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The Case for Repeal: DADT Examined at UC Hastings College of the Law

Smart, beautiful people, dressed up and scurrying to and fro – this was the scene at UC Hastings College of the Law on Tuesday. It’s on-campus interview (OCI) time, an anxious, hectic, densely packed period when employers seek future lawyers. In light of military recruiters coming on campus, Hastings offered a panel discussion examining the case for repeal of 10 USC §654, better known as the “Don’t Ask, Don’t Tell” (DADT) federal statute – and what it means.

Leading the panel was Professor Beth Hillman, an expert on military law, and herself an Air Force veteran. The panelists were:

Fellow veteran Juan Walker, now with the US Department of Justice US Attorney’s Office in San Francisco. Juan served in the Air Force while closeted as a gay man. His job as a JAG officer was to prosecute and enforce separation cases under DADT.

Ilona Turner, staff attorney at the National Center for Lesbian Rights (NCLR). Ilona works with families impacted by DADT in cases as diverse as marriage, second parent adoption, custody, and health benefits.

Julian Chang (me), Chair of the Legislative Committee of SLDN’s Governing Board, providing an insider’s viewpoint on DADT repeal process.

We started off with a review of the current statute embedded in law and requiring an act of Congress for its repeal. We have already made history because the provisions repealing DADT are now part of the National Defense Authorization Act (NDAA), which was passed by the full House and the Senate Armed Services Committee in late May. We are now awaiting the full Senate to pass the NDAA – containing the repeal provisions through an expected floor vote in September.

Juan then described his job as an Air Force JAG officer handling discharge cases under DADT. He discussed how commanding officers were very reluctant in many cases to initiate or finalize discharge proceedings. Juan also highlighted the severe inconsistency the statute placed on him when he came to terms with his sexual orientation, and how he eventually left the military in order to lead a life of integrity.

Ilona gave eye-popping examples of how DADT cases impact families and civilians. In one case, an abusive father and ex-husband extorted payment and concessions from the active duty service member ex-wife/mother of his child who happened to be lesbian. All he had to do was to threaten to “out” her to her command and she would have lost benefits for their child, her career, her pension, everything. A civilian, he used the military’s DADT law against her, a soldier.

Professor Hillman spoke about teaching at the Air Force Academy and how DADT is antithetical to the core values of honesty, excellence, and service. Hastings Chancellor and Dean Frank Wu stopped by to emphasize that Hastings is committed to making sure every student regardless of their background, sexual orientation, or belief system is welcome at Hastings and that Hastings took the issue of non-discrimination as a top priority. The Dean’s appearance and endorsement of the fight against DADT was strong validation for the students who had taken the time from OCI to keep a perspective on larger issues in the nation.

Students asked perceptive and probing questions about their peers at military service academies who are leaving in order to stay true to themselves. This raised the issue of whether it is currently safe for gays and lesbians in the US military to come out. The answer right now from the panel was a resounding NO – not until full repeal is achieved.

We discussed how members of the US military ALREADY serve side by side with troops from allied countries that deploy openly gay and lesbian service members. The US military has always handled change well and will adapt to open service when it comes.

Thanks Hastings, for letting us make the case that the time for repeal of DADT is now. Now let's keep up the pressure by writing and calling both your senators today.

09-08-10 By Julian Chang, Chair, Legislative Committee, SLDN Governing Board |