BREAKING: A new plan for DADT repeal

Details are emerging today about a new plan to pass a repeal of “don’t ask don’t tell” in the lame duck session of Congress.

Rep. Patrick Murphy, D-Pa., introduced DADT repeal legislation in the House this morning that could see a vote as early as Wednesday. The plan reportedly involves attaching DADT repeal as an amendment to a bill that has already passed the House and the Senate Armed Services Committee. The House amendment to a Senate bill will become “an amendment between the Houses” and holds “priviledged status,” allowing Senate Majority Leader Harry Reid to call it up at any time to the floor.

“We applaud House Speaker [Nancy] Pelosi, Reps. [Steny] Hoyer and Murphy for their extraordinary leadership in the waning hours of the lame-duck session,” said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network. “Let’s be clear: we’ll still need 60 votes in the Senate. This ‘privileged’ House bill will need to pass the full House and then move to the Senate. While we avoid a cloture vote to proceed and save time on the Senate floor, we’ll still need 60 votes to complete the bill and send it directly to the President’s desk. Repeal supporters need to contact their House member to vote for repeal tomorrow. We also need to keep the pressure on the Senate and not relent. Time remains the enemy and Senators need to complete the bill before leaving for holiday vacation. Get on the phone and help hold the frontlines.”

Below is the list of key senators SLDN is targeting. To contact them, call the Capitol switchboard at (202) 224-3121.

–Susan Collins (R-ME);
–Olympia Snowe (R-ME);
–Richard Lugar (R-IN);
–Judd Gregg (R-NH);
–Scott Brown (R-MA);
–George Voinovich (R-OH);
–Kit Bond (R-MO);
–Lisa Murkowski (R-AK);
–Mark Kirk (R-IL);
–And the sole unpersuaded Democrat: Joe Manchin (D-WV)


—  John Wright

Despite opposition from some, service chiefs all say they can make DADT repeal work

We haven’t had a chance to tune in for day two of the Senate Armed Services Committee’s hearings on “don’t ask don’t tell.” We’ll have a full story coming later today from correspondent Lisa Keen, but for now here’s a response to developments thus far that just came across from the Human Rights Campaign:

Service Chiefs Pledge to Faithfully Implement DADT Repeal
Repeal language gives military control of timing for which they’ve asked

WASHINGTON – Speaking today before a hearing of the Senate Armed Services Committee, the Chiefs of the military services all expressed that they would successfully implement “Don’t Ask, Don’t Tell” repeal should Congress change the law. Testifying were General James Cartwright, General George Casey, Admiral Gary Roughead, General James Amos, General Norton Schwartz and Admiral Robert Papp.

Among the six testifying, three expressed that the law should be repealed and three gave a mixed reaction, expressing some opposition to repeal at this time. Only one – Marine Commandant General James Amos — expressed his opinion that there could be strong disruption. In contrast his fellow Marine, General Cartwright, Vice Chairman of the Joint Chiefs, made clear that not only could Marines carry out successful repeal but also there was “benefit derived from being a force identified by honesty & inclusivity.” General Amos did however express that he and his Marines would “faithfully support the law.”

“Not only do a majority of senior military leaders support repeal, they are unanimous that they will faithfully carry out any repeal passed by Congress,” said HRC President Joe Solmonese. “The vast majority of the American people are looking for action as are the thousands of men and women currently serving in silence.”

The witnesses were unanimous in their opinion that “Don’t Ask, Don’t Tell” will be repealed eventually and that it was just a question of timing. The language of the legislation being considered by the Congress would in fact give the military exactly the control of the timing of implementation for which they’ve asked.

“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 their research lays out,” said Solmonese. “The time to vote for repeal is now.”

Today’s testimony comes after senior uniformed and civilian military leaders made an ironclad case for DADT repeal yesterday. Defense Secretary Robert Gates, Joint Chiefs Chairman Mike Mullen, General Carter Ham and Pentagon General Counsel Jeh Johnson all made clear that they saw few hurdles to implementation of open service by gays and lesbians and that they were confident that the military would execute such a repeal without long-term consequences.

