UPDATE: Hutchison to vote against DADT repeal because ‘FORMER leaders’ of military oppose it

Sen. Kay Bailey Hutchison.

Texas Republican Sen. Kay Bailey Hutchison’s office sent over the following statement this afternoon in response to our inquiry about her position on a standalone measure to repeal “don’t ask don’t tell.”

“I will not support a repeal of the ‘Don’t Ask, Don’t Tell’ policy,” Hutchison said. “After speaking with military personnel and former leaders of our armed services, I remain very concerned about how repealing this policy could negatively impact unit cohesion and overall troop readiness — especially during a time of war.”

It’s interesting that Hutchison doesn’t identify the “military personnel” or “former leaders” with whom she claims to have spoken. We know, for example, that she’s repeatedly refused to meet with Dave Guy-Gainer, a retired Air Force chief master sergeant who lives in Tarrant County. According to a recently released Pentagon study, the “military personnel” who spoke to Hutchison are in the minority. Furthermore, why would she speak with “former leaders of our armed services” instead of current ones? The top two current military leaders, Defense Secretary Robert Gates and Joint Chiefs Chairman Mike Mullen, both support DADT repeal. And all of the current service chiefs say repeal would be no problem.

So can someone please explain WTF she’s talking about?

UPDATE: Maybe she’s been spending too much time with homophobic Marine Commandant Gen. James Amos.

—  John Wright

Pentagon Attorney: DADT Repeal is Possible

PENTAGON MILITARY ARMY SOLDIERS X390 (GETTY) | ADVOCATE.COMJeh C. Johnson, the Defense Department’s general counsel and co-author of the Pentagon’s repeal study, says that despite pushback on repeal of “don’t ask, don’t tell” from some lawmakers and military leaders, history shows that “the predictions about what is going to happen overestimate the negative consequences.” 
Advocate.com: Daily News

—  admin

Military leaders urge Senate committee to pass DADT repeal

Most Republicans on Armed Services Committee appear resistant to passing DOD authorization that includes repeal of anti-gay ban in place since 1993

Lisa Keen  |  lisakeen@mac.com

Sen. John McClain and Sen. Susan Collins

The Pentagon’s top four leaders stood their ground Thursday, Dec. 2, during the Senate Armed Services Committee hearing on the Defense Department’s report concerning repeal of “don’t ask, don’t tell,” the 1993 law that keeps lesbians and gays from serving openly in the U.S. military.

But there was considerable pushback from Republicans on the committee — and not just John McCain.

A lot of important ground was covered, both technically, concerning certification and benefits, and personally, with top military officials making clear that they believe repeal is the right thing to do and that now is the right time to do it.

Important, too, were questions by Sens. Susan Collins of Maine and Lindsey Graham of South Carolina, Republicans who, until recently, were considered potential votes to at least allow the Senate to debate the repeal measure.

Collins spent her time for questions laying out arguments to rebut criticisms made of the Pentagon’s report by McCain and others; and Graham seemed to have backed off his complaint last week that the study failed to investigate “whether” DADT should be repealed.

One of the chief criticisms hurled at the report by McCain and several other Republicans was that the Pentagon did not ask a direct question of the 400,000 troops surveyed to determine whether they would like Congress to repeal DADT.

Collins noted that the Pentagon does not ask troops whether they want to go to Iraq either and that, while troops were not asked about DADT repeal directly, their thinking was certainly conveyed by their responses to less direct questions.

The insistence, by McCain and others, that troops should have been polled on whether to keep DADT elicited the strongest rebuke from the military leaders themselves. Both Secretary of Defense Robert Gates and Joint Chiefs of Staff Chairman Adm. Mike Mullen repeatedly rejected the idea as “dangerous.”

Gates said that conducting a “referendum” on a matter of military policy “is a very dangerous path.” Mullen agreed, saying it would be an “incredibly bad precedent to essentially vote on a policy.”

