DADT discriminates against minorities
The DoD released numbers that showed that 45% of DADT discharges in 2008 were nonwhite.
Military Gay Discharge Moratorium Bill A Non-Starter
New York Senator Kirsten Gillibrand has decided not to pursue a senate amendment that would pause military discharges based on sexual orientation, gay weekly the Washington Blade reported. Gillibrand, the freshman senator appointed by Governor David Paterson after President Obama tapped Hillary Clinton to head the State Department, signaled last week she would introduce the reform as an amendment to a Defense Department reauthorization bill. The amendment would place an 18-month moratorium on the military gay ban, also known as “don’t ask, don’t tell,” the law that prescribes discharge for gay and lesbian service members who do not remain celibate or closeted.
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Forced into closet by nation they serve
Wednesday in Annapolis, the United States Naval Academy welcomed the most racially and ethnically diverse class in its history: 14 percent Hispanic, 10 percent African-American – and perhaps 2 percent to 3 percent homosexual. I added that last part. No one knows how many plebes are gay or lesbian, but studies have placed the percentage of homosexual men and women serving this nation’s military in that range, with some 65,000 said to be on active duty. It’s a fairly safe assumption that a small percentage of plebes will have to keep their sexuality a secret if they want to graduate from the academy and, after that, fulfill their obligations to the country.
That’s what “Don’t Ask, Don’t Tell” demands.
It forces men and women serving the nation to lie about their sexual orientation or risk discharge. An estimated 13,000 men and women have been discharged under Don’t Ask in the 16 years since the law took effect. The Servicemembers Legal Defense Network says 277 of the discharges have occurred since Barack Obama became president. As a candidate, Mr. Obama pledged to end Don’t Ask. Last week, the he reiterated his support for eventual repeal of the law by Congress.
Skip Muller was a midshipman at the Naval Academy at the start of the Don’t Ask era. Prior to entering the academy, he had studied Russian at the Defense Language Institute in California.
“As an 18-year-old I struggled to understand my own sexuality, while all around me I saw people actively targeted, investigated and ejected from the military because they were homosexual,” Mr. Mullen writes on the Web site of USNAOut, an organization of gay Naval Academy alumni. “I forced myself to date women and live the lie that consumed and exhausted me for years to come.”
After graduating from the academy in 1996, Mr. Muller served two tours aboard destroyers, the second cut short by honorable discharge under Don’t Ask. See
Forced into closet by nation they serve
Baltimore Sun -
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Gates Plan May Be Beginning of the End of ‘Don’t Ask, Don’t Tell’
SANTA BARBARA, Calif. — In the wake of yesterday’s unexpected Pentagon announcement about gays in the military, experts say the “don’t ask, don’t tell” policy may be on the brink of irreversible change that would speed up its demise. After speaking with President Obama last week, Defense Secretary Robert Gates has asked military lawyers to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The President Monday reiterated his intention to end discrimination against gay troops, saying he is working with Congress and the military to do so.
Christopher Neff, political director of the Palm Center, said the remarks by Secretary Gates marked the first time the Defense Secretary has made clear that the Pentagon is onboard with the President’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that hasn’t been penetrated for fifteen years,” Neff said. “This is a crack in humpty dumpty, and it gets the ball rolling for a political solution since it gives cover to lawmakers who have been waiting for a nod from the Pentagon.”
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House Dems urge Obama to halt gay discharges from the military
WASHINGTON _ In the most vocal plea for the White House to take the lead in allowing gays to serve openly in the military, 76 Democratic lawmakers today urged President Obama to use his executive powers to order a halt to military discharges under the controversial “Don’t Ask, Don’t Tell” law and work aggressively with Congress to pass new legislation to overturn what they describe as a discriminatory policy that harms national security.
“We urge you to exercise the maximum discretion legally possible in administering Don’t Ask, Don’t Tell until Congress repeals the law,” states the letter, organized by Rep. Alcee Hastings, a Democrat of California. “To this end, we ask that you direct the Armed Services not to initiate any investigation of service personnel to determine their sexual orientation, and that you instruct them to disregard third party accusations that do not allege violations of the Uniform Code of Military Justice.”
A recent study by the Palm Center, a public policy think tank at the University of California, Santa Barbara, argued that Obama has the authority as commander-in-chief to suspend the gay discharge process through an executive order.
See House Dems urge Obama to halt gay discharges from the military
Boston Globe
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Senator Harry Reid Says Obama Should Sign Order on Gay Troops, SLDN Also Joins Call for Executive Option
SANTA BARBARA, CA — Senate Majority Leader Harry Reid has called on President Obama to sign an executive order suspending the “don’t ask, don’t tell” policy, according to the Advocate magazine.
Referring to the repeal of the ban, Reid told Advocate reporter Kerry Eleveld that, “My hope is that it can be done administratively.” Eleveld added that, “A Democratic aide later clarified that Reid was speaking about the possibility of using an executive order to suspend discharges or perhaps halting enforcement of the policy by changing departmental regulations within the Department of Defense.”
As well, the Servicemembers Legal Defense Network (SLDN) has called on President Obama to sign an executive order. In a letter to the New York Times yesterday, SLDN Executive Director Aubrey Sarvis wrote that, “President Obama should consider all viable options he can take on his own to get rid of this discriminatory law, including issuing a ‘stop-loss’ order.” For more than a decade, SLDN has been the largest and most influential group in the country working on the “don’t ask, don’t tell” policy.
