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FOIA Number: 2015-0017-F FOIA MARKER This is not a textual record. This is used as an administrative marker by the William J. Clinton Presidential Library Staff. Collection/Record Group: Clinton Presidential Records Subgroup/Office of Origin: Chief of Staff Series/Staff Member: George Stephanopoulos Subseries: OA/ID Number: 8028 FolderID: Folder Title: Homosexual issues Stack: Row: Section: Shelf: Position: S 22 2 9 3 Withdrawal/Redaction Sheet Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. fax To: Laura Capps; From: Clinton / Gore 96 Office of Lesbian and Gay 10/03/1996 Personal Misfile Outreach; Re: Debate Talking Points - Gay and Lesbian Issues (5 pages) 002. memo To: Harold Ickes; From: Richard Socarides; Re: Human Rights 09/17/1996 Personal Misfile Campaign poll (38 pages) COLLECTION: Clinton Presidential Records Chief of Staff Stephanopoulos, George OA/Box Number: 8028 FOLDER TITLE: Homosexual Issues 2015-0017-F sb1236 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] PI National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA| b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information |(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA| b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA| C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. THE WHITE HOUSE and WASHINGTON OFFICE OF GEORGE STEPHANOPOULOS SENIOR ADVISOR TO THE PRESIDENT TEL. 202-456-7128 FAX. 202-456-2883 (716) 357- 9397 TO: Adam 353577 Pls! giveto GRORGE FROM: COMMENTS: Gaylushian T. Pts. DATE: NUMBER OF PAGES: 6 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. fax To: Laura Capps; From: Clinton / Gore 96 Office of Lesbian and Gay 10/03/1996 Personal Misfile Outreach; Re: Debate Talking Points - Gay and Lesbian Issues (5 pages) COLLECTION: Clinton Presidential Records Chief of Staff Stephanopoulos, George OA/Box Number: 8028 FOLDER TITLE: Homosexual Issues 2015-0017-F sb1236 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA| b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information |(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions {(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. October 3, 1996 TO: Carol Rasco Don Baer George Stephanopoulos Janet Crist Rahm Emanuel Kathleen Wallman Greg Simon Todd Stern FROM: Jeremy Ben-Ami RE: Letter to FCC re Liquor Advertising Attached is a draft letter from the President to Chairman Hundt of the FCC asking him to act on the issue of liquor advertising on TV. MADD is issuing a press release calling on the President to act. They are holding the release till tomorrow so that we can have this letter out. The FCC is aware of the letter and its contents as is MADD. They are both supportive. We need to get this signed and out tomorrow morning, so I need to get your comments by cob TODAY (Thursday). Thanks. Call with questions - 6-5584. cc: Bruce Reed Dennis Burke The Honorable Reed E. Hundt Chairman, Federal Communications Commission 1919 M Street, N.W., Suite 814 Washington, D.C. 20554 Dear Chairman Hundt: I write to ask your assistance in addressing a new and emerging challenge to parents struggling to raise safe, healthy children: the decision by manufacturers of hard liquor to begin advertising on television. For half a century, liquor companies have voluntarily refrained from such advertising. They understood that such ads could reach children inappropriately and encourage them to drink before it was legal or advisable for them to do so. These companies have been good corporate citizens for as long as there has been television; they knew a voluntary ban was the right thing to do and they lived by it. Now, at least one major company has broken ranks and started putting liquor ads on TV. I was greatly disappointed by this decision, and I now understand that this advertising may commence nationwide. I have previously expressed my dismay at this action and called on the liquor industry to pull their ads and return to their long-standing decision to live by the ban. I firmly believe that we have a national obligation to act strongly to protect our children from threats to their health and safety. That's why I have fought so strongly to impose appropriate regulations on the sale and distribution of cigarrettes and smokeless tobacco and tobacco advertising that appeals to adolescents, to ensure that our schools and children are safe and drug-free, and to combat gangs and violence afflicting our youth. I urge the Federal Communications Commission to take all appropriate actions to explore what effects might ensue if the liquour industry abandons its long-standing voluntary ban on television advertising. What is the likely impact on underage drinking? In particular, I believe the Commission should examine whether restrictions on such advertising during certain time periods might be appropriate if a link between the advertising and underage drinking is established. We have made