“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.“The working group found clearly that military effectiveness will not be compromised by removing this stain on our service members’ integrity.”

In contrast to Committee Ranking Member John McCain, all of the service chiefs expressed confidence in the report of the Pentagon’s Comprehensive Working Group. It is one of more than twenty studies from both the military and outside organizations that make an ironclad case for repeal.

—  John Wright

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

Military leaders stand firm during 1st day of Senate hearings on ‘don’t ask don’t tell’

LISA KEEN  |  Keen News Service

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 “don’t ask don’t tell.” 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.

What is the question?

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 Admiral 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 Admiral 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 S. Truman signed an executive order requiring integration and again in the 1960s when Congress repealed a two-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 with sexual assaults.

McCain pointed out that, in 1993, General 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 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 suggest 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 provide 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, are moot.

Collins has been ridiculed by a number of pundits in recent days for saying she didn’t know how to vote on another contentious piece of legislation — the START treaty — and that she would appreciate getting some direction from two former Republican presidents — the two Bushes. Such negative publicity may have inspired Collins to ask the pro-repeal oriented questions she asked at Thursday’s hearings.

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,” said Mullen. “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.”

Copyright ©2010 Keen News Service. ALL RIGHTS RESERVED.

—  John Wright

As Senate begins DADT hearings, Guy-Gainer accuses Republicans of ‘juvenile mutiny’

Dave Guy-Gainer

Senate Republicans are committing “a form of juvenile mutiny” by indicating they’ll block consideration of “don’t ask don’t tell” during the lame duck session, according to a leading local advocate for repealing the policy.

All 42 Republican senators signed a letter delivered to Majority Leader Harry Reid on Wednesday pledging to block any legislation that’s unrelated to government funding or taxes this month.

The Senate Armed Services Committee began hearings at 8 a.m. Dallas time today (you can watch live here) on the Pentagon’s report on DADT, which was released Tuesday and concluded that there’s “low risk” to ending the ban. But regardless of the Pentagon report and the committee hearings, some believe Wednesday’s letter to Reid  seriously threatens DADT repeal this year.

Dave Guy-Gainer, an openly gay retired Air Force chief master sergeant who lives in Tarrant County, said there were “no surprises” as he watched Tuesday’s press conference during which the Pentagon report was released.

“In fact, as I listened to each of the four speakers, I heard the same words and sentences that proponents of Repeal have said for many many years,” said Guy-Gainer, a board member for the Servicemembers Legal Defense Network. “The impact of repeal is minimal. And the concerns that some have can be overcome by education and leadership. It was refreshing to hear Secretary Gates call upon the Senate to enact repeal by the end of December. I understand that he has instructed the services to continue to draft the changes to their many regulations and policies and to draft the lesson plans that will be used to educate the force so that they will be ready when repeal happens. Or, they will be ready when the judiciary calls an end to DADT.”

Guy-Gainer added that he believes the findings of the report, along with polls showing a vast majority of Americans support DADT repeal, should serve as a mandate for the Senate to act.

“In military terms, I personally find their [the Senate Republcans'] letter to be a form of juvenile mutiny,” Gainer said.”These Senators were sent to Washington by people called constituents as a part of a whole. In law a constituent is one who appoints another to act on their behalf. About 80 percent of Americans support repeal and that 80 percent is certainly not made up solely of members of other parties. These Senators are there to vote the will of the people and not there to support the selfishness of partisan politics.

“If there is a threat to our national security, it is the withholding of the military funds that would be provided by the National Defense Authorization Act,” Gainer said, referring to the bill to which DADT repeal is attached. “By one measure, 92 percent of our military is fine working alongside gay and lesbian counterparts. But, none of them can function without biscuits, beans and bullets. After months of delay, it is time for a vote to be taken.

“Hopefully, those who read this article will find a way to inspire these 42 to use the power that was handed them at the ballot box to vote according to the wishes of the nation, the President, the Secretary of Defense, the Chairman of the Joint Chiefs, and the men and women of our nation’s military. Failing passage this month leaves the issue in the hands of the judiciary — and those cases will proceed.”