The idea of ending the ban by executive order gained momentum after the release last month of a Palm Center study showing that the president has the authority to suspend “don’t ask, don’t tell” via a stroke of the pen. Before that time, many argued that only Congress or the courts could lift the ban on service by openly gay troops.
Others calling for the President to sign an executive order include the New York Times editorial page, the Human Rights Campaign, Knights Out, an organization of gay and lesbian alumni of the U.S. Military Academy at West Point, Los Angeles Gay and Lesbian Center CEO Lorri Jean, and former Clinton White House official Richard Socarides.
Palm Center Director Aaron Belkin said that awareness of the executive option has changed the conversation about “don’t ask, don’t tell” substantially. “Obama used to duck the issue by blaming Congress for the inertia. Now it’s clear that he has unilateral authority to fulfill his campaign promise.”
The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.
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Pentagon to continue DADT discharges
(Washington) President Barack Obama’s top military adviser says the Pentagon has enough challenges – including two wars – without rushing to overturn a decade-old policy that bans gays and lesbians from serving openly in the military and incites political and social factions on both sides.
Adm. Michael Mullen, chairman of the …
Gays being kicked out of military at steady rate
WASHINGTON — A steady number of troops are being discharged from the US military for being gay, according to the latest Pentagon statistics, which show that 619 troops were kicked out last year under the controversial “don’t ask, don’t tell” policy that bars homosexuals from serving openly in the ranks.
The figures, which are on par with the previous four years, are bound to spark a new outcry from gay rights advocates who have grown frustrated with President Obama’s unwillingness so far to take steps to lift the ban, despite a campaign pledge to do so.
Of the discharges for the fiscal year that ended September 30, 410 were male and 209 were female, according to the figures obtained by the Globe from Pentagon personnel officials. That compares with a total of 627 discharges in fiscal year 2007; 612 in 2006; 726 in 2005; and 653 in 2004.
The new statistics come to light as the Obama administration comes under growing pressure to use his executive powers to place a moratorium on the discharges while he lobbies Congress to overturn the controversial 1993 law — which was enacted as a compromise after then-President Bill Clinton set off a mutiny when he tried to allow gays to serve openly in uniform.
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Gays being kicked out of military at steady rate
WASHINGTON — A steady number of troops are being discharged from the US military for being gay, according to the latest Pentagon statistics, which show that 619 troops were kicked out last year under the controversial “don’t ask, don’t tell” policy that bars homosexuals from serving openly in the ranks.
The figures, which are on par with the previous four years, are bound to spark a new outcry from gay rights advocates who have grown frustrated with President Obama’s unwillingness so far to take steps to lift the ban, despite a campaign pledge to do so.
Of the discharges for the fiscal year that ended September 30, 410 were male and 209 were female, according to the figures obtained by the Globe from Pentagon personnel officials. That compares with a total of 627 discharges in fiscal year 2007; 612 in 2006; 726 in 2005; and 653 in 2004.
The new statistics come to light as the Obama administration comes under growing pressure to use his executive powers to place a moratorium on the discharges while he lobbies Congress to overturn the controversial 1993 law — which was enacted as a compromise after then-President Bill Clinton set off a mutiny when he tried to allow gays to serve openly in uniform.
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New Study Says Obama Can Halt Gay Discharges With Executive Order
Military Law Experts Chart Course to End 16-Year Ban
SANTA BARBARA, Calif. — A study released today by a team of military law experts shows that the president has the legal authority to end gay discharges with a single order. The idea of ending the ban by executive order has gained momentum in the wake of news that mission-critical personnel, including Arabic language speaker Dan Choi, continue to be fired under the Obama administration because they’re gay. Congressman Rush Holt endorsed an executive order to end the ban on Saturday and National Security Adviser James Jones was asked about it by George Stephanopoulos on Sunday morning. The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” is sponsored by the Palm Center at the University of California, Santa Barbara.
Many have argued that only Congress can lift the ban on service by openly gay troops. But according to the study, Congressional approval is not needed. Dr. Aaron Belkin, Director of the Palm Center and a study co-author, said “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House. This study provides a recipe for breaking through the political deadlock, as well as a roadmap for military leaders once the civilians give the green light.”
There are three legal bases to the president’s authority, the report says. First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under 10 U.S.C. 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.” Under the law, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”
The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.” Finally, the law calls for the discharge of service members if a finding of homosexuality is made, but it does not require that such a finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”
Diane H. Mazur, Professor of Law at the University of Florida College of Law and another study co-author, said the presidential authority to stop firing gay troops, known as “stop-loss,” is different from the highly unpopular stop-loss policy that the Army recently announced it would phase out. “That use of stop-loss forcibly extends service by those who wish to leave the military,” she said, “whereas suspending discharges for homosexuality would do the opposite: allow ongoing service by those who wish to remain in uniform.” The study says the provisions of the stop-loss law, which are granted by Congress, are “sensible because they give the President authority to suspend laws relating to separation when a national emergency has strained personnel requirements.”
The other four authors of the study in addition to Mazur and Belkin are Dr. Nathaniel Frank, a Palm researcher and author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America”; Dr. Gregory M. Herek, Professor of Psychology at the University of California, Davis; Dr. Elizabeth L. Hillman, Professor of Law at the University of California Hastings College of the Law; and Bridget J. Wilson, who practices law at Rosenstein Wilson & Dean in San Diego. The report will also be published in a forthcoming book, “Department of Defense Social Policy Perspectives 2010,” edited by James Parco, David Levy and Fred Blass.
The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu * Tags = gay men gay news lesbian news transgender bisexual
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