tremendous progress in recent years reducing the incidence of alcohol- related deaths among our youth. We have taken important steps including the increase in the drinking age to 21 and the passage of zero tolerance legislation for underage drinking and driving. But there is more to be done. Too many of our young people are dying in alcohol- related car crashes, and too many young people are starting to drink at an early age, leading to alcohol and other substance abuse problems. We do not need to increase the temptations and the risks that our young people face by unnecessarily exposing them to advertising for products it is illegal for them to purchase and use. I would appreciate your help and the help of the Commission in exploring possible actions you could take to support our parents and children in this area. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 002. memo To: Harold Ickes; From: Richard Socarides; Re: Human Rights 09/17/1996 Personal Misfile Campaign poll (38 pages) COLLECTION: Clinton Presidential Records Chief of Staff Stephanopoulos, George OA/Box Number: 8028 FOLDER TITLE: Homosexual Issues 2015-0017-F sb1236 RESTRICTION CODES Presidential Records Act |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA| b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA| b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRA| h(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA) b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA} RR. Document will be reviewed upon request. HUMAN RIGHTS CAMPAIGN TO: George Stephanopoulos FROM: ATTN: TO: FAX PHONE#: 202. 456. 2883 TIME: 04/22/96 22: 22: 01 JOB NUMBER: 26980954-007-2-0001 7 PAGES INCLUDING COVER SHEET WORKING FOR GAY AND LESBIAN EQUAL RIGHTS. 1101 14th Street NW, Suite 200 Washington, D.C. 20005 phone (202) 628 4160 fax (202) 347 5323 [email protected] SENT BY: 4-22-96 :11:15AM : HRC- VIA XPEDITE:# 2/7 Congress of the United States Mashington, DC 20515 April 19, 1996 Honorable Bob Livingston Chairman Committee on Appropriations H218 The Capitol Washington, D.C. 20515 Dear Mr. Chairman: The conference committee on the Omnibus Appropriations bill (H.R. 3019) is considering a Senate-passed provision that would repeal recently enacted legislation requiring the dismissal of all HIV-positive military personnel no later than August 31, 1996, or six months after they are found to be HIV positive. We urge you to retain the Senate-passed language in the final conference report. The military has procedures in place to deal with members of the service who test positive for the AIDS virus. There is no rational basis for dismissing otherwise healthy servicemen and women simply because they have a stigmatized medical condition. Longstanding military policy has been to retain members of the services with conditions that may restrict their deployability but not their capacity to perform their valuable jobs. This includes service members with cancer, heart disease, asthma and diabetes, for example. The basis of this policy is that there are ample opportunities to station such individuals where their talents and skills can make important contributions to the Armed Forces. After a substantial investment in recruiting and training these individuals, it would be extremely wasteful to mandate their discharge when they remain capable of providing productive military service. Additionally, the number of HIV- positive service members affected by this discharge mandate is minuscule: only 1,049 individuals out of 1.4 million total. Some 20 percent of these 1,049 people are officers. About half of them are married. On average, they have served for a decade. We understand there is a proposal under consideration to delay the effective date of these mandatory separations until December 31, 1996. We urge you to reject this proposal as well. It serves DO useful purpose since further study is not necessary. The military and civilian leaders of the armed forces are united in their opposition to the discharge measure. The repeal effort has the support of Joint Chiefs of Staff Chairman General John Shalikashvili, Secretary of Defense William Perry, Secretary of Veterans Affairs Jesse Brown. the Veterans of Foreign Wars, the Disabled American Veterans and the Air Force Association. General Shalikashvili and Secretary Perry have called the discharge provision unwarranted and "unnecessary as a matter of sound military policy." The policy of retaining able-bodied HIV-positive service members was developed during the Reagan Administration. upon recommendation of the Joint Chiefs of Staff. It has been sustained by Republican and Democratic administrations since and during Republican and Democratic Congresses. SENT BY: 4-22-96 :11:16AM : HRC- VIA XPEDITE:# 3/7 We urge you to sustain the Senate provision and provide for the immediate repeal of the mandatory separation policy. Discharging these service members would be wasteful, unfair and contrary to the professional recommendations