—  John Wright

Family Research Council webcast on how gays are hijacking the military to advance an agenda

Tony Perkins

Tony Perkins, head wingnut at Family Research Council Action, will be holding a Webcast at 2 p.m. CST, today, on the subject “Mission Compromised: How the Military is Being Used to Advance a Radical Agenda.”

Perkins says that he is being joing by “veteran military commanders, members of Congress and policy experts” who will discuss the “shortcomings” of the Pentagon’s recently-released report showing that the large majority of those in the military have no problem with repealing “don’t ask, don’t tell” and allowing gays and lesbians to serve openly.

(Looks like a clear-cut case of “If the facts don’t support your position, ignore them and make up some that do.”)

In a press release announcing the Webcast, Perkins said: “The U.S. Senate could vote very soon on the Defense Authorization Act, which, if enacted, would force open homosexuality on the military and turn military medical facilities into abortion clinics. The vote is expected to be very close which is why it’s so vital that you encourage your friends and family to tune into this live Webcast. They will learn what action steps they can take to stop this last ditch attempt by outgoing liberal senators to force a liberal social agenda onto the military.”

Here’s the list of guests joining Perkins for the Webcast: Republican Sen. Jim Inhofe of Oklahoma, a member, Senate Armed Services Committee; Gen. Carl Mundy, former commandant of the Marine Corps; Brig. Gen. Douglas Lee, a retired U.S. Army chaplain; Sgt. Brian Fleming, veteran of the war in Afghanistan and Purple Heart recipient; retired U.S. Army Lt. Col. Bob Maginnis, senior fellow on National Security with the Family Research Council; Cathy Ruse, senior fellow in Legal Studies with the Family Research Council; and Peter Sprigg, senior fellow for Policy Studies with the Family Research Council.

Hmmm. Sure sounds like a well-balanced and unbiased array of speakers to me!

What’s your opinion on the matter? Want to share it? If so click here to watch the Webcast, and e-mail your questions and comments to missioncompromised@frcaction.org, or text your questions and comments to 24453. Type in DADT, followed by a space and then your question or comment.

(Thanks to Patti Fink for the heads up on this one.)

—  admin

Pentagon study, Senate hearings on DADT coming this week

Lisa Keen  | Keen News Service

The Pentagon’s study on how to best implement the repeal of “don’t ask, don’t tell” will be released Tuesday, Nov. 30, and the Senate Armed Services Committee announced this week it will hold two days of hearings on that report beginning on Thursday, Dec. 2.

The back-to-back hearings will include an all-star line-up of the military’s highest-ranking officials to discuss the report’s findings. Day One will lead off with Secretary of Defense Robert Gates, Chairman of the Joint Chiefs of Staff Admiral Mike Mullen, and the two co-chairmen of the study group —Jeh Johnson and General Carter Ham.

Day Two — Friday, Dec. 3 — will showcase four generals and one admiral who head up each of the five branches of the military. Both days are almost certain to provoke tough questioning from Sen. John McCain, R-Ariz., who has taken a lead in opposing repeal of DADT.
The hearings begin at 9 a.m. each day.

Secretary Gates told reporters Sunday, Nov. 21 that he will release the Pentagon’s study on DADT one day early, adding that, “if this law is going to change, it’s better that it be changed by legislation than it simply be struck down …by the courts with the potential for us having to implement it immediately.”

Meanwhile, White House press spokesman Robert Gibbs told mentioned DADT repeal Monday while ticking off a list of what President Barack Obama hopes to accomplish in the lame-duck session — behind taxes, unemployment compensation, and the new START treaty.

“Everything is on schedule and my current intention is to release the report to Congress and to the public on Nov. 30th,” said Gates.

Just last Friday, Nov. 18, Pentagon spokesman Geoff Morrell said the report would not be sent to Congress or made public before Dec. 1 — “not before Dec. 1 to anyone.”

