Debating the Ban at Harvard
On Friday and Saturday, Harvard Law School hosted a two-day series of workshops and panels on "Don't Ask, Don't Tell." SLDN staffer Sharon Alexander was there, along with SLDN speakers bureau member Brian Fricke, SLDN board member Joan Darrah and many other long-time allies for repeal. On Saturday evening, Harvard Law's Lambda (HLS Lambda) student group presented SLDN with its second annual Gay and Lesbian Legal Advocacy Leadership Award. The comments below are excerpts from Saturday's acceptance speech by our executive director, C. Dixon Osburn.
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“Don’t Ask, Don’t Tell,” I would submit to you, denies every lesbian, gay and bisexual American full citizenship.
Citizenship entails both rights and obligations.
Merriam Webster defines citizen as “a native or naturalized individual who owes allegiance to a government…and is entitled to the enjoyment of governmental protection and to the exercise of civil rights.”
The Fourteenth Amendment states: “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” Interestingly, the same Amendment that defines citizenship also provides that no state shall “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Historically, citizenship has been tied directly to military service. When our country was founded, only white males had the right to vote, own property, and serve in elected office. Those rights and responsibilities were very explicitly tied to military service. In 1792, Congress enacted a statute that required every “free, able-bodied white male citizen to join the militia.” African Americans were not considered citizens, and were not allowed to join the militia. . . .
Today, gay soldiers, sailors, airmen and marines are arguing in federal court that “Don’t Ask, Don’t Tell” denies them their due process and equal protection rights under the Constitution. Next Wednesday, twelve service members take their case to the First Circuit Court of Appeals here in Boston in Cook vs. Gates. They have more than sixty-five years of service to our country, and scores of medals and decorations. All served during the current war on terror, three in direct support of operations in the Middle East. One was one of the Army’s top recruiters. One served in the infantry. Two were discharged, accused of holding hands for five seconds in the PX; charges they denied. The allegations, though, were sufficient to uphold the dismissal. Another was discharged when she requested a deferment of her report date in order to care for her partner of fourteen years who had terminal brain cancer.
These men and women are brave, patriotic Americans who are willing to fight and defend our freedom. President Theodore Roosevelt once said, “A man who is good enough to shed his blood for the country is good enough to be given a square deal afterwards. More than that no man is entitled to, and less than that no man shall have.” One hopes that the First Circuit Court will fully appreciate the historical context that connects the duty, obligations and privilege of military service to the rights and benefits of citizenship, life, liberty, and happiness. . . .
The most insidious aspect of “Don’t Ask, Don’t Tell” is “Don’t Tell.” We cannot be honest about who we are. We are invisible. And, as a result, commanders do not know who we are. Pentagon officials do not know who we are. Members of Congress do not know we exist. If citizenship means anything, it means that we have an opportunity to speak up for ourselves, openly and honestly. “Don’t Ask, Don’t Tell” denies us that right.
I predict that the repeal of “Don’t Ask, Don’t Tell” will be a watershed moment for the lesbian, gay, bisexual and transgendered community just as racial integration in our armed forces was crucial to the civil rights battles that followed. In short, repeal of “Don’t Ask, Don’t Tell” will validate gay Americans as full citizens.
I am full of hope that the time is near when “Don’t Ask, Don’t Tell” shall be relegated to the dustbin of history. General Shalikashvili’s change of opinion and calling for repeal gives me hope. BG Kerr, BG Richards and Admiral Steinman coming out as gay gives me hope. Out returning Iraq vets who were out to their units without incident gives me hope. The fact that four in five Americans support gays serving openly gives me hope. The fact that 73% of returning Iraq and Afghan veterans say that they are comfortable with gays and lesbians gives me tremendous hope that equality is near. I leave you with this quote from the conclusion of Angels in America: “The world only spins forward. We will be citizens. The time has come.”Labels: Osburn
-----03-05-07
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