of the leadership of the armed forces. Sam Jim Kolbe United States Congressman United States Congressman SENT BY: 4-22-96 :11:16AM : HRC- VIA XPEDITE:# Barry Goldwater P.O. BOX 1601 SCOTTSDALE ARZONA 05252 April 12, 1996 Dear Republican Appropriations Conferee: I am writing to Republican conferees because I believe you have a unique political opportunity - a chance to undo a serious mistake before our party pays a heavy price. Our Republican majority in Congress was elected to balance the budget and right the wrongs of 40 years of Democratic rule. Our revolution is about creating hope and opportunity and a better future for our children and grandchildren. It is not about throwing 1,049 patriotic Americans out of the armed forces because they happen to be HIV positive. That kind of senseless sideshow only distracts our attention and reduces our credibility. The Chairman of the Joint Chiefs of Staff has stated that there is no valid military rationale for forcing the Defense Department to discharge all service members with HIV. in fact, the entire Pentagon leadership opposes this policy change and has testified before the Senate Armed Services Committee in favor of its repeal. I was Chairman of the Senate Armed Services Committee when President Reagan and Defense Secretary Weinberger put the old policy in place. Their policy was simple and quite Republican: treat individuals fairly and use limited resources wisely. Their policy now has a 10-year proven track-record of success. If it isn't broken, don't break it. The Senate, under the able leadership of our Presidential nominee Bob Dole, adopted an amendment to the Omnibus Appropriations Act repealing this misguided policy change. Republican conferees should now close ranks and get the job done. I understand that some are proposing to simply change the date of this mass discharge from summer time to Christmas time. That's a hell of a Christmas present. This so-called "compromise" is supposedly designed to give the authorizing committee an opportunity to act. In fact, even without this delay, the Armed Services Committee retains the authority to deal with this or any other issue in its 1997 Authorization bill - just as it did in the 1996 bill. OFFICE PHONE 808 999-1754 FAX 602 4839255 SENT BY: 4-22-96 :11:16AM : HRC- VIA XPEDITE But for Republicans, one additional reality remains clear - this blunder will dog our party until it's repealed once and for all. We will see this repeal amendment offered again and again. And the closer we get to the conventions and the fall campaign, the worse it will get. So far, we have escaped with limited Democratic party demagoguery. We need to get out - - not push our luck. The Senate has given our party a viable exit strategy - - I say take it - before the November election is the real casualty. I am enclosing an article I wrote about this issue last month, and I hope you will find it persuasive. Sincerely, Barry Seldwetz Barry Goldwater SENT BY: 4-22-96 :11:16AM : HRC- VIA XPEDITE:# WASHINGTON EDITION Southern Los Angeles Times Tuesday California's March 19 Newspaper 1996 CIRCULATION: PAILY $1.00 1,457,583 SUNDAY TIMES MIRKOR COMPANY AN EDITION or THE LOS ANGELES TIMES Zealots Are Derailing the Revolution members of the armed forces That's why Gen. John M. Shalikashvili, What does discharging with HIV. The bill has already chairman of the Joint Chiefs of Staff. has HIV-infected soldiers been signed into law, but this called for the repeal of this policy misguided rider should be change. As the general says: "Discharg- possibly have to do with repealed-and soon. ing service members deemed fit for duty the rebirth of American I was chairman of the Senate would waste the government's invest- Armed Services Committee ment in the training of these individuals values? when Ronald Reagan and and be disruptive to the military pro- then-Secretary of State Cas- grams in which they play an integral By BARRY GOLDWATER par W. Weinberger put the role." He's right. current policy in place. I don't A bill now pending in Congress would J ust two years ago, we celebrated the recall anyone questioning their conser- return the policy to the sensible historic Republican takeover of Con- vative credentials. In fact, their policy approach of Ronald Reagan and has the gress. Now a few right-wing fanatics was quite Republican: Treat individuals endorsement of a majority of senators. are trying to wreck the revolution. fairly and use limited resources wisely. Sen. John.MoCain (R-Ariz.) strong The Republican majority was elected Their policy has a 10-ycar proven track supporter of this action. as is Sen. Sam to balance the budget and right the record of success. Nunn (D-Ga.). They are military wrongs of 40 years of Democratic rule. The purported reason behind the Dor- experts, and they know a had idea when This revolution was about creating hope nan amendment is to protect the battle- they see one. and opportunity for our children and field blood