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Draft Letter Signals Clinton Ready For Equal Treatment at State


The Advocate has obtained a draft of a letter from Secretary of State Hillary Clinton to employees of the State Department that details her intentions to extend certain benefits to same-sex partners of foreign service officers posted abroad.

"Historically, domestic partners of Foreign Service members have not been provided the same training, benefits, allowances, and protections that other family members receive. These inequities are unfair and must end. Providing training, medical care and other benefits to domestic partners promote the cohesiveness, safety and effectiveness of our Posts abroad," says the letter.

The letter explains that the department will be "exercising its inherent authority to change its regulations in the Foreign Affairs Manual and Department of State Standardized Regulations" in order to allow domestic partners of foreign service personnel to qualify as family members. "Where appropriate, this extension of benefits and allowances will apply to the children of domestic partners as well."

Providing these benefits to all employees, notes the letter, 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. At bottom, the Department will provide these benefits for both opposite-sex and same-sex domestic partners because it is the right thing to do."

The letter appears to be the culmination of Secretary Clinton's work with LGBT employee groups at the State Department. A source familiar with the situation who spoke on the condition of anonymity said the letter was drafted by senior officials at the department and represents the Secretary's thinking on the issue. The letter currently awaits final approval from senior government lawyers.


The draft is consistent with statements made this week by California Congressman Howard Berman that Secretary Clinton is committed to equalizing the treatment of gay employees of the State Department and that he anticipated an announcement on the matter soon.

Full text of the letter is below:

DRAFT INTERNAL RELEASE

For Review


Today, I am pleased to announce that the Department of State will be extending a number of benefits and allowances to domestic partners of members of the Foreign Service assigned abroad. 



While a career in the Foreign Service is rewarding, the demands to serve our country both at home and abroad also require great sacrifice by our Foreign Service personnel and their families as well. Family members often must uproot their lives, endure hardship conditions, and put their own careers on hold. Like all families, our Foreign Service families come in different configurations; all are part of the common fabric of our Post communities abroad. 



Historically, domestic partners of Foreign Service members have not been provided the same training, benefits, allowances, and protections that other family members receive. These inequities are unfair and must end. Providing training, medical care and other benefits to domestic partners promote the cohesiveness, safety and effectiveness of our Posts abroad. It will also 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. At bottom, the Department will provide these benefits for both opposite-sex and same-sex domestic partners because it is the right thing to do. 


The Department will be exercising its inherent authority to change its regulations in the Foreign Affairs Manual and Department of State Standardized Regulations to allow the domestic partners of Department Foreign Service personnel 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 domestic partners as well. To qualify for these benefits and allowances, an employee must file an affidavit identifying his or her 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 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 the partners to visit gravely ill or injured employees,


· 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 differentials and 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 our inter-agency partners and host country governments to provide domestic partners with diplomatic visas, appropriate diplomatic and consular privileges and immunities, and authorization to work in the local economy abroad. 



We look forward to implementing these changes.

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Reader Comments
  • Name: Antonio
    Date posted: 5/27/2009 3:07:00 PM
    Hometown: Mexico

    Comment:

    I don't understand. My partner lives in the US working as a diplomatic. That's mean that I am able to get a work visa in the US? Who knows?

  • Name: suzy
    Date posted: 5/25/2009 2:17:00 PM
    Hometown: Austin, TX

    Comment:

    "a number of benefits" but maybe not all?--- What about Diplomats who have partners FROM foreign countries (not partenrs who are American citizens - the change seems silent on this)? Straight Diplomats who meet and marry foreigners can arrange for expedited US citizenship for their partners. I know gay Diplomats who have fallen in love with foreigners while serving abroad and had no real choice other than to leave the State Department and NOT return to the US in order to be with their partners. It seems that the welcomed changes will not help those in this very real and possible situation. Does anyone read it differently? I would be thrilled to be corrected as mistaken.

  • Name: Yerdna Bananes
    Date posted: 5/24/2009 11:11:00 AM
    Hometown: Moscow

    Comment:

    I hope that the time will come and even Russian MID (Foreign Office) would make a landmark decision on gay issue in the Russian Corps Diplomatique. Still now gays in the Russian MFA face hardships and even ordinary LGBT people in Russia are deprived of the fundamental right on freedom of self-expression and public meetings. The State says no to Gay in Russia.

  • Name: Ray
    Date posted: 5/24/2009 3:10:00 AM
    Hometown: Athens, TN

    Comment:

    Love doesn't discriminate based on sexual orientation nor does it honor national borders. This change will give LGBTs serving our country overseas family and life stability. I work in an Embassy as the person in charge of accreditation for our diplomatic staff. The country where I work denies visas to domestic partners who aren't officially recognized by the U.S. government regardless of whether they are same or opposite sex. This change will solve that problem. The Vienna Convention on Diplomatic Relations dictates to signatory countries (about 180) who they must diplomatically accredit based on whom, in our case, the U.S. says is a family member. Therefore, as long as the country receiving our LGBT couples has signed this treaty, they will have to recognize our partners once this policy takes effect. As a person who has suffered a real loss due to past discrimination by my own government, I say "thank you from the bottom of my heart" to Secretary Clinton and President Obama.

  • Name: Jason
    Date posted: 5/23/2009 4:05:00 PM
    Hometown: Brooklyn

    Comment:

    Hillary rocks, and if politics works the way we suspect it does, a little credit should go Obama's way too. This is likely Obama taking small steps behind the scenes, eliminating LGBT inequality within the federal government incrementally and even piecemeal. It may not be the way we'd like things to happen--a big sweeping change and an announcement to the world of equal rights would be nice--but politics is politics.

  • Name: staci
    Date posted: 5/23/2009 12:05:00 PM
    Hometown: Germany

    Comment:

    Hillary, YOU ROCK!!! But... What about the rest of us Federal employees who live overseas with our domestic partners? We could use many of the same benefits that will be given to the gay US diplomats. Help us too, Hillary.

  • Name: DARSI
    Date posted: 5/23/2009 4:43:00 AM
    Hometown: CHICAGO

    Comment:

    SEC. OF STATE IS THE BEST . MORE POWER TO HER . I LIKE PRESIDENT OBAMA ; BUT , I WISH IT WAS HER .

  • Name: Hannah
    Date posted: 5/23/2009 3:15:00 AM
    Hometown: Troon

    Comment:

    Sec. Clinton, I think I could kiss you (if it weren't for the armed escort). Thank you for speaking for the cause. Although I did, yes I admit it, vote Obama, and stand by that, I do not believe he is doing enough for LGBT issues. I know he's only been in for litle over the 100 days, but he's made progress elsewhere, whats with the lag on LGBT?

  • Name: Rob
    Date posted: 5/22/2009 7:49:00 PM
    Hometown: St. Louis

    Comment:

    Thank you Hillary! You have always been my choice for office, but I'll accept what we have to work with now. Now If you could just "nudge" Obama a little bit; maybe push a little harder for the repeal of DADT. This is something close to my heart.

  • Name: michalandfred
    Date posted: 5/22/2009 6:27:00 PM
    Hometown: miami beach

    Comment:

    It was always obvious who had the bigger pair of balls in the campaign. A real leader leads, even when it's difficult or unpopular. Thank you Hillary.



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