Gibbs said Monday the president has not seen the report and dodged a question about whether the president had persuaded DOD to release the report early. But, clearly, something has persuaded the Defense department to budge a little on its hardened deadline. And the latest comments from Gates, in response to questions during a press availability in Bolivia, suggest the Pentagon is preparing for some “change” in the law which currently bans openly gay people from serving in the military. It also indicates that Gates believes a federal court might well strike down DADT if Congress fails to repeal it during the lame-duck session.

In response to a follow-up question about what chances he thinks repeal would have if the vote is carried over into the next session of Congress, Gates did not offer an assessment but expressed “concern” that decisions by federal courts in lawsuits challenging DADT had forced the military to carry out “four different policies” concerning gays in the military “in the space of two weeks … including, at one point, a directive immediately to suspend the law.”

“Having to implement this immediately and without preparation and without taking the steps to mitigate whatever risks there are,” said Gates, “I think, is the worst of all possible outcomes …”

“All I know is,” he added, “if this law is going to change, it’s better that it be changed by legislation than simply be struck down — rather than have it struck down by the courts with the potential for us having to implement it immediately.”

The vote on DADT repeal is not likely to be carried over into the next session of Congress. After prodding from the White House, Senate Majority Leader Harry Reid agreed to try to bring the Defense Authorization bill to the floor in the lame-duck session with the DADT repeal amendment attached.

Interestingly, Howard Dean, the founder of the progressive Democracy for America political action committee, told MSNBC “there’s no reason for Congress not to” repeal DADT, but that President Obama “has an ace in the hole,” if it doesn’t.

“He can withdraw his appeal” in the lawsuits challenging DADT in federal court. Prime among those lawsuits is Log Cabin Republicans v. U.S., which will be argued before the 9th Circuit Court of Appeals in February. A federal district court judge ruled in July that DADT unconstitutional but the Obama Department of Justice has appealed the decision.

“If he can’t do it through Congress, he should do it through the judicial process,” said Dean. “This is a critical issue. For people under 35, the president’s base, they elected the president, believe that gay rights is the civil rights issue of their time. You’ve got to do this in order to get the young people back to the polls.”

The Associated Press’s Lisa Neff reported Monday that there were no discharges executed under DADT during the past month. Starting Oct. 21, Secretary Gates — responding to various court orders related to the Log Cabin lawsuit — issued a memo requiring that any discharges under DADT must now be approved by three of five senior Defense officials. Approximately 35 servicemembers per month were discharged in 2009.

© 2010 Keen News Service

—  John Wright

SLDN board member Dave Guy-Gainer makes sense of all the latest developments on DADT

Dave Guy-Gainer

The Raw Story has posted a nice recap of the many developments of the last few days concerning the possible repeal of “don’t ask don’t tell” during the lame-duck session of Congress – otherwise known as the possible repeal of DADT anytime before 2013.

In a nutshell, there are reports that Senate leaders plan to remove the amendment that would repeal DADT from a Defense spending bill, to facilitate the spending bill’s passage. And those reports from The Advocate and The Wall Street Journal have prompted some to conclude that DADT repeal is dead as a hammer. Meanwhile, on the same day that the new commandant of the Marine Corps spoke out against DADT repeal (Saturday), Defense Secretary Robert Gates reiterated his desire to see the ban lifted. So what gives?

To make sense of it all, we turned to Dave Guy-Gainer, aka “Chief,” a local board member for the Servicemembers Legal Defense Network. Here’s what Gainer said:

“It seems like in this week between the elections and the reconvening of the lame duck Senate, pundits and talking heads are coming out of the woodwork. Let me stick to the facts of today and avoid speculation. The bill to repeal DADT is still attached to the National Defense Authorization Act. The president has said that he wants the legislative branch to act. Secretary Gates has repeated that he would like to see the ban lifted. Well over 70 percent of the nation says that repeal is needed. The DOD report is due Dec. 1.  The newly elected members of the House and Senate won’t be seated in this session. Those who will be leaving are still there. None  of the advocacy groups who have fought for repeal have folded up tent and left the battlefield. For repeal to happen, we still need existing Republican Senators to do the right thing and vote for passage. We especially need our Log Cabin Republican allies, of whom I am most proud in the courts, to bring the Republican vote to the table. Surely, there are Republicans who would do the right thing and vote for repeal. DADT has been declared unconstitutional in lower federal courts and is winding its way through appeal. Congress could end it all in the next six weeks. The question is — will it?”