supply. That's ridiculous. This policy is a train wreck in the grandchildren. Under the Reagan policy, service mem- making, and the sooner it is repealed the True conservatives have tried to stay hers with HIV or any other illness are not better. For those who support military the course and remain focused on these assigned to battlefield units. Serving readiness, repeal is the answer. For those popular American idcals. Unfortunately. your country isn't about where you're who support fundamental fairness, there are detractors in our ranks. Their sent, but about what you give. repcal is the answer. And for those who latest victims: 1,049 patriotic Americans These service members may not have want to keep the Republican revolution ably serving in the military who happen Hone to Iraq or Haiti or Bosnia, but on from being hijacked by extremists, repeal to be HIV positive. almost every base on American soll their is the answer. When these men and women enlisted expertise is helping make America We need to bring more people into our in our armed forces. they knew the dan- stronger. Service members with IIIV party, not drive them away. This sense- gers they faced. But of all the risks they pull their weight. do their job and less HIV policy wasn't part of the "con- assumed, they never thought they'd fall deserve our support, not a discharge. tract with America." victim to an ambush by their own gov- I served in the Air Force, and I'd think Let's repeal this turkey and get back to ernment. After years of dedicated ser- twice before dumping a skilled soldier for the revolution. vice, that's exactly what's happened. a rookie. Experience counts. Training Last month, Rep. Robert K. Dornan matters. Barry Coldwater represented Arizona (R-Garden Grove) planted a legislative Most of the 1.049 military personnel in the U.S. Senate from 1953 to 1965 and land mine in the annual defense bill. His with HIV have served for 10 to 15 years from 1969 to 1987. He was the GOP presi- provision requires the discharge of all or more and have a wealth of knowledge. dential candidate in 1964. SENT BY: 4-22-96 :11:17AM : HRC- VIA XPEDITE:# (Sent to House and Senate Conferees on HR 3019) April 19, 1996 The Honorable Thad Cochran 326 Russell Senate Office Building Washington, DC 20510 Dear Senator Cochran: The undersigned organizations urge you to support the Senate amendment to HR 3019, thereby repealing Section 567 of PL 104- 106, which requires the separation and discharge from the armed forces of any member who is HIV positive. As health care and disability organizations, we have long advocated that Congress rely on scientific information to develop policy to support health care for all citizens. We are unaware of any such medical evidence which would support Section 567. Until PL 104-106 was enacted, military personnel who tested HIV positive were treated like other non-worldwide deployable members who have chronic illnesses including multiple sclerosis, diabetes, asthma, heart disease, cancer or pregnancy. These men and women were allowed to perform their regular military duties until their chronic illnesses or disabilities made it impossible. At that time they were discharged from the military. Section 567 singles out only members who are HIV positive and requires their discharge regardless of their ability to perform their duties. Further, this policy change is not supported by Secretary of Defense Perry or Joint Chiefs of Staff Chairman General Shalikashvili. In a joint statement, they opposed this action referring to it as "unwarranted and unwise." They believe that Section 567 "violates a standard traditionally used by the services for retention and thus undermines a fair policy of evaluating retention on medical and service issues on an individual basis." We urge you to overturn Section 567 of PL 104-106 because it unfairly discriminates against members who are HIV positive. In addition, there is neither medical evidence nor support from the Defense Department for such a policy change. Respectfully, American Academy of Physicians Assistants American Dental Association American Medical Association American Nurses Association American Occupational Therapy Association American Podiatric Medical Association American Speech-Hearing-Language Association HUMAN RIGHTS CAMPAIGN TO: George Stephanopolous FROM: The Human Rights Camaign Political Department ATTN: TO: FAX PHONE#: 202. 456. 6527 TIME: 04/25/96 12: 01:53 JOB NUMBER: 27190477-007-41-0008 2 PAGES INCLUDING COVER SHEET WORKING FOR GAY AND LESBIAN EQUAL RIGHTS. 1101 14th Street NW, Suite 200 Washington, D.C. 20005 phone (202) 628 4160 fax (202) 347 5323 [email protected] B1 The Metro Section THURSDAY, APRIL 25, 1996 The New York Times national gay rights organization Mandate That H.I. V. Troops Be Discharged Is Set for Repeal members, long before AIDS symp "The Senate and the House have toms develop. spoken on this issue, Service mem- Mr. Doman's move to discharge bers with chronic conditions, wheth By PHILIP SHENON provision comes only two months publican. Mr. Dornan vowed today to formed leadership atike denounced Infected service members was er H.I.V. or cancer, should be permit- WASHINGTON, April 24 - Can- after it was enacted and Is a victory revive it in the bill authorizing de- It, noting that H.I.V.