McCain persisted, saying it was “not voting” on a policy, it was “asking their views.”

He was not alone. Sen. Scott Brown, R-Mass., said he, too, felt the Pentagon should have asked a direct question.

Both McCain and Sen. Saxby Chambliss, R-Ga., seemed to flirt with the use of some inflammatory tactics during the hearing.

McCain twice raised the issue of who was responsible for the current public release of classified documents by a website called Wikileaks — an act that is considered to be one of the most damaging breaches in intelligence confidentiality in American history. It has been widely reported that the 22-year-old Army private first-class who has been arrested for enabling the leaks, Bradley Manning, has identified himself as gay.

Chambliss noted that Mullen, in his opening statement both Thursday and at a previous hearing in February, indicated he had served alongside gay people and had gay people under his command. Chambliss asked questions to suggest that Mullen had failed to seek the discharge of these gay servicemembers as required by existing military policy at the time.

(Mullen, however, noted that military law and policy has changed during the course of his career in the service and that, in fact, “every single one” of the gays he knew of were discharged. “I did this, and I saw this,” said Mullen.)

What is the difference?

There was considerable discussion of how the repeal of DADT might mirror the changes that took place in the late 1940s and 1950s after then-President Harry Truman signed an executive order requiring integration, and again in the 1960s when Congress repealed a 2 percent cap on the number of women who could serve.

“Social changes in the military have not been particularly easy,” said Gates.

He said that “serious racial problems” plagued the military “at least through” the Vietnam War years, and that women in the military still face the very real problem of sexual assaults.

McCain pointed out that, in 1993, Gen. Colin Powell had opposed gays in the military and rebuffed attempts to compare discrimination based on race and that based on sexual orientation.

Jeh Johnson, the co-chair of the Pentagon study group, said he would agree that “issues of race and sexual orientation are fundamentally different.” But he said that, in his study of integration issues for the DADT report, he found that some of the nation’s greatest heroes in World War II “predicted negative consequences for unit cohesion if there was racial integration” of the troops.

Johnson, who is African-American, also noted that surveys of 3,000 to 4,000 troops in the 1940s found that opposition to racial integration ran as high as 80 percent — and that was at a time when there were only about 700,000 black soldiers in a force of 8 million troops.

It was also a time, said Johnson, when integration was not accepted by society at large.

“But we did it. It took some time. It was not without incident,” said Johnson. “But we did it and, I think the chairman said, the military was stronger as a result.”

In fact, Johnson said the opposition to racial integration then was “much more intense than the opposition to gays serving openly today in the military.”

What are the bottom lines?

Thursday’s hearing came across as a vigorous debate between Republicans on the committee, most of whom seem to oppose repeal, and Democrats and the Defense Department’s top brass, who appear to support it.

But it took place against the backdrop of a political gaming of the Senate’s parliamentary procedures.

All 42 Republicans in the Senate signed onto a letter to Senate Majority Leader Harry Reid on Tuesday, Nov. 30, saying they would not agree to vote on “any legislative item until the Senate has acted to fund the government and we have prevented the tax increase … .”

Although the language of “fund the government” might provide some wiggle room for the defense authorization bill (because it authorizes the expenditure of funds for the government), the letter is being widely characterized as an obstacle to consideration of DADT repeal, which is contained inside the defense authorization bill.

Maine Republican Collins’ questions Thursday suggested she is still for repealing DADT — a position she took in the committee’s original vote on the defense authorization bill in September.

Unless she and a few other Republicans agree to provide the Democrats with the votes they need to reach 60 — to allow the defense authorization bill to the floor — Thursday’s debate and debate that will take place during Day Two of the hearing, Friday, Dec. 3, are moot.

The hope of convincing some Republicans to wiggle themselves around the Republican drop dead letter could well have been behind Secretary Gates’ repeated assurances Thursday that he would not sign the necessary document to “certify” the troops are ready to implement repeal until “everything has been done” to ensure the troops are ready and that the chiefs of each of the service branches “are comfortable” that any risks to combat readiness had been “mitigated if not eliminated.”

