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May 13, 2009
By: Hilzoy

Repeal 'Don't Ask, Don't Tell'

Lt. Daniel Choi, who recently came out as gay, wrote a letter to Barack Obama, citing the values of honesty and integrity that he learned at West Point, and asking: "Please do not wait to repeal Don't Ask, Don't Tell. Please do not fire me." He also makes some very good points about the effect of DADT on the Army itself:

"I have personally served for a decade under Don't Ask, Don't Tell: an immoral law and policy that forces American soldiers to deceive and lie about their sexual orientation. Worse, it forces others to tolerate deception and lying. These values are completely opposed to anything I learned at West Point. Deception and lies poison a unit and cripple a fighting force.

As an infantry officer, an Iraq combat veteran and a West Point graduate with a degree in Arabic, I refuse to lie to my commanders. I refuse to lie to my peers. I refuse to lie to my subordinates. I demand honesty and courage from my soldiers. They should demand the same from me. (...)

The Department of the Army sent a letter discharging me on April 23rd. I will not lie to you; the letter is a slap in the face. It is a slap in the face to me. It is a slap in the face to my soldiers, peers and leaders who have demonstrated that an infantry unit can be professional enough to accept diversity, to accept capable leaders, to accept skilled soldiers.

My subordinates know I'm gay. They don't care. They are professional.

Further, they are respectable infantrymen who work as a team. Many told me that they respect me even more because I trusted them enough to let them know the truth. Trust is the foundation of unit cohesion. (...)

Do not fire me because my soldiers are more than a unit or a fighting force -- we are a family and we support each other. We should not learn that honesty and courage leads to punishment and insult. Their professionalism should not be rewarded with losing their leader. I understand if you must fire me, but please do not discredit and insult my soldiers for their professionalism."

It has always seemed obvious to me that Don't Ask, Don't Tell is immoral and discriminatory. But I've never understood why it isn't clear that it's also an insult to the professionalism of the military. The very idea that our soldiers should not be quite capable of subordinating their personal beliefs to the needs of their unit is as insulting. The idea that if some of them can't, we should fire the people they object to rather than the ones who cannot be counted on to put their jobs first is just bizarre.

That said, I am wary of asking Obama to simply set aside a law, however misguided. I didn't like it when Bush did that, and I don't like it now. The idea of suspending it while the administration "studies" it seems like a disingenuous way to get around the law. The Palm Center (pdf) has a better idea:

"The President has the authority to issue an executive order halting the operation of "don't ask, don't tell." Under 10 U.S.C. § 12305 ("Authority of the President to Suspend Certain Laws Relating to Promotion, Retirement, and Separation"), Congress grants the President authority to suspend the separation of military members during any period of national emergency in which members of a reserve component are serving involuntarily on active duty."

I am not a lawyer, so I don't know whether this would work, but if it could, Obama should use it. (Unlike the idea of studying DADT, this would not be a dodge: we do need, for instance, Arabic linguists like Lt. Choi.)

Whether or not Obama can legally suspend DADT, though, Congress plainly can. HR 1283, which would repeal DADT, is still in committee. Nancy Pelosi should move it as quickly as possible. While Congress dawdles, people's careers are being ended. And that's not right.

Hilzoy 1:30 AM Permalink | Trackbacks | Comments (5)

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Comments

Speaking as a gay man and 16-year Navy veteran, let me say that the very notion that the military can regulate sexual orientation is simply ludicrous at fce value. What the military can do is regulate personal sexual behavior, and on this they've done a mediocre job.

It is my considered observation that the biggest sexual morale problem the military faces within its ranks today stems not from the imaginary threat posed by gay men and lesbians to their straight colleagues, but rather from the very real discrimination and abuse far too many straight males in position of authority visit on an almost daily basis upon female soldiers / sailors / airmen under their command, or upon the wives / girlfriends of male subordinates.

Posted by: Out & About in the Castro on May 13, 2009 at 4:54 AM | PERMALINK

In order to show the silliness of DADT, I always thought it should have been applied equally and hold heterosexuals who commit adultery to the same standard. If the brass discovered such a situation, the perpetrator should have been drummed out of the military.

Posted by: Bonnie on May 13, 2009 at 5:23 AM | PERMALINK

Here's a thought: That SGT who opened up on a crisis center in Iraqg didn't do it because his CO was gay.

Maybe, just maybe, there are other issues that are affecting morale within the military right now.

And kicking out good soldiers who are needed overseas, just because of their orientation, doesnt' help, either.

Posted by: 2Manchu on May 13, 2009 at 11:25 AM | PERMALINK

Pres. Obama has stated he wants this overturned. He even sent a personal note to a young lady the other day that Rachel Maddow read on her program. He has stated he wants it done through Congress, it needs to be done there.

Yes, he could do it through an Executive Order, but that could very easily be overturned by the next President, whereas if the Congress makes it a law it will be more effective.

Congress needs to step up and do the will of the people and the military.. that said, if the military does support the repeal of DADT as has been stated, why are they kicking these men and women out? They could just refuse to do it.

No reason for them to continue to do it other than they choose to, they could just turn their backs and pretend not to hear. Just as they do for other things that happen.. don't tell me they don't.

Posted by: Annette on May 13, 2009 at 1:01 PM | PERMALINK

Yes, he could do it through an Executive Order, but that could very easily be overturned by the next President, whereas if the Congress makes it a law it will be more effective.

NO. HE. CAN'T.

DADT is not just a military policy in DOD regulations. It is federal law, enshrined in Title 10 of the U.S. Code, Subtitle A, Part II, Chapter 37, Section 654, which specifically states, "Gays not allowed in the military." It is a federal law, from which the corresponding Department of Defense and individual service regulations are derived. This federal law is not something that can be set aside for good by Executive Order. People need to stop spreading that misinformation. It is a federal law and as such must be repealed by Congress.

HOWEVER, as Commander-in-Chief, what Obama CAN do is to order that all investigations, prosecutions, and discharge proceedings against suspected gay personnel be suspended while the military policy derived from the U.S. Code is under review. THAT is perfectly legal. The CINC has the authority to do that. We all know he won't, because it's been demonstrated that President Separate-But-Equal doesn't give a rat's ass about LGBT people. But he could if he really wanted to.

Out and About In the Castro has it spot-on. Gays have no negative effect on a military unit until homophobic bigots rip the unit apart during witch hunts and discharge proceedings. Heterosexual fraternization, harassment, adultery, and rape are far more common, and are all criminal behaviors. Sadly, those go unremarked upon as a normal part of military culture. It's gays who are the sexual criminals, dontcha know.

I do wonder what would happen if Rethugs ever really learned the meaning of the phrase "informed consenting adults." The pink mist from exploding heads would be enough to water all the national parks.

Posted by: Keori on May 13, 2009 at 2:31 PM | PERMALINK




 

 

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