Frontlines: The Latest from OutServe-SLDN

What Can Be Done Now on DADT

By Aubrey Sarvis
Huffington Post
July 7, 2009

This is getting ridiculous. In fact, it's beyond ridiculous -- if it weren't so sad. "Don't Ask, Don't Tell" is fast becoming the buck that never stops. It's passed from Congress to the Pentagon to the White House and back again. And again. And again. The gift that keeps on giving? Thank you, Congress.

Yes, President Obama has tested the patience of many when it comes to the speed -- or rather the lack of it -- in fulfilling his promises on gay rights in general and "don't ask, don't tell" in particular. He talks the talk -- and quite eloquently, too -- but his walk is still tentative and at times wobbly. Yes, the Joint Chiefs of Staff and their Chairman, Admiral Mullen, and their boss Defense Secretary Robert Gates have been dragging their feet. No big surprise there. But the fact is, 16 years ago Congress passed this offensive law and Congress owns it today. But Congress could easily disown it.

Opportunity awaits when the Senators return to Washington this week. In short order they will be debating the Defense Department budget. All the Senators need do is pass an amendment to the Defense Department bill directing Secretary Gates to stop DADT investigations while Congress acts on full repeal. A simple, straightforward way for the Senate to begin undoing the mess the Senate created is to add language to the Defense authorization bill that "directs the Secretary of Defense to instruct the Secretaries of each of the armed services that there may be no investigation or inquiry into, or any administrative action relating to conduct described in 10 U.S.C. § 654(b), 'Policy concerning homosexuality in the armed forces,' until the end of the 111th Congress, provided that this shall not limit the authority of the Secretaries of the armed services with respect to conduct that would violate the Uniform Code of Military Justice."

The Senate Democratic caucus, now sixty members strong, should eagerly get behind this amendment. Moderate and responsible Republicans and Independents can and should support it. In fact, is there a single Senator who, in a time of two wars, wants to stand up on the Senate floor and say of patriotic service members who have volunteered to fight and if necessary give their lives for their country, "They're gay. Kick 'em out"?

When the Senate passes this amendment to the Defense authorization bill (notice I say "when," not "if"; I'm an optimist), it goes back to the House where Speaker Pelosi can show that she and Senate Majority Leader Harry Reid are in this fight -- this fight that never should have been a fight -- together.

Even Secretary Gates has moved from "the president and I feel like we've got a lot on our plates right now and let's push that one [DADT] down the road a little bit" (last March) to "if we do it" (last April) to seeing "if there's at least a more humane way to apply the law until the law gets changed" (last week). Humane? Well, I won't quibble; at least he's moved from if to when, and he was discussing it with the senior military and with the president the week before. In his press conference last week, the Secretary said the question is "how do we begin to do preparations" and at the same time how does "the administration move forward in terms of asking the Congress to change the law"? He's also looking at what "flexibility" there is in the law as it now stands. Well, that's progress. Not nearly enough progress but it's still progress. Only General Colin Powell and former Senator Sam Nunn, both largely responsible for "don't ask, don't tell" in the first place, are still calling for yet another review, another "study" -- but not for repeal.

The New Republic takes the president to task in a tough editorial this week. "[N]othing is more infuriating than Obama's refusal to act on Don't Ask, Don't Tell. . . . discrimination in our armed forces carries a potent symbolism: It tells an entire class of people that the country is not interested in their service."

The editorial cites the Gallup poll showing 69 percent of Americans believe that gays should be able to serve their country openly. "To put that number in perspective, it is 25 points higher than the percentage of Americans who endorse Obama's handling of health care, 19 points higher than the percentage who currently support the war in Afghanistan, and 18 points higher than the percentage who approve of the administration's economic policies. Obama is not afraid to push health care reform, send more troops to Afghanistan, or stand by his stimulus program -- nor should he be. But why, when it comes to the far less controversial cause of gays serving in the military, is he apparently willing to punt?"

They've all been punting -- the president, the Secretary of Defense, the Joint Chiefs of Staff, and the United States Congress as well. Surely these men and women are not wimps. Now let the Senate amend the Defense authorization bill, let the Pentagon and the president support it loud and clear, let the House endorse it, and the president sign it. Then the president and the Congress can work together to wipe this entire shameful law off the books. For good.

By Aubrey Sarvis, SLDN Executive Director |

5 Comments

Comments for this entry are closed.

Sid Stickmanq in Fredericksburg, VA on July 15, 2009 at 10.25 pm

Yes the number of DADT discharges goes up everyday, so does the number of discharges for homosexual “conduct” in which SLDN refuses to help….SLDN advances a cause, but in reality does little to help individual service members…I am a 23 yr old veteran (USMC) who lost everything while SLDN sat on the sidelines…..