Neither Gates nor Mullen suggested how long it might take to certify such readiness after Congress votes to repeal the law. But both also sought to impress upon the committee another issue with regard to timing: The courts.

“Whatever risk there may be to repeal of this law, it is greatly mitigated by the thorough implementation plan included in this study, the time to carry out that plan and effective, inspirational leadership,” said Mullen in his opening statement.

“Now, let me tell you what I believe,” continued Mullen. “I believe our troops and their families are ready for this. Most of them believe they serve, or have served, alongside gays and lesbians, and knowing matters a lot … . “I believe now is the time to act. I worry that unpredictable actions in the court could strike down the law at any time, precluding the orderly implementation plan we believe is necessary to mitigate risk,” Mullen said. “I also have no expectation that challenges to our national security are going to diminish in the near future, such that a more convenient time will appear.” 

© 2010 Keen News Service

This article appeared in the Dallas Voice print edition December 03, 2010.

—  Kevin Thomas

Watch: Full Pentagon Press Briefing on ‘DADT’ Report

Pentagon_dadt

I posted highlights earlier, but here's full video of today's Pentagon press briefing on the DADT repeal report for those of you who are interested.

Watch, AFTER THE JUMP


Towleroad News #gay

—  admin

Pentagon report sets up Senate showdown on ‘don’t ask don’t tell’

LISA KEEN  |  Keen News Service

Defense Secretary Robert Gates sent mixed signals Tuesday, Nov. 30 in releasing the Pentagon’s long-awaited study about how to implement repeal of “don’t ask don’t tell.”

Gates said repeal “can and should be done,” but he urged Congress to consider the views of all-male combat units who expressed concern about negative consequences. He said the concerns of those combat units were “not an insurmountable barrier” to repealing the ban on openly gay people in the military, but said the military should be given “sufficient time” to exercise “an abundance of care and preparation” in rolling out that repeal. And neither he nor any other top Pentagon official were willing to give even a vague estimate of how much time would be sufficient.

But in a statement released Tuesday evening, President Barack Obama urged the Senate to act “as soon as possible,” saying he is “absolutely confident” troops “will adapt to this change and remain the best led, best trained, best equipped fighting force the world has ever known.”

The president reportedly spoke to Republican and Democratic leaders about DADT during a meeting at the White House on Monday to discuss a number of issues. Details of those conversations were not available.

Gates’ remarks and the report released by the Pentagon on Tuesday on how best to implement repeal of DADT will provide both proponents and opponents of repeal plenty of political ammunition once the Senate takes up the issue sometime this month.

The 256-page study is called the Report of the Comprehensive Review of the Issues Associated with a Repeal of “Don’t Ask, Don’t Tell.” The report includes 20 pages of recommendations, presented in essay form, and 112 pages discussing and illustrating the results of surveys conducted of servicemembers and their families. Most media reports focused on the survey results, but the recommendations have, perhaps, the greatest importance for the LGBT community. The most significant of the recommendations include:

• Issuing “an extensive set of new or revised standards of conduct” for servicemembers while in uniform, including for such matters as “public displays of affection,” dress and appearance, and harassment, and that those standards “apply to all Service members, regardless of sexual orientation”;

• That military law not add sexual orientation “alongside race, color, religion, sex, and national origin as a class eligible for various diversity programs or complaint resolution processes.” Instead, the report recommends DOD “make clear that sexual orientation may not, in and of itself, be a factor in accession, promotion, or other personnel decision-making.” Complaints regarding discrimination based on sexual orientation would be addressed through “mechanisms” available for complaints other than those involving race, color, sex, religion, or national origin — “namely, the chain of command … and other means as may be determined by the Services.”