-positive service roundly denounced by lawmakers of led to stay in the military for as long gressional leaders agreed today to for more than 1,000 service members fense spending for the 1997 fiscal members were performing admira- both parties. But as a member of the as they can and perform the duties repeal legislation that would have with the virus, who, although certi- year. bly throughout the military. They that they have honorably chosen to House National Security Committee, forced the Defense Department to fied by their doctors and the Defense "Ill will be reistroduced tomor- rejected Mr. Dernan's contention perform." he was able to make the prevision members of the military who Department as fit for duty, were row," he said, placing blame for the that a relative handful of troops with The repeal upholds Defense De- Eaw by inserting It into the defense ve for H.I.V., the virus facing discharge later this year. repeal on "weak leadership" among H.I.V. were compromising combat partment policy in which service authorization bill that President that AIDS. The fight for repeal was led by Republicans in Congress, in particu- readiness. members infected with the virus who Clinton signed in February. The legislators said they had in- Senator Mark O. Harfield, the Oregon lar that of Senator Hatfield. "My There was rejoicing today among remain fit are allowed to stay DD cluded the repeal, which the White Republican who is chairman of the leadership is getting rolled on this," gay and lesbian rights groups, which The President said that despite his active duty in the United States - and the Pentagon had request- Senate Appropriations Committee. Mr. Dornan said. "The homosexual had seen the Doraan provision as an opposition to the discharge provision, although not overseas, where the ed, in a major budget bill that will "We have succeeded," Mr. Hatfleld lobby is what drives the Senate, com- especially mean-spirited attack on monitoring of their condition might larger concerns for national security be forwarded to the House and said today. "It's not just that we were bined with a dose of misunderstood the rights of-homesexuals and others not be as effective. meant that be had NO choice but to the Senate. The bill, which would It's that It's the right thing LO do." mercy." carrying the virus. It takes an average of 10 years for sign the $245 billion authorization provide financing for many Federal The discharge provision, part of The Dornan provision required "This is a tremendous victory for a person infected with the virus to bill. He described the provision as agencies for the rest of the liscal the 1996 deliense authorization bill, that members of the military who service members and their families, become disabled with AIDS, and, be unconstitutional and urged that Coe- is expected to pass easily in enacted In February, was sponsored tested positive for the virus be dis- and for fairness," said Winnte Sta- cause the military performs regular gress repeal it, and that is what houses by Representative Robert K. Dor. charged within six mouths. The De- chelberg. a lobbyist on Capital Hill blood tests, the virus Is almost at Congressional leaders moved to do The decision to repeal the R.I.V. nan, a conservative California Re- fense Department's civillan and uni- for the Human Rights Campaign, a ways detected early among service today. for Thank you your support THE PRESIDENT HAS SEEN 1.96 March 26, 1996 MEMORANDUM FOR THE PRESIDENT 96 MAR 29 P6: 42 FROM: Marsha Scott Re: Gay and Lesbian Political Issues from the week of 3/25/96 We continue to hear individual cases of alleged violations of the "Don't Ask/Don't Tell" policy. We're working successfully with DoD to track down each case that's brought to our attention, but it's clear that strong focus on the implementation of this policy through training in the field may be needed. As part of the restructuring of HHS, the Office of HIV/AIDS Policy (which is to HHS what the National AIDS Policy Office is to you) was moved from the Office of the Assistant Secretary for Health (an office which is being abolished) to the Immediate Office of the Secretary. However, while there was no cut in this office's budget, there was no specific line-item in the budget either. This caused concern in the GL community, particularly among the AIDS activists, that the Administration was backpedalling on its commitment to AIDS research. We worked with HHS and OMB to have language inserted into the errata sheet which clearly states our continued commitment to this office. A number of positive developments are taking place in the fight against AIDS. We need to