Mark Delapole in Colorado on July 14, 2009 at 04.17 pm

I love the arguments that the executive branch can’t selectively act on Congressional law… they do it everyday.  There have been more gay soldiers expelled from the military this year than aliens deported… go figure.

RADM Alan M. Steinman, USPHS/USCG (Ret) in DuPont, WA on July 08, 2009 at 02.35 pm

It is long past time for the House of Representatives to take up the Military Readiness Enhancement Act, HR1283, a bill that would repeal the Don’t Ask, Don’t Tell (DADT) law and allow gays and lesbians to serve honestly. 

Thousands of gay and lesbian service members are already serving openly in today’s military, as indicated by the 2006 Zogby International poll of Iraq/Afghanistan veterans. That poll found that 68% of the troops either knew for certain or suspected there were gays in their own unit. And combat readiness, unit morale and unit cohesion continue to be outstanding. Since the current Don’t Ask, Don’t Tell law was passed under the assumption that unit morale, unit cohesion and combat readiness would be degraded by the mere knowledge of the presence of gay troops, the reality on the ground right now in both theaters of war demonstrates the falsity of these assumptions.  Gays and not only serving, but serving with the explicit knowledge of their peers and sometimes even of their commands.
Yet the continued existence of the current “Don’t Ask, Don’t Tell” law means these men and women are at risk of being discharged from the military; they have to live in fear that at any moment, their careers and their service to the nation can be terminated by this unnecessary law; and they have to lie to their peers, violating the very Honor Codes they serve under.
HR1283 would simply let patriotic gay and lesbian Americans serve their nation in the military under the exact, same rules and regulations as apply to their straight peers. Does not equality of service matter in our nation? 75% of the American people think so, and they support allowing gays and lesbians to serve honestly.  Even more importantly, 73% of the polled Iraq and Afghanistan veterans said they were comfortable serving with gays and lesbians.

Clayton Hagan in Chicago on July 08, 2009 at 09.05 am

I’m concerned about these ‘calls for further study’ so that the law can be changed in a ‘measured way’ as General Powell suggested last week.  Another senator whose name escapes me favors a survey of active duty military on how they feel about serving with openly gay people. I thought that had already been done.  And what about that old Crittenden Report?  I don’t think this kind of thing happened when they integrated women or even blacks before that.  What concerns me is that if (but hopefully when) the law is changed, it won’t be what we all assume and hope for but something much more watered down. I’m afraid they are not going to just remove that ‘homosexual policy’ brief from the JAG during orientation or change the paperwork at the recruiter’s.  All those coming home segments on CNN where a wife’s soldier/husband comes home and they have that big kiss and hug.  Gay servicemembers deserve that same homecoming.  But I think that visibility scares the bejesus out of our leaders.  I think in ‘measured ways’ they can still diminish gay people.  I’m optimistic too, now more than ever.  But I’m also realistic and unfortunately I think this is going to be a long, long fight.

Bleu Copas in Johnson City, TN on July 08, 2009 at 07.46 am

I get the feeling that each of these elected decision-makers are afraid of losing the moderate votes they received in the last election, perhaps upsetting a long-standing member from his/her seat. They have a look of fear in their eyes as they get comfortable in their new setting, and are intentionally not going to be the one to ‘rock the boat.’

One, we need a few more that are willing to ‘rock the boat’ and speak out on the floors of our Congress, to help these gunshy members see it is ok to go with their gut—their gut is surely telling them the sensible and ‘humane’ thing to do. Must we stagnate in this cess pool of fear and point fingers to someone else to pull the drain. Come on, already!

Secondly, I’m betting when given the numbers of our nation’s approval for repealing this law, they pass the puck again. I’ve found that a lot of folks will blame the ‘more liberal’ public opinions must certainly only come from larger metro/urban areas, like there are enough folks somehow in San Francisco (the apparent mecca of ‘liberal agenda’), Chicago, LA, NYC…that they skew the results of ‘everyone else.’

Folks, wakeup, the last few elections show, this country is very evenly balanced in regards to the extreme left and right, and slowly we’re all communing in the middle moderate.

Congress members, give your constituents credit! Just because you serve a traditionally conservative district, doesn’t mean you have to subscribe to the same interests of those same conservatives in the 70s, 80s, and even 90s, to some extent. They too have changed with the evolution of our society’s diversity.

Today is the day! Snatch the power away from our oppressive past, and leave it lying there gasping its final breaths. Breathe life and empowerment into your every move. Realize the limiting nature of fear, and relish the pride you can have in celebrating our diversity.