• Repeal Article 125 of the Uniform Code of Military Justice to the extent it prohibits consensual sodomy, regardless of whether same-sex or heterosexual;

• Amend the code to “ensure sexual orientation-neutral application” with regards to sexual offenses. For instance, Article 134 prohibiting adultery, would be rewritten to include a married female servicemember having sex with another woman who was not her spouse;

•  No separate housing or bathroom facilities for gay or lesbian servicemembers and no assignments of sleeping or housing facilities based on sexual orientation “except that commanders should retain the authority to alter … assignments on an individualized, case-by-case basis, in the interest of maintaining morale, good order, and discipline, and consistent with performance of mission”;

• No revision “at this time” of regulations to add same-sex committed relationships to the current definition of “family members” or “dependents” in regards to military benefits, such as housing, but to revisit the issue at a later date;

• Review benefits “that may, where justified from a policy, fiscal, and feasibility standpoint,” be revised to enable a servicemember to designate “whomever he or she wants as a beneficiary”;

• Evaluate requests for re-entry into the military from those servicemembers discharged under DADT “according to the same criteria as other former Service members seeking re-entry”; and

• No release from obligations of service for military personnel who oppose serving alongside gay and lesbian service members.

The survey part of the report indicates:

• 69 percent of servicemembers believed they had already served with someone they knew to be gay;

• 70 percent to 76 percent said repeal would have “a positive, a mixed, or no effect” on task cohesion; and 67 percent to 78 percent said it would have positive, mixed or no effect on “social cohesion”;

• 92 percent of those servicemembers who said they served alongside a gay person said they did not consider the gay servicemember’s presence to have created any problems for unit cohesion; and

• 26 percent said they would take a shower at a different time than a gay servicemember.

The report noted that the responses of Marines Combat Arms units (fighting forces on the ground) were “more negative” than the forces overall concerning how gay servicemembers would affect unit cohesion. Overall, 21 percent said gays in the unit would negatively affect their unit’s readiness, but while 43.5 percent of Marine Combat Arms said so.

Both Gates and Joint Chiefs of Staff Chairman Admiral Mike Mullen also underscored a need to move slowly and carefully to implement repeal, should Congress approve it. In doing so, Gates highlighted a finding that between 40 percent and 60 percent of all-male combat arms and special operations units predicted a negative effect of repeal on unit cohesion. He said this finding was a concern for him and for the chiefs of the branches of service. And he urged Congress to consider this in its deliberations.

But Gates said he did not consider that finding to be an “insurmountable barrier” and said he does believe repeal “can and should be done without posing a serious threat to military readiness.”

Even before the report was officially released at 2:15 Eastern time on Tuesday, Servicemembers Legal Defense Network said it expected the report to be “overwhelmingly positive” and “one of the best tools that repeal advocates can use” in the lame duck Congress.

The report will be the subject of two days of hearings before the Senate Armed Services Committee on Thursday and Friday, Dec. 2 and 3. Republican opponents of repeal, led by Sen. John McCain, R-Ariz., are expected to challenge the legitimacy of the study and to tweak out information within it to support their position against repealing the law.

Sen. Lindsey Graham, R-S.C., who had been considered a potential vote for repeal, surprised many over the weekend when he began to parrot a criticism of the study that McCain raised in recent days — that the Pentagon studied “how” to repeal DADT, not “whether” to repeal it.

Gates rebuffed this criticism previously and again during today’s press conference.

“This report does provide a sound basis for making decisions on this law,” said Gates. “It’s hard for me to imagine you could come up with a more comprehensive approach.” More than 400,000 servicemembers responded to a survey, as did thousands of family members. And Mullen said data “is very compelling.”

But Graham also told Fox News Sunday on Nov. 28 that he doesn’t believe there is “anywhere near the votes” to repeal DADT “on the Republican side.”