do a better job politically to communicate this message. Gov. Romer vetoed Colorado legislation prohibiting same-sex marriages. This issue threatens to be explosive and divisive. The timing is very bad for this issue, and while most gays and lesbians think that the timing on this issue is horrible, there is potential for real anger and frustration if we don't handle this sensitively. Unlike Gays in the Military, this is an issue that has a direct, personal impact on every gay and lesbian. As you know, we are working on language for you that is compassionate but which also indicates that this is not a federal issue. The Supreme Court is expected to issue its decision on the Colorado Case soon. This decision will refocus attention on our decision against filing an amicus briefing, so we are carefully crafting language now in preparation. I went to Boston on Sunday with John Kerry, Barney Frank and Gerry Studds. We had a number of meetings and the reactions were very positive. This community is watching very closely, and there will always be those who complain that you're not doing enough, but there is a growing understanding amongst many of the grassroots leaders of how important this Administration has been for gay and lesbian issues. DRAFT DETERMINED TO BE AN THE WHITE HOUSE ADMINISTRATIVE MARKING WASHINGTON INITIALS: SDB DATE: 8/2/16 2015-0017-F March 13, 1996 MEMORANDUM FOR THE PRESIDENT FROM: BOB J. NASH, Director of Presidential Personnel RE: ANDREW S. EFFRON, NOMINEE TO THE U.S. COURT OF APPEALS FOR THE ARMED FORCES OVERVIEW: You recently signed off on a decision memo recommending Andrew S. Effron for the U.S. Court of Appeals for the Armed Forces. (memo attached) Mr. Effron is currently being vetted by the FBI; however, a situation has developed which will impact his confirmation. The purpose of this memorandum is to detail the facts for your information and possible action. BACKGROUND: After the death of Judge Robert E. Wiss, Deputy Attorney General Jamie Gorelick and Department of Defense General Counsel Judy Miller initiated the process to select a nominee to fill the vacancy on the U.S. Court of Appeals for the Armed Forces. The standard process for selecting federal judges was followed (i.e. a screening panel, ranking of nominees, and making a final recommendation to White House Counsel); however White House Counsel informed Mr. Gorelick and Ms. Miller that appointments to this particular court would not follow the same appointment process as that of a federal judgeship, and that the recommendation should instead go through Presidential Personnel to the POTUS. After this issue had been cleared up, my staff began its active participation and I submitted the recommendation from the Pentagon for your approval. Once the FBI began the background investigation on Mr. Effron and his potential nomination was leaked out, PPO learned of several problems possibly arising from Effron's potential nomination. DISCUSSION: In Effron's role as Majority Counsel to Senator Nunn--then-Chair of the Senate Armed Services Committee--he was viewed by the Gay and Lesbian community as the chief architect of Senator Nunn's "Gays in the Military" policy. Marcia Scott has received numerous calls from our supporters in the Gay community who are displeased with Mr. Effron's potential PRIVATE E' CONFIDENTIAL nomination and are threatening to make his confirmation difficult. Other pertinent facts of which you should be made aware: 1) Deputy Attorney General Jamie Gorelick is very committed to this nomination going forward; 2) Senator Nunn called Secretary Perry and expressed his strong support for Andy Effron. According to Margie Sullivan of Secretary Perry's office, the military establishment is very supportive of Mr. Effron and they want him to be nominated. We have not spoken with Nunn about the problems concerning Mr. Effron's potential nomination; however, we believe he will press the White House to continue with this nomination. 3) The F.B.I. background investigation on Mr. Effron should be completed within 2-3 weeks. 4) Judy Miller, General Counsel at the Pentagon, provided information which indicates that this judgeship would have little to nothing to do with "status" cases involving Gays in the military. Broadly speaking, the U.S. Court of Appeals for the Armed Forces has jurisdiction over criminal appeals involving conviction of military personnel at court martial. Our goal is to ensure that the final decision has no negative consequences for you and your Administration from the Gay or military communities. RECOMMENDATIONS: Move forward with Andy Effron provided he clears his F.B.I. background investigation; Have Marsha and other friends from the Hill explain to the Gay community that this judgeship will have little to do with Gays in the military. Have Senator Nunn explain that Mr. Effron's work was in response to direction from him--not the result of a philosophical orientation against Gays. PRIVATE 3/ COMFIDENTIAL