Monday, May 24, 2010

White House, DOD, LGBT Groups Endorse DADT Repeal Method

There is breaking news out of Washington that the White House and Defense Department have agreed to endorse an amendment to be added to this year's 2010 National Defense Authorization Act which would pass Congress this year and make progress towards repealing "Don't Ask, Don't Tell."

Peter Orszag, Director of the Office of Management and Budget sent a letter to Pennsylvania U.S. Representative Patrick Murphy which endorses his legislative strategy of attaching repeal language to the Defense Department authorization bill this week.

Here's the letter:
0524 Rep Murphy
The vote on legislative language would occur this year, but it's effect would be delayed beyond the December 1, 2010 release date of the Pentagon's report on the implications of letting openly gay and lesbian soldiers serve in the U.S. armed forces. Then, pending certification by The Commander-in-Chief, the Secretary of Defense and the Joint Chief of Staff that repeal would not negatively impact the military's ability to conduct it's primary mission, DADT repeal could proceed in 2011.

There are multiple press releases from LGBT organizations endorsing the demolition of the legislative roadblock to repeal.

Human Rights Campaign:
WASHINGTON – The ban on open military service by lesbian and gay Americans is on a path to repeal this week with the White House, Pentagon leaders and Congress outlining a process that includes votes in the House and Senate as early as Thursday. Legislation to repeal “Don’t Ask, Don’t Tell” will be considered as amendments to the National Defense Authorization bill – the same vehicle by which the law was enacted 17 years ago. The Obama administration endorsed the approach today in a letter to Congressional leaders from Office of Management and Budget Director Peter Orszag.

"We are on the brink of historic action to both strengthen our military and respect the service of lesbian and gay troops,” said Human Rights Campaign President Joe Solmonese. “Today’s announcement paves the path to fulfill the President’s call to end ‘Don’t Ask, Don’t Tell’ this year and puts us one step closer to removing this stain from the laws of our nation."

The proposal would allow Congress to vote to repeal the current DADT law now with implementation to follow upon completion of the Pentagon Working Group study due December 1, 2010. The President, the Secretary of Defense and the Chairman of the Joint Chiefs would need to certify that implementation policies and regulations are prepared and that they are consistent with standards for readiness, effectiveness, unit cohesion, recruiting and retention. The plan therefore addresses concerns expressed by the Pentagon that the implementation study process be respected.

“Without a repeal vote by Congress this year, the Pentagon’s hands are tied and the armed forces will be forced to continue adhering to the discriminatory ‘Don’t Ask, Don’t Tell’ law,” said Solmonese. “A solution has emerged: Congress needs to vote to repeal ‘Don’t Ask, Don’t Tell’ now.”

The leadership of Chairman Carl Levin, D-Mich., Sen. Joe Lieberman, I-Conn., and Rep. Patrick Murphy, D-Penn. along with the White House, has been critical to setting the stage for these votes.
Servicemembers United:
WASHINGTON, D.C. - Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, commended the announcement today that the administration will now support an amendment to the National Defense Authorization Act to repeal the "Don't Ask, Don't Tell" law this year. The proposed amendment would include a delayed implementation provision that would not allow repeal to take effect until the Pentagon's Comprehensive Review Working Group completed its nine-month implementation management study and until the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff certified that the military is ready to implement repeal smoothly.

"This announcement from the White House today is long awaited, much needed, and immensely helpful as we enter a critical phase of the battle to repeal the 'Don't Ask, Don't Tell' law," said Alexander Nicholson, Executive Director of Servicemembers United and a former U.S. Army interrogator who was discharged under "Don't Ask, Don't Tell." "We have been making the case to White House staff for more than a year now that delayed implementation is realistic, politically viable, and the only way to get the defense community on board with repeal, and we are glad to see the community and now the administration and defense leadership finally rally around this option."

The "Don't Ask, Don't Tell" law, passed in 1993 as part of the National Defense Authorization Act for Fiscal Year 1994, has resulted in the abrupt firing of more than 14,000 men and women because of their sexual orientation, and has led tens of thousands more to voluntarily terminate their careers because of the burden of serving under this outdated law. There are an estimated 66,000 gays, lesbians, and bisexuals currently serving in the U.S. military and an estimated 1 million gay, lesbian, and bisexual veterans of the U.S. armed forces.

For more information about Servicemembers United, please visit www.servicemembersunited.org. For the latest information on discharge numbers, polling, statistics, studies, and other archival and reference information related to the 'Don't Ask, Don't Tell' issue, please visit www.dadtarchive.org.
Servicemembers Legal Defense Network (SLDN):

“The White House announcement is a dramatic breakthrough in dismantling ‘Don’t Ask, Don’t Tell.’ The path forward crafted by the President, Department of Defense officials, and repeal leaders on Capitol Hill respects the ongoing work by the Pentagon on how to implement open service and allows for a vote this week. President Obama’s support and Secretary Gates’ buy-in should insure a winning vote, but we are not there yet. The votes still need to be worked and counted.

“If enacted this welcomed compromise will create a process for the President and the Pentagon to implement a new policy for lesbian and gay service members to serve our country openly, hopefully within a matter of a few months. This builds upon the support Defense Secretary Robert Gates and Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff, expressed for open service during the February hearing in the Senate, and further underscores that this Administration is committed to open service.

“We would not have reached this moment without the leadership and commitment of our allies on the Hill – Senators Joe Lieberman and Carl Levin, and Congressman Patrick Murphy; they all worked tirelessly to get us this far.

“For the upcoming votes in the House and Senate to succeed, it is critical that all proponents for full repeal weigh in now. The blogosphere and activists have been admirably pressing for full repeal this year and we are grateful for their help. Everyone in support of repeal needs to continue contacting their Members of Congress and ask for the vote.”
Looks encouraging so far. To me this process looks reasonable since it allows President Obama to say that he is following commitments that he has made to both constituencies here (military brass and DADT repeal activists).

I'm sure there are other LGBT activists who will not be happy that openly gay and lesbian servicemembers will not necessarily be able to start serving this year. I do think that a moratorium on kicking out openly LGB soldiers as well as a deletion of the military principle that "homosexuality is incompatible with military service" should be included in the language that Congress votes on, but as of right now, actual legislative language has not been released, but the vote in the U.S. Senate Armed Service Committed is Thursday May 27th.

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