domestic partner, an employee must file an affidavit identifying his or her same-sex domestic partner and certifying to certain eligibility requirements that will be set forth in the FAM.

The Department of State intends to provide the following additional benefits and allowances for declared same-sex domestic partners of eligible employees serving overseas:

* Diplomatic passports,
* Inclusion on employee travel orders to and from posts abroad,
* Shipment of household effects,
* Inclusion in family size calculations for the purpose of making housing allocations,
* Family member preference for employment at posts abroad,
* Use of medical facilities at posts abroad,
* Medical evacuation from posts abroad,
* Emergency travel for partners to visit gravely ill or injured employees and relatives,
* Inclusion as family members for emergency evacuation from posts abroad,
* Subsistence payments related to emergency evacuation from posts abroad,
* Inclusion in calculations of payments of overseas allowances (e.g., payment for quarters, cost of living, and other allowances),
* Representation expenses, and
* Training at the Foreign Service Institute.

The Department also will work with foreign governments to provide same-sex domestic partners, to the extent possible, with diplomatic visas, privileges and immunities, and authorization to work in the local economy.

We look forward to implementing these changes.”

Props to Secretary Clinton for acting on this her very first day at the State Department and seeing it through to it’s implementation.