Attention Service Members: DADT is Still in Effect
SLDN provides free legal counseling to service members with legal issues stemming from or relating to the "Don't Ask, Don't Tell" law banning military service by lesbian, gay, and bisexual persons, the regulations governing military service by HIV+ people, and the regulations addressing military service by transgender persons.
To schedule an appointment, use our confidential web form, e-mail .(JavaScript must be enabled to view this email address), or contact (202) 328-3244 x100.
***IMPORTANT LEGAL INFORMATION ***
Given the latest "Don't Ask, Don't Tell" (DADT) legal and political developments, SLDN has been hearing from many lesbian, gay, and bisexual service members who have questions about the status of the law as well as from veterans and others who wish to serve.
- If you're still serving, and you have any questions about the status of DADT or anything else related to DADT, HIV status, or transgender issues, we want you to know you can contact our legal hotline at any time for free, confidential legal advice. You can also check the latest status of DADT here.
- If you are interested in going back into the military or joining for the first time, we strongly encourage you to contact SLDN's legal hotline to set up a free, confidential call with an attorney to discuss your options.
*** ATTENTION SERVICE MEMBERS ***
"DON'T ASK, DON'T TELL" REMAINS A RISK
Rapidly changing events regarding the legal status of "Don't Ask, Don't Tell" (DADT) may be confusing for service members and recruits. While a U.S. District Court Judge ruled in October that DADT is unconstitutional and issued a worldwide injunction barring the enforcement of DADT, ultimately, the 9th Circuit Court of Appeals issued a stay pending appeal on November 1, meaning DADT is back in effect. Service members can and still will be investigated, they will continue to be discharged, and those considering joining may still be barred from joining if they were previously discharged under DADT or if the person joining makes his or her sexual orientation known to a recruiter.
Most recently, the Pentagon announced that all proposed DADT discharges, regardless of grade and rank, will be reviewed at the highest civilian levels. This is an important change, but it does NOT end DADT. Service members must remain cautious because they remain vulnerable under DADT.
Remember:
- Do NOT come out.
- "Don't Ask, Don't Tell" remains the law until there is finality in the courts or in Congress.
- Lesbian, gay, and bisexual service members are still being discharged under "Don't Ask, Don't Tell" and they will continue to be discharged until the courts or Congress end the law or stop its enforcement.
- Continue to check with SLDN to learn about how the latest legal and political developments impact your ability to serve openly.
Earlier this year, DoD made changes to how "Don't Ask, Don't Tell" is implemented - those changes remain in effect.
If you have questions about how the latest legal or political developments may impact you, or about "Don't Ask, Don't Tell" in general, call 202-328-3244 x100 or e-mail .(JavaScript must be enabled to view this email address) to schedule an appointment with an SLDN attorney.
11-23-10 By Aaron Tax, SLDN Legal Director |
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