Senate Rejects Repeal of "Don't Ask, Don't Tell

by John M. Curtis
(310) 204-8700

Copyright December 9, 2010
All Rights Reserved.                                

              When the Pentagon’s special review of the Clinton-era “don’t ask, don’t tell” policy surfaced Dec. 1, proponents, including Defense Secretary Robert Gates, jumped on the bandwagon to justify the repeal.  Commissioned by Congress, the Pentagon’s report found that 70% of service members thought open gay or lesbian service would have little or no impact on their military jobs.  Of the 3,000 military chaplains in the armed services, most found ending the 17-year-old “don’t ask, don’t tell” policy objectionable on moral grounds.  NATO allows gays to serve openly in the armed services without any disruption, despite continued resistance from the Pentagon.  Defense Secretary Gates, who supports ending “don’t ask, don’t tell,” urged Sen. John McCain (R-Ariz.) to end his opposition, warning that failing to act would force the issue into the federal courts.

            Ending the ban is consistent with current federal laws protecting same-sex individuals under the 14th Amendment Equal Protection Clause.  Rulings in Massachusetts and California high courts have equated gender issues with civil rights, citing the 1954 landmark ruling Brown v. Board of Education to ban domestic partnerships as separate but equal treatment.  With today’s 57-40 Senate vote to end debate in the lame-duck session to repeal “don’t ask, don’t tell,” it continues the 17-year-old Clinton era policy.  Sen. Armed Services Committee Chairman Carl Levin (D-Mich.) and McCain blasted the Pentagon report for not asking the troops whether they wanted the “don’t ask, don’t tell” policy repealed.  “That [omission] to me makes this whole exercise here, that took so much time and effort and money, a bit of an unrealistic situation,” said McCain blocking the legislation.

            Pentagon’s study of service men and women’s attitudes about “don’t ask, don’t tell” found that 70% surveyed have a positive, mixed or no effect regarding gays or lesbians serving in the military.  About 40%-60% of those serving in a combat duty had negative views about serving with openly gays.  “Were in the front lines of a turning point in American history,” said Sen. Joe Lieberman (I-Conn.), supporting repealing the “don’t ask, don’t tell” policy.  He and other Democrats on the Armed Services Committee equate the “don’t ask, don’t tell” policy with military discrimination against blacks and women during the 1950s.  “You have nearly half of those who have been deployed who say that it would be negative,” said conservative Sen. John Thune (R-S.D.).  “Combat readiness and effectiveness is really the bottom line,” implying differences between gays and straights.

            For 17 years, “don’t ask, don’t tell” enabled gays and lesbians to serve in the military as long as they don’t reveal their sexual identities.  Today’s civil rights laws no longer support the kind of gender discrimination that once existed, prompting the nationwide gay marriage movement.  While conservatives in Congress take a step backward, the U.S 9th Circuit Court of Appeals in San Francisco weighs the constitutionality of California’s Prop 8 that banned gay marriage Nov. 5, 2008.  Tossed out Aug. 8, U.S. District Court Judge Vaughn Walker concluded the ballot initiative violated the 14th Amendment, denying gays and lesbians equal protection under the law.  Domestic partnerships or civil unions have been ruled unconstitutional in Massachusetts for violating Brown v. Board of Education, creating a separate but equal type of gender discrimination.

            Opposing the repeal of “don’t ask, don’t tell,” McCain pointed to the Pentagon survey that indicated 12% of soldiers said, if repealed, they would quit the service.  “You think it’s a good idea to replace 264,000 troops across the force at a time of war,” asked McCain, questioning a knee jerk reaction to replace “don’t ask, don’t tell.”  Chiefs of staff of the Army, Navy, Air Force and Marine Corps all oppose repealing the 17-year-old policy.  While the Pentagon brass have not caught up with modern times, McCain should see the wisdom in changing a discriminatory policy that could be easily corrected by affording troops a little sensitivity training.  Gay and lesbian soldiers must understand that it’s not appropriate to wear sexuality on one’s sleeve, preferring more discreet expression.  Gay enlisted personnel or noncommissioned officers must keep their identities close to the vest.

            Pentagon officials and conservatives in the U.S. Senate must get up to speed on developing better policies that don’t discriminate against gays and lesbians in the military.  When gays and lesbians enlist in the voluntary military, they take the same risks as heterosexuals serving their country.  Opposition for opposition sake isn’t good enough to deal with substantive Constitutional issues that must be resolved before ending “don’t ask, don’t tell.”  When it comes to ending the policy, the practical implementation must come from branch service chiefs, supporting a policy that they know works for NATO and will work with a little backing in the U.S. as well.  “Sen. McCain and his staff are currently in the process of carefully reviewing the Pentagon’s report regarding the repeal of “don’t ask, don’t tell,” said McCain spokeswoman Brooke Buchanan, hinting at some eventual movement

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

©1999-2012 Discobolos Consulting Services, Inc.
(310) 204-8300
All Rights Reserved.