Democrats don’t really need Republican votes to repeal DADT; it takes only 51 and, with Independents, they have 58. But many took Graham’s remarks to suggest that Republicans would stand together as a party to block the Senate from even considering the Defense Authorization bill that contains the DADT repeal language.

“I think we’ll be united in the lame duck,” said Graham of Republican senators. “… So I think in a lame duck setting, ‘don’t ask don’t tell’ is not going anywhere.

And that’s where the uncertainty lies: Will Democrats have 60 votes to break a Republican filibuster in order to begin deliberation on the FY 2011 Defense Authorization bill?

Aubrey Sarvis, executive director of Servicemembers Legal Defense Network, said he expects McCain and others to try and thwart repeal. He said he was hopeful Senate Majority Leader Harry Reid would be able to reach an agreement with Minority Leader Mitch McConnell on some number of amendments either party could offer on the annual Defense Authorization bill which contains the repeal language. Among those amendments, said Sarvis, will almost certainly be one to strip the repeal language from the bill, but Sarvis said he does not believe there are enough votes to do that.

Sarvis also made clear during a telephone press conference with reporters Tuesday morning that his group is not going to put all its eggs in the lame duck basket.

Sarvis said his organization would — “early next week”— file at least one lawsuit in federal court in San Francisco to continue pressure for eliminating the ban on openly gay people in the military. He said the group would likely file two more lawsuits soon after that. Each lawsuit, he said, would represent the interests of different groups affected by the law — those on active duty, those who have been discharged and seek reinstatement, and those who would like to join the service.

Gates and Obama have both spoken out against lawsuits currently pending in the 9th Circuit seeking to challenge DADT — one from the Log Cabin Republicans (challenging the law on its face) and one from Air Force nurse Margaret Witt (challenging the law as applied). Both have been successful, thus far.

In an interview with ABC News, released Nov. 9, Gates said he thinks the end of DADT was “inevitable.”

“My hope, frankly,” he said, “is that … if we can make the case that having this struck down by the courts is the worst outcome, because it gives us no flexibility, that people will think I’m called a realist, a pragmatist. I’m looking at this realistically. This thing is gonna go, one way or the other.”

In the end, it may take more than just one showdown vote in the Senate. In addition to needing 60 votes to begin debate on the defense spending bill, SLDN’s Sarvis said Tuesday he expects Senate Democrats will need 60 votes to force a vote to end debate as well. Then a final version of the bill must be hammered out in a House-Senate conference committee and returned to both chambers for a final vote.

© 2010 Keen News Service

—  John Wright

SHOCKER: With Pentagon study complete, Sen. Cornyn has new excuse for opposing DADT repeal

Sen. John Cornyn

With the Pentagon study on repealing “don’t ask don’t tell” to be released today, we inquired of Texas Republican Sen. John Cornyn’s office whether he believes it would now be prudent to move forward on this issue during the lame duck session of Congress. After all, Cornyn told us in June he didn’t believe Congress should act on DADT repeal until the study was complete.

Here’s the response we received moments ago from Cornyn spokesman Kevin McClaughlin:

“There are a handful of time sensitive issues that must be addressed during lame duck. A continuing resolution to fund the government, the medicare reimbursement rate also known as the ‘doc fix,’ and preventing every American from incurring a massive tax increase on the first of the year just to name a few. Sen. Cornyn believes these things should be the focus of the lame duck session.’

So there you have it. Repealing a discriminatory policy that hurts the military and is opposed by the vast majority of Americans is simply not a priority for our junior senator, who by every indication will be joining his party’s filibuster of the Defense spending bill to which the DADT amendment is attached. A better question at this point would probably be whether Cornyn will introduce toxic anti-gay amendments to the Defense bill if Democrats can overcome the filibuster — such as a measure to overturn same-sex marriage in D.C. If you’ll remember, this is what Cornyn tried to do with health care reform.

We still haven’t heard back on a similar inquiry to Sen. Kay Bailey Hutchison’s office, but don’t get your hopes up.

