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New Law Journal Article Examines Impact of “Don’t Ask, Don’t Tell” on Same-Sex Families

WASHINGTON, DC - A newly published article in the Duke Journal of Gender Law and Policy examines the impact of the federal "Don't Ask, Don't Tell" law on the families of lesbian, gay and bisexual service members. The article, Silent Sacrifices: The Impact of "Don't Ask, Don't Tell" On Lesbian And Gay Military Families, was authored by Rebecca Sawyer, Senior Communications Associate for Servicemembers Legal Defense Network (SLDN), and Kathi Westcott, the organization's Deputy Director for Law. The piece highlights the experiences of three former SLDN clients - former Air Force Major Scott Hines, retired Army Lieutenant Colonel Peggy Laneri, and retired Army Staff Sergeant Jeffrey Schmalz and the obstacles their families faced while they were serving in the United States military.

"As civilian law expands to embrace same-sex families, lesbian, gay, bisexual and transgender military personnel find themselves unable to take advantage of those new opportunities because of the ban on open service," said Steve Ralls, director of communications for SLDN. "Don't Ask, Don't Tell" jeopardizes the careers of service personnel who seek to honor their relationships and families by entering into civil unions, domestic partnerships or marriage. Adoption, health benefits and other important areas of family law are also made more difficult for same-sex military families. No American who serves our country should have to face such murky legal waters in order to have a loving family."

The Duke Journal article notes that the "Don't Ask, Don't Tell" law "impacts -- emotionally, financially, and legally -- the lives of the partners and children of gay service members." The plight of gay military families "has garnered little public attention because few families headed by a same-sex couple, in which one partner is currently serving in the armed forces, are willing to risk a career-ending move to tell their story, let alone face the loss of familial privacy by making such a public statement."

A growing number of states provide recognition of same-sex relationships; currently, seven states plus the District of Columbia either allow couples to marry provide recognition conferring legal rights and benefits similar to marriage. "Don't Ask, Don't Tell" however, prohibits service personnel from entering into "marriage or attempted marriage," and service members who do so face dismissal under the law.

"As long as "Don't Ask, Don't Tell" remains public policy, these tensions between duty and family will continue to exist, eroding troop morale, diminishing troop levels, and consequently readiness," the authors write. When the law is repealed, they note, "Gay service members, their partners and children will be allowed to express publicly the joy of a family reunited. Let us finally salute the service of our nation's lesbian, gay and bisexual patriots."

Click here to read the original article.