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DADT Repeal Means Joy, Sorrow, And Still A Threat Of Discharge For Now

12/21/10-by Bridgette P. LaVictoire
President Barack Obama will be signing the repeal of Don’t Ask, Don’t Tell tomorrow, well, the bill that will let him eventually repeal the law. The repeal bill will not mean that discharges will end tomorrow. Lesbian and gay soldiers will still be in danger of discharge if they are outed, but with the current structure of discharges, it is unlikely that there will be all that many discharges. That will have to be up to Secretary of Defense Robert Gates. Transpeople are not covered by this repeal as they are excluded from service due to the requirements in the military for mental health and major surgeries. Transsexuality is still seen as being a mental disorder thanks to the DSM IV, and it may not be possible to change military policies on transsexuality until after that has been changed.

Here is the President’s statement regarding the repeal of DADT:

“As the President has long said, ending ‘Don’t Ask, Don’t Tell,’ and allowing gay men and women to serve openly in the military, will strengthen our national security while upholding the basic equality on which this nation was founded. The President looks forward to signing the bill into law.”

Meanwhile, SLDN is warning service personnel to not come out until the all clear comes.

“We need the media’s help to let troops know they remain at risk under the law even after the President signs the bill. The Pentagon just released new guidence that made clear “Don’t Ask” may still be the law for some time to come. We respectfully renew our call for Defense Secretary Robert Gates to use his authority to suspend all ‘Don’t Ask, Don’t Tell’ investigations during this limbo period. Until the President signs the bill, until there is certification, and until the 60-day implementation period is over, no one should be investigated or discharged under this discriminatory law. Certification and the implementation period must be wrapped up no later than the first quarter of 2011. The bottom line: for now, gay, lesbian, and bisexual service members must remain cautiously closeted,” said Aubrey Sarvis, Army veteran and executive director for Servicemembers Legal Defense Network.

PRESIDENTIAL BILL SIGNING:

Even after the President signs the bill, service members will remain at risk for investigation and discharge. “Don’t Ask, Don’t Tell” will still be the law until 60 days after the Commander-in-Chief, Secretary of Defense, and Chairman of the Joint Chiefs certify repeal can happen. Read SLDN’s warnings to service members: www.sldn.org/StillAtRisk.

WHAT IS CERTIFICATION:

The President would transmit to the congressional Armed Services Committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following:

o (A) That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report’s proposed plan of action.

o (B) That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f).

o (C) That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

“Don’t Ask, Don’t Tell” will still be the law at this point. Service members will still be discharged. Read SLDN’s warnings: www.sldn.org/StillAtRisk.

REPEAL EFFECTIVE 60 DAYS AFTER CERTIFICATION TRANSMITTAL:

After the President transmits written certification to the congressional Armed Services Committees, full repeal of “Don’t Ask, Don’t Tell” would be effective 60 days later.

EXECUTIVE ORDER BY THE PRESIDENT:

Merely repealing DADT won’t ensure that lesbian, gay, and bisexual service members can serve free of discrimination based on their sexual orientation. Policies and regulations would need to be written and put in place. SLDN will encourage the President to issue an executive order protecting service members from discrimination based on their actual or perceived sexual orientation.

o This gives the President the opportunity to show strong leadership by adding non-discrimination on the basis of sexual orientation to the uniform side of the military via Executive Order.

o EO 9981 (1948) issued by President Harry Truman prohibited discrimination in the armed services on the basis of race, color, religion or national origin.

o EO 11478 (1969) prohibited discrimination in employment within the federal government based on race, color, religion, sex, national origin, handicap, or age. It applied to all civilian employees, including those in the Defense Department.

o EO 13087 (1998) issued by President Bill Clinton added sexual orientation in federal employment guidelines has been successful and set a durable precedent. OPM issued a guidance booklet in 1999.

Meanwhile, the Service Women’s Action Network has applauded the repeal legislation being passed:

NEW YORK, NY – The Service Women’s Action Network (SWAN) applauds

Saturday’s historic Senate vote to repeal the discriminatory Don’t Ask, Don’t Tell

(DADT) policy which disproportionately affected women and people of color. The

Service Women’s Action Network extends thanks to the many different groups,

particularly the military and veterans repeal organizations, who have worked tirelessly for years to put an end to DADT.

“This is a historic day for equality,” said Anuradha Bhagwati, former Marine Corps

Captain and Executive Director of SWAN. “But the military has a long way to go before

equality exists. Gay-bashing and lesbian-baiting have historically been used to intimidate LGBT servicemembers into silence. With the repeal of DADT, gays and lesbians will at least be able to report sexual harassment and sexual assault without being discharged, but they still remain an unprotected class under Equal Opportunity policy. They remain at great risk of retribution and discrimination.”

“We must learn from history. The armed forces have done a poor job thus far in protecting servicewomen from gender-based violence and discrimination. The influx of openly serving LGBT servicemembers will require the military to do two things: Take a hard look the existing Equal Opportunity policy to ensure it provides adequate protections for gays and lesbians, and hold commanders accountable for enforcing it.”