UPDATE: We asked Guy-Gainer whether there’s any hope that Texas Sen. Kay Bailey Hutchison would break ranks and provide one of the needed Republican votes in favor of repeal. Guy-Gainer’s response, and this is a direct quote, was, “<expletive deleted>.” Gainer went on to note that Texas isn’t on the list of states where SLDN is targeting key senators. Below is the list, and SLDN is again urging people to contact these folks by calling the Capitol switchboard at (202) 224-3121.

–Harry Reid (D-NV);
–Carl Levin (D-MI);
–Susan Collins (R-ME);
–Olympia Snowe (R-ME);
–Mark Pryor (D-Ark.);
–Blanche Lincoln (D-Ark)
–Richard Lugar (R-IN);
–Judd Gregg (R-NH);
–Scott Brown (R-MA)
–George Voinovich (R-OH);
–Kit Bond (R-MO);
–Joe Manchin (D-WV)
–Lisa Murkowski (R-AK)
–Mark Kirk (R-IL)


—  John Wright

DADT update: Local SLDN board member blasts survey of troops; trial begins in Log Cabin lawsuit challenging policy

Dave Guy-Gainer

As it prepares for the end of “don’t ask, don’t tell,” the military is doing something unprecedented: asking the troops what they think.

“With my affiliation with SLDN, the advice is not to participate,” said Dave Guy-Gainer, a local board member for the Servicemembers Legal Defense Network.

“Even though the survey goes to a secure public site,” Guy-Gainer said, “you’re still vulnerable if you complete the survey on a government computer.”

When the military first announced it needed six months to study the end of DADT, Guy-Gainer was against the delay. But when he heard they were studying things like benefits and housing for partners, he changed his mind. The survey, however, has raised new issues about the intent of the delay.

Questions on the survey include: “Do you currently serve with a male or female service member you believe to be homosexual?” and “Have you been assigned to share bath facilities with an open bay shower that is also used by a service member you believed to be homosexual?”

“It implies that you’re allowing people to vote,” Guy-Gainer said.

He gave several examples of the military implementing changes without surveying the opinion of troops.

“A few months ago, the Navy put women on submarines, and no one asked about the women,” he said.

Members of the Armed Forces weren’t polled when President Harry S. Truman integrated the troops, when President Gerald Ford made military institutes co-ed or when President Jimmy Carter placed women on battleships.

And questions on the survey appear to be homophobic.

Guy-Gainer has said troops aren’t in Gomer Pyle-style barracks, sleeping in bunk beds and using group showers. Yet, those are the level of questions apparently being asked in the survey.

Carl Levin, chairman of the Senate Armed Services Committee, acknowledged that the troops have never been surveyed like this before and that the military is not a democracy. But Levin added that he doesn’t think there’s anything wrong with gauging the attitude of the troops. He said the final decision rests with Congress, and the military will be expected to follow it.

Guy-Gainer said the survey is optional, not mandatory. He said he’s afraid those who are homophobic have more incentive to respond while those who are sympathetic to gays and lesbians in the military are afraid of how their answers will be used.

He called the survey unnecessary.

“The working group can identify all the rules and regulations that need to be changed,” he said. “What happens to good order and discipline?”

This week a trial opened in California with Log Cabin Republicans challenging the “don’t ask, don’t tell” policy. Attorneys for Log Cabin used President Barack Obama’s words in their opening statements, according to the Associated Press. Log Cabin argued that maintaining the policy doesn’t advance the government’s interest.

UPDATE: In related news, the Associated Press reported Wednesday morning that prosecutors have dropped all charges against Lt. Dan Choi, the gay veteran who has twice chained himself to the White House fence this year to protest DADT.

—  David Taffet