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One Year After President Signs “Don’t Ask, Don’t Tell” Repeal, More Work To Do
For Immediate Release:
Thursday, December 22, 2011
Contact:
Zeke Stokes: 202.621.5406 or zeke@sldn.org
(WASHINGTON, D.C.) On the first anniversary of the signing of legislation enabling the repeal of "Don't Ask, Don't Tell" (DADT) by President Barack Obama, Army Veteran and SLDN Executive Director Aubrey Sarvis thanked the President, Congress, and the Pentagon for their efforts to repeal the discriminatory law, but reminded political and military leaders of the additional work remaining to be done to achieve full LGBT equality in America's military. On December 18, 2010, the Senate approved final passage of repeal legislation and on December 22, 2010, Obama signed the bill into law. Repeal took effect on September 20, 2011, following extensive preparations by the military, as well as certification made by the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff that the armed forces were ready for implementation.
"The repeal of 'Don't Ask, Don't Tell' was a monumental milestone on the road to equality for gay and lesbian service members, but there is more work to be done to achieve full equality for every LBG service member and qualified patriot who may wish to serve our nation in the armed forces," said Sarvis.
Servicemembers Legal Defense Network, along with co-counsel Chadbourne and Parke, filed landmark litigation in federal court in October to address the issue of equal family recognition, support, and benefits for married gay and lesbian service members and veterans. The plaintiffs, each legally married, want the armed services to recognize their families and seek the same family support and benefits for their same-gender spouses that the services and Department of Veterans Affairs provide to opposite-gender spouses. The case, filed in the District of Massachusetts, challenges the constitutionality of the so-called Defense of Marriage Act (DOMA), as well as provisions in Title 10, Title 32, and Title 38 of U.S. Code, which preclude the military from providing same-gender married couples with the same benefits and family support as their straight, married peers.
This case is about one thing, plain and simple. It’s about justice for gay and lesbian service members and their families in our armed forces rendering the same military service, making the same sacrifices, and taking the same risks to keep our nation secure at home and overseas, said Sarvis. These couples are in long term, committed, and legally recognized marriages, and the military should not be forced to turn its back on them because the federal government refuses to recognize their families.
In addition, SLDN has called on the Obama Administration to issue an executive order or departmental directive prohibiting harassment and discrimination on the basis of sexual orientation and gender identity. Such an action would give LGBT service members recourse outside their chain of command if they are experiencing discrimination or harassment.
Every service member deserves equal respect in the work environment, and it’s critical that gay and lesbian service members have the same avenues for recourse as their straight counterparts when it comes to discrimination and harassment,” said Sarvis.
He also reminded supporters of full LGBT military equality that the repeal of DADT is under attack and vowed to remain vigilant in defense of the progress that has been made.
"Let us not forget that our victory to repeal 'Don't Ask, Don't Tell' did not come without a fight, and since the President signed the bill, we have been forced to defend the progress we've made at every step. Even as our nation's senior military leadership went to Capitol Hill to testify that training and repeal were proceeding smoothly; even as the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff were certifying that the military was ready for repeal; and even as repeal took effect and has proceeded without incident since September, it has been against a backdrop of rhetoric and attacks from would-be presidents, right-wing special interest groups, and a few members of Congress stuck in the past."
"What a difference a year makes. But when it comes to achieving full equality in America's military for every qualified patriot who serves -- regardless of sexual orientation -- we are not there yet," he said.
ABOUT SLDN: Servicemembers Legal Defense Network (SLDN) is a non-partisan, non-profit, legal services and policy organization dedicated to bringing about full LGBT equality to America's military and ending all forms of discrimination and harassment of military personnel on the basis of sexual orientation and gender identity. SLDN provides free and direct legal assistance to service members and veterans affected by the repealed "Don't Ask, Don't Tell" law and the prior regulatory ban on open service, as well as those currently serving who may experience harassment or discrimination. Since 1993, our in-house legal team has responded to more than 11,000 requests for assistance. To learn more, visit www.sldn.org.
SLDN FREE HOTLINE: Lesbian, gay, bisexual and transgender service members with questions are urged to contact the SLDN hotline to speak with a staff attorney: Call 1-800-538-7418 or 202-328-3244 x100.
