In 1948, H. Edward Spires was discharged as “undesirable” from the military because he was gay. On Friday, his discharge was finally updated to “honorable,” after almost 70 years. “My first thought was, ‘it’s about time,” Spires said on Monday. “I can lift my head again.” One of the law students who worked on the case, Erin Baldwin, doesn’t know why the Air Force changed its mind, since Spires has requested the change several times. “I’m not sure we can say with certainty but it was helpful that he had support from a lot of different places,” she said.

When the “Don’t Ask, Don’t Tell” policy, which banned openly homosexual soldiers from serving in the military, was repealed in 2011, Spires became qualified to ask to upgrade his discharge. But the Air Force claimed that a 1973 fire had destroyed his military records, and denied his application. In November, a group of law students from the Yale Veterans Legal Services Clinic helped Spires and his husband David Rosenberg, who is also a veteran, file a federal lawsuit. Spires is currently recovering from pneumonia, which made the issue even more pressing.

Finally, the military granted his request. In a letter signed last Thursday, the Air Force Board for Correction of Military Records acknowledges Spires’ request and writes, “Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.”

Gay Air Force veteran honorably discharged 68 years later https://t.co/0EWoeTjF5K pic.twitter.com/KxriaCM5rX

— Hartford Courant (@hartfordcourant) January 9, 2017

Spires enlisted in the military when he was 20 years old, in 1946. He was assigned the role of a chaplain’s assistant at the Air Force Base in San Antonio and was soon promoted to the rank of sergeant. He told NBC in November that he lived a closeted life whenever he was at the base. Spires loved San Antonio and was part of a small community of other closeted gay men. But all of that changed when he went to a Halloween party dressed as the soap Oxydol, which was advertised at the time as very sparkly. So Spires dressed “very sparkly and that was taken as being in drag,” he said. “Someone at the party recognized me and said, ‘Ah-ha! He must be gay.’”

After that, the military treated him differently; officers interrogated him for weeks, asked personal questions about his life, and sent him to meet a board of inquiry every day for a week. Spires was too ashamed to tell his mother what was going on, even though she came to visit him at the same time as the trial. He said:

I had to be my own attorney. They did not furnish me an attorney because I was thought of as nothing. They were already convinced I was gay and that I was guilty. […] I can’t tell you how terrible it was. I couldn’t tell her, I can’t spend days with you because I’m on trial.

He collapsed under the pressure, and was discharged because of “undesirable habits and traits of character,” in June of 1948. He never came out to his parents, but met his husband in 1956 and married him in 2009. Rosenberg said that there was a big difference in how the military treated the two men; his husband was honorably discharged despite being gay. “It is an injustice that the military has treated Ed and me so differently, despite our equal honorable service,” he said at a press conference in November.

But finally, Spires’ will has been granted and he can relax. The couple said that they will celebrate in Florida next month. Spires said, “I’m still recovering from pneumonia but every day seems a little brighter. This is one thing less on my mind…I can smile again.”

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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The Senate confirmed Eric Fanning as the new Secretary of the Army Tuesday, making him the first openly gay civilian to hold the post. His nomination marks a historic moment in the LGBTQ movement, as Fanning is now the highest-ever ranking openly gay official at the Pentagon.

President Obama nominated Fanning for the position in September, but the confirmation stalled for eight months as Kansas Senator Pat Roberts (R) remained the only holdout due to an unrelated issue.

Roberts lifted the hold only after he was finally given reassurance from Deputy Defense Secretary Robert O. Work that prisoners from Guantanamo Bay would not be transferred to the U.S. military prison at Ft. Leavenworth in Kansas as part of the Obama administration’s efforts to close the controversial Cuban prison.

Last month, Armed Services Committee chairman Arizona Sen. John McCain (R) pleaded with Roberts to end the standoff on behalf of the men and women serving in the Army. In an address to the Senate floor, McCain stated:

It is not fair to the men and the women of the United States Army to be without the leadership of a secretary of the Army. Mr. Fanning is eminently qualified to assume that role of Secretary of the Army. So I would urge my friend and colleague to allow me to… to not object to the unanimous consent that I am just proposing.

Prior to being named the Secretary of the Army, Fanning served as the Under Secretary of the Air Force, the Chief of Staff for the Deputy Secretary of Defense, and the Under Secretary of the Army.

Fanning’s confirmation comes just five years after the repeal of “don’t ask, don’t tell,” which effectively banned openly gay men and women from serving in the military. According to NPR, his nomination was just one of several efforts on behalf of the Obama administration to advance the rights of LGBTQ people in government, including extending federal benefits to same-sex couples and hiring the first openly transgender White House staffer.

Secretary of Defense Ash Carter congratulated his former Chief of Staff in a statement Tuesday saying,

Eric is one of our country’s most knowledgeable, dedicated, and experienced defense officials and I am confident he will make an exceptional Secretary. Eric’s experienced leadership will be an invaluable asset to the Army at this important moment.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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In a letter to a congressional subcommittee on Nov. 21, American Bar Association President (ABA) James Silkenat voiced his support for the Restore Honor to Service Members Act, a bill that would upgrade the statuses of gay and lesbian veterans discharged under Don’t Ask Don’t Tell (DADT.)

Addressing chairman Joe Wilson and ranking member Susan Davis of the Armed Services Committee, Silkenat characterized the bill as comprising “the final steps necessary to bring about an end to the unfortunate remnants of [DADT],” adding, “this legislation is crucial for the thousands of our veterans who are still experiencing the consequences of that policy and its even more oppressive predecessors.

The bill would create new panels to hear cases from veterans who, because of the discriminatory nature of previous laws, were kicked out of the armed forces. It aims not only to honor due federal benefits for those veterans, but also to remove the blemish of their discharge, and the unfair consequences incurred as a result. However, it falls short of providing monetary recompensation for lost wages and other damages.

The ABA has had a long history of supporting gay rights: first, by opposing Don’t Ask Don’t Tell in 1993 when it was enacted, and later in 2010, when the organization came out in support of gay marriage. Silkenat says that, in this case, because of the “sensitive special status of the armed forces” and ABA’s relationship with the Department of Defense, he was compelled to make his stance known.

Despite its 138 cosponsors, the bill has a very slim chance of making it out of the notoriously rigid Armed Services Committee. Compounding its grim odds is the fact that, of those 138 cosponsors, only one is Republican. In the Republican-controlled House, that alone is a death sentence.

It need not be said that blatant injustices like the ones targeted in the new bill should stoke a rallying cry in the legal community. If the politicians on the Hill can’t scrub the ugly anachronism of homophobia from our society then, in the spirit of Thurgood Marshall, it seems the only thing left to do is to go “through the courts.” So, channeling my inner Stephen Colbert, I give a tip of the hat to you Mr. Silkenat, and a wag of the finger to you, House Republicans.

[ABA Journal]

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Featured image courtesy of [DVIDSHUB/Sgt. Randall Clinton via Flickr]

Jimmy Hoover

Jimmy Hoover is a graduate of the University of Maryland College Park and formerly an intern at Law Street Media. Contact Jimmy at staff@LawStreetMedia.com.

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