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“Don’t Ask, Don’t Tell” 15 Years Later

Fifteen years ago, when President Clinton's promise to lift the ban against gay, lesbian and bisexual individuals serving in the military was still alive, I attended the Human Rights March in Washington, D.C. Service members, dressed in uniform, led the march and afterward stood at attention on the stage in front of almost 1,000,000 people as their pictures were flashed on the screen and they were identified by their name and rank. While by itself the scene was powerful, their courage was made even more evident by the presence of Adam Schindler's mother and the story she told. Adam Schindler was a sailor who had been beaten to death by shipmates when they discovered he was gay.

Six months later, Congress passed "Don't Ask, Don't Tell" and in so doing explicitly sanctioned intolerance and bigotry. "Don't Ask Don't Tell" represents the only federal statute that requires an individual to be discharged from her job based not on her abilities but on her sexual orientation. Congress said in law what Adam Schindler's shipmates communicated so clearly by their conduct - gays and lesbians are not welcome in the military.

On November 21, SLDN hosted a reception in Boston to recognize and celebrate the efforts of the Massachusetts legal community towards repealing this law. Although many individuals and institutions have worked toward this goal, Massachusetts has played a central role in repeal efforts. In 2005, U.S. Rep. Marty Meehan (D-MA) introduced the Military Readiness Enhancement Act (H.R. 1246) and every member of the Massachusetts congressional delegation is listed as a co-sponsor. Representive Niki Tsongas (D-MA) spoke at the reception and emphasized the need for repeal and her continued commitment to that effort. And now Massachusetts Senator Ted Kennedy is poised to introduce MREA in the Senate. The Boston office of Wilmer Hale, acting pro bono, is representing 12 former servicemembers discharged under "Don't Ask, Don't Tell" who are simply seeking the opportunity to continue to serve their country. Students and faculty from every university in the state have participated in lobbying efforts - from Boston College Law School's national letter writing campaign advocating for passage of MREA (which resulted in over 3,000 letters being hand-delivered to members of Congress) to Harvard University's "Right To Serve Tour" where openly gay Harvard University students visit military recruitment centers across the Eastern Seaboard, trying to enlist and upload video footage of each encounter onto YouTube.

To be sure, there has been tremendous movement in the last 15 years. But there is more work to be done. In his now-famous "I Have a Dream Speech," Martin Luther King reminded those listening of the "fierce urgency of now" and insisted that "[t]his is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism."

So to here. It is time to repeal "Don't Ask Don't Tell." We need the congressional delegation of every state to support MREA. We need more members of the legal community to volunteer their resources to aid in repeal efforts. We need the voices of college students across the country to call for the end to "Don't Ask Don't Tell." Most importantly, we need our laws to reflect our nation's values and to promote its highest ideals.

11-30-08 By Jackie Gardina, SLDN Board Member |