—  John Wright

Pentagon Working Group Report Confirms No Major Impediments to Open Service

The Pentagon’s Comprehensive Working Group studying how to implement repeal of “Don’t Ask, Don’t Tell” has found few hurdles to implementation of open service by gays and lesbians, according to their report released today.  The news provides tremendous momentum for upcoming Senate action on repeal.

“This issue has been studied for fifty years, including by the military itself, and the results from over twenty-two studies are uniform: open service does not harm effectiveness,” said HRC President Joe Solmonese.  “The small handful of Senators blocking repeal no longer have any fig leaves behind which to hide.  The time for repeal is now.”

A survey of troops – while not a referendum on repeal but rather a tool to gauge attitudes about repeal – showed that seventy percent of service members thought having an openly gay or lesbian colleague in their unit would have either a positive, mixed or no effect.  For those who believe they have already worked with a gay or lesbian service member, ninety-two percent say their unit’s ability to work together was very good, good or neither good nor poor.

“America’s men and women in uniform are professionals who already serve with gays and lesbians and repeal will do nothing to change their dedication to protecting our nation,” said Solmonese. “Senators who said they want to hear from military leaders and troops now have their answers.  Repeal of ‘Don’t Ask, Don’t Tell’ will allow every qualified man and woman to serve without sacrificing the high standards that have made our military great.”

Twenty-five nations allow open service by gays and lesbians and all of them have implemented repeal of their bans without major disruptions – including close allies such as the United Kingdom, Canada, Australia and Israel.  Further, a failure of Congress to act now will tie the hands of military leaders who have asked for the power to implement the changes that today’s report lays out.

TAKE ACTION NOW and tell the Senate it’s time to get rid of “Don’t Ask, Don’t Tell.”


Human Rights Campaign | HRC Back Story

—  admin

Key findings and full text of Pentagon report on ‘don’t ask don’t tell’

For your afternoon reading, below is a copy of the Pentagon report on “don’t ask don’t tell” that was released just moments ago, as well as a copy of the Support Plan for Implementation. And here’s a summary of the key findings from the Servicemembers Legal Defense Network (for another summary, go here):

When asked about the actual experience of serving in a unit with a co-worker who they believed was gay or lesbian, 92% stated that the unit’s “ability to work together” was “very good,” “good,” or “neither good nor poor.”

• When asked about how having a service member in their immediate unit who said he or she is gay would affect the unit’s ability to “work together to get the job done,” 70% of Service members predicted it would have a positive, mixed, or no effect.

When asked “in your career, have you ever worked in a unit with a co-worker that you believed to be homosexual,” 69% of Service members reported that they had.

• In communications with gay and lesbian current and former service members, the CRWG repeatedly heard a patriotic desire to serve and defend the Nation, subject to the same rules as everyone else.

The CRWG is convinced that our military can do this, even during this time of war. They do not underestimate the challenges in implementing a change in the law, but neither should we underestimate the ability of our extraordinarily dedicated Service men and women to adapt to such change and continue to provide our Nation with the military capability to accomplish any mission.

The CRWG found “the risk of repeal of don’t ask, don’t tell to overall military effectiveness is low.”

The CRWG believes this to be the “largest, most Comprehensive review of a personnel policy matter which the department of defense has ever undertaken.”

DADTReport FINAL Hires)

DADTReport SPI FINAL 20101130(Secure Hires)

—  John Wright

WATCH LIVE: Press conference on Pentagon study of ‘don’t ask don’t tell’ repeal

The press conference is scheduled to air live at 1 p.m. Dallas time on C-SPAN2.

—  John Wright

WATCH: Another DADT message from Lady Gaga

On the eve of Tuesday’s release of a Pentagon study on the repeal of “don’t ask don’t tell,” Lady Gaga has posted another video message on her YouTube channel — and this time it’s in black and white. Watch it below, and then take action by going here.

—  John Wright