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Chairman of the Joint Chiefs Mullen and newly sworn-in Secretary of Defense Panetta certified today that the US military is trained and prepared for open service by out homosexual servicemembers.
So, bye-bye DADT, right?
No. Not yet.
There are a number of steps, each of them a trap embedded in the enabling repeal legislation, still ahead. It’s important that allies and supporters know this, and it’s critically important that all servicemembers understand that DADT is still the law.
Open service is still prohibited in the US military.
Tom Carpenter at LGBT-POV helpfully points the way through the minefield ahead:
There’s still the 60-day waiting period mandated by the DADT Repeal Act of 2010. It is unclear why this condition was placed in the legislation. Many believe it was demanded by the late Sen. Robert Byrd to insure his vote to get this skeletal bill through the senior chamber of Congress. Sadly, Sen. Byrd had passed away when the final vote on the Repeal Act was taken and his replacement, Sen. Manchin, was out of town attending a family event when that critical vote was taken.
We know the statute requires the Executive-trio to certify to Congress that they have considered the Comprehensive Review Working Group (CRWG) report and proposed plan of action and that the Department of Defense (DOD) has prepared the necessary policies and regulations to exercise the discretion provided by the repeal. Finally, they must certify that implementation of such policies and regulations are consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention. Until such time as all these conditions are met, DADT remains in effect.
What’s the 60-day waiting period all about, you ask? Funny, that — especially given the change of House control to the teabaggers this January and the newly up-armored House Armed Services Committee:
These are the same people who now control the most conservative committee in the House of Representatives, the HASC. The one and only hearing they have held on DADT, since taking the majority in the House, was to review the progress the military had made in training the force. As I reported on April 21, 2011, they were not happy the Chiefs all testified that training was going well and the force would be prepared to implement this change in personnel policy on schedule.
So now the ball is back in their court. What should we expect?
The Republicans control the HASC. Lead by Buck McKeon, (R-CA) a conservative Mormon who will be aided by the Chairman of the Personnel Subcommittee, none other that Republican Joe “You Lie!” Wilson (R-SC) – all you have to do is look at a few of the other committee members to anticipate what they will be up to.
Carpenter does an excellent job describing the other no-goodniks the GOP has assigned to this committee and the likelihood of the political barricades they’ll put in front of open service to feed their constituents’ anger: read his whole article here.
He concludes with this warning:
To everyone who thinks DADT – and its vestiges – is dead and there is nothing else to do, to ensure LGB service members are treated equally to their straight brothers and sisters in arms, think again.
So, no — we’re not there yet.
Servicemembers Legal Defense Network repeats the warning to those serving in silence AND their on-duty knowing allies:
STILL AT RISK: Despite the certification issued today, it is still unsafe for service members to come out until September 20, 2011, when repeal of “Don’t Ask, Don’t Tell” will become final. Click here to read our warning to service members.
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Those few diehards who pop up to tell us not to give up on President Obama most always cite 3 accomplishments 1) Affordable Health Care Act 2) Financial Reform (the best since 1946!!) and 3) Repeal of DADT.
The first is a lot less than advertised and shrinking day by day in the budget negotiations. The second is clearly dead. And now the third is obviously not going to happen. And the President will not stand up and fight for any of them.
Update: Here is the President’s certification to Congress.
FOR IMMEDIATE RELEASE
July 22, 2011
Statement by the President on Certification of Repeal of Don’t Ask, Don’t Tell
Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality. In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met. ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011.
As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness. Today’s action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal. As of September 20th, service members will no longer be forced to hide who they are in order to serve our country. Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.
I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war. I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition. Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that the define us as Americans.
Attached are the certification and transmittal letters concerning the repeal of Don’t Ask Don’t Tell.
Thanks for the info, Teddy. Disappointing.
I’d seen Obama had signed the certification, and assumed today was a holiday. September 20, then; it’s a Tuesday.
One of the few good BeeGees tunes for you:
http://www.youtube.com/watch?v=CCQWBIPE53I
Why am I not surprised…homophobes. This country flies with jet engines in reverse…day by day.
All GLBT active service members need to listen to my friend Tom Carpenter and wait for final repeal before serving openly. I have a feeling this could still take months. Even though repeal has passed the Congress already, it wouldn’t shock me if the Republicans didn’t demand a halt to “study” the question till after the election, and I’m not sure that our President wouldn’t agree to a delay — he has surrendered on everything else.
Yes, I am VERY leery of all the “September 20th” publicity, and was happy to pass along Carpenter’s expertise on the process ahead. There’s many a mine in that field.
Pentagon, civilians and brass alike, can expect to spend many days testifying between now and then in front of the HASC. ‘Critters looking for a reason to delay, obfuscate, and entrap.
I have nothing against repealing DADT, but I think military service has become too expansive. IMHO, service should be limited to Trust-Fund kids and the kids of politicians.
Fixed it for you because no matter what happens with LGB service members, the transgendered service members will still be forced to hide. That’s who the “T” is for btw so including them in any statements regarding DADT is both misleading and irresponsible. And will the LGB community come to our aid on this when they are finally allowed to serve openly? Judging by recent history, I won’t be holding my breath.
Sorry Teddy, it needed to be said.
Yep.
And you know what about that Sep. 20 date? Made me realize it’s a little over a month away from being Four Frikking Years since the McClurkin episode that I’ve had my hackles up about Obama & LGBT rights.
I’m so tired of all the GOP’s bs hate mongering. Shoot, half those boys are in the closet anyway! There were LGB personnel that I served with, and there was never any issue. All these old hateful men need to go away.
The US Army has been around since June 14, 1775, before we were an official country and I absolutely guarantee that there were GB and T service members and almost certainly an L or two in that first US Army.
The Marines since November 10, 1775! And I share your opinion. At least soon they can be themselves. I never had a problem with that, and I was in and Infantry Unit.
Supporting the expansion of today’s military in any form is essentially condoning its actions today.
A real leader would have been out front on the repeal of DADT and DOMA, too. We would be publicly celebrating another step in the direction of growing up into full recogonition of the personhood of all our citizens, regardless of sexual orientation.
Instead, O waffled and weazled and had to be forced to do the right thing. It’s progress, of course, but he has a way of taking the air out of the balloon of our progressive aspiratios.
No, you’re right Margaret.
My mistake, and one Tom doesn’t make, you’ll notice.
I did notice that Carpenter didn’t make that mistake but neither did you Teddy, except in one of your tags and that doesn’t count. :)
As he hangs around with people like Rick Warren and Donnie McClurkin, I’m surprised that we’ve made any progress toward equality at all. A fierce advocate wouldn’t have friends like that and that’s just the way reality works.
“All GLBT active service members need to listen to my friend Tom Carpenter and wait for final repeal before serving openly.”
No. You should have said all GLB active service members need to listen to your friend Tom Carpenter and wait for final repeal before serving openly. Transgender service members may not serve openly after final repeal since the repeal didn’t include us.