Bill Ending Don't Ask Don't Tell Approved - What's Next?
Bill Ending Don't Ask Don't Tell Approved - What's Next
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Bill Ending Don't Ask Don't Tell Approved - What's Next?
On December 18, The US Senate gave final Congressional approval toanhistoric bill (S. 4023) which will finally end the Don't Ask, Don't Tell policy. The President is expected to sign the bill in a few days.
Thus will end one of the most disgraceful policies ever imposed by the Unites States military. We owe a lot to the members of Congress who voted for this bill and to the President. He said he would end the policy, and he has done so.
It is also worth noting that several Republicans voted for the bill in the Senate. They include: Senators Richard Burr (North Carolina), Mark Kirk (Illinois), Lisa Murkowski (Alaska), George Voinovich (Ohio), Scott Brown (Massachusetts), John Ensign (Nevada), and Olympia Snowe and Susan Collins (Maine).
California Senators Boxer and Feinstein were among the 49 co-sponsors of the bill in the US Senate.
We should note also that Senator Mc Cain vigorously opposed the bill to the bitter end. If he had won the last Presidential election, this bill would not become law.
However, will have to be patient while the bill is being implemented.
Here is a summary of what the bill does, according to the Congressional Research Service:
" Provides for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify to the congressional defense committees that they have considered the report and proposed plan of action, that DOD has prepared the necessary policies and regulations to exercise the discretion provided by such repeal, and that implementation of such policies and regulations is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention. Provides that, until such time as the above conditions are met, the current policy shall remain in effect."
There are several things of note to highlight in the above summary.
1. The current policy will remain in effect, at least for the near future.
2. The policy will remain in effect for 60 days after the Congress has been notified by the President and the Joint Chiefs of Staff of the US military that all the things have been done to provide an orderly end to the Don't Ask, Don't Tell Policy.
Pentagon sources indicate it will take about a year for the repeal to take full effect.
The legislation also does the following things;
1. It specifically states that the bill does not allow for the provision of any benefits that violate the Defense of Marriage Act. So, if a service member legally marries some one of the same sex in Massachusetts, for example, the spouse would not be eligible for the spousal benefits provided to the spouses of heterosexual service members.
2. The bill also states that "nothing in this section, or the amendments made by this section, shall be construed to create a private cause of action". It appears this would prevent people discharged under the Don't Ask, Don't Tell policy from suing the government for damages.
There had been discussion of stating in the bill that people previously discharged from the military, simply because of their sexual orientation, would be eligible for re-enlistment. That language does not appear to be in the final bill. However, once the policy is dropped, it seems likely that qualified people would be allowed to re-enlist.
With a little patience we will, in time, see an end to the unjust policy towards lesbians, gays, and bisexuals.
You may see a copy of the bill by clicking on the following link:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.4023:
Boyce Hinman
California Communities United Institute
http://www.calcomui.org
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