Anne Flaherty

Senate ends DADT

The President will soon sign a Congress-approved repeal of the military's 17-year ban on openly gay troops

Sen. Joe Lieberman, I-Conn., left, and Senate Majority Leader Sen. Harry Reid, D-Nev., right, with Joe Solmonese, president of the Human Rights Campaign, center, head to a news conference about the "Don't Ask Don't Tell" bill on an unusual Saturday session on Capitol Hill in Washington Saturday, Dec. 18, 2010. Repeal would mean that, for the first time in American history, gays would be openly accepted by the military. Reid said a final vote would come at 3 p.m. (AP Photo/Alex Brandon)(Credit: AP)

In a historic vote for gay rights, the Senate agreed on Saturday to do away with the military’s 17-year ban on openly gay troops and sent President Barack Obama legislation to overturn the Clinton-era policy known as “don’t ask, don’t tell.”

Obama was expected to sign the bill into law next week, although changes to military policy probably wouldn’t take effect for at least several months. Under the bill, the president and his top military advisers must first certify that lifting the ban won’t hurt troops’ ability to fight. After that, the military would undergo a 60-day wait period.

Repeal would mean that, for the first time in American history, gays would be openly accepted by the armed forces and could acknowledge their sexual orientation without fear of being kicked out.

More than 13,500 service members have been dismissed under the 1993 law.

“It is time to close this chapter in our history,” Obama said in a statement. “It is time to recognize that sacrifice, valor and integrity are no more defined by sexual orientation than they are by race or gender, religion or creed.”

The Senate voted 65-31 to pass the bill, with eight Republicans siding with 55 Democrats and two independents in favor of repeal. The House had passed an identical version of the bill, 250-175, earlier this week.

Supporters hailed the Senate vote as a major step forward for gay rights. Many activists hope that integrating openly gay troops within the military will lead to greater acceptance in the civilian world, as it did for blacks after President Harry Truman’s 1948 executive order on equal treatment regardless of race in the military.

“The military remains the great equalizer,” said Sen. John Kerry, D-Mass. “Just like we did after President Truman desegregated the military, we’ll someday look back and wonder what took Washington so long to fix it.”

Sen. John McCain, Obama’s GOP rival in 2008, led the opposition. Speaking on the Senate floor minutes before a crucial test vote, the Arizona Republican acknowledged he couldn’t stop the bill. He blamed elite liberals with no military experience for pushing their social agenda on troops during wartime.

“They will do what is asked of them,” McCain said of service members. “But don’t think there won’t be a great cost.”

How the military will implement a change in policy, and how long that will take remains unclear. Senior Pentagon officials have said the new policy could be rolled out incrementally, service by service or unit by unit.

In a statement issued immediately after the vote, Defense Secretary Robert Gates said he will begin the certification process immediately. But any change in policy won’t come until after careful consultation with military service chiefs and combatant commanders, he said.

“Successful implementation will depend upon strong leadership, a clear message and proactive education throughout the force,” he said.

Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, said he welcomes the change.

“No longer will able men and women who want to serve and sacrifice for their country have to sacrifice their integrity to do so,” he said. “We will be a better military as a result.”

Sen. Carl Levin, a chief proponent of repeal, said he has received a commitment from the administration that it won’t drag its heels.

“We hope it will be sooner, rather than later,” he said.

The fate of “don’t ask, don’t tell” had been far from certain earlier this year when Obama called for its repeal in his State of the Union address. Despite strong backing from liberals in Congress, Republicans and conservative Democrats remained skeptical that lifting the ban could be done quickly without hurting combat operations in Iraq and Afghanistan.

In February, provided the momentum Obama needed by telling a packed Senate hearing room that he felt the law was unjust. As chairman of the Joint Chiefs of Staff, Mullen became the first senior active-duty officer in the military to suggest that gays could serve openly without affecting military effectiveness.

“No matter how I look at the issue,” Mullen said, “I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.”

With Mullen’s backing, Gates ordered a yearlong study on the impact, including a survey of troops and their families.

The study, released Nov. 30, found that two-thirds of service members didn’t think changing the law would have much of an effect. But of those who did predict negative consequences, most were assigned to combat arms units. The statistic became ammunition for opponents of repeal, including the service chiefs of the Army and Marine Corps.

“I don’t want to lose any Marines to the distraction,” Gen. James Amos, head of the Marine Corps, told reporters. “I don’t want to have any Marines that I’m visiting at Bethesda (Naval Medical Center) with no legs be the result of any type of distraction.”

Mullen and Gates counter that the fear of disruption is overblown and could be addressed through training. They note the Pentagon’s finding that 92 percent of troops who believe they have served with a gay person saw no effect on their units’ morale or effectiveness.

But even with backing from Gates and Mullen, the bill appeared all but dead this month when Senate Republicans united against it on procedural grounds. In last-minute wrangling, Senate Majority Leader Harry Reid was able to revive the bill during the rare Saturday session with just days to go before the lame-duck session was to end.

The Republicans who voted for repeal said the Pentagon study on gays and assurances from senior military leaders played a crucial role.

“The repeal of ‘don’t ask, don’t tell’ will be implemented in a common sense way,” said Ohio Republican Sen. George Voinovich. “Our military leaders have assured Congress that our troops will engage in training and address relevant issues before instituting this policy change.”

Advocacy groups were jubilant following the Senate’s initial test vote that passed 63-33 and set up final passage. The Servicemembers Legal Defense Network called the issue the “defining civil rights initiative of this decade.” Supporters of repeal filled the visitor seats overlooking the Senate floor, ready to protest had the bill failed.

“This has been a long-fought battle, but this failed and discriminatory law will now be history,” said Joe Solmonese, president of the Human Rights Campaign.

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Online:

Pentagon study: http://tinyurl.com/23lxc49

Servicemembers Legal Defense Network: http://www.sldn.org/

Information on the bill, H.R. 2965, can be found at http://thomas.loc.gov

Congress forwards DADT repeal

In a 63-33 decision, the Senate agrees to vote on a "don't ask, don't tell," repeal, which it will likely pass

FILE - In this Wednesday, Dec. 15, 2010 file photo, a gay rights supporter watches a news conference on the House vote to repeal the "don't ask, don't tell" policy in Washington. Congress is one step away from ending the ban on gays serving openly in the military, with the Senate ready for a landmark vote that could deliver a major victory to the homosexual community, liberals and President Barack Obama. (AP Photo/File)(Credit: AP)

In a landmark vote for gay rights, the Senate on Saturday voted to advance legislation that would overturn the military ban on openly gay troops known as “don’t ask, don’t tell.”

The 63-33 test vote all but guarantees the legislation will pass the Senate, possibly by day’s end, and reach the president’s desk before the new year.

The House had passed an identical version of the bill, 250-174, earlier this week.

Repeal would mean that, for the first time in American history, gays would be openly accepted by the military and could acknowledge their sexual orientation without fear of being kicked out.

More than 13,500 service members have been dismissed under the 1993 law.

Rounding up a filibuster-proof majority in the Senate was a historic victory for President Barack Obama, who made repeal of the 17-year-old policy a campaign promise in 2008. It also was a political triumph for congressional Democrats who struggled in the final hours of the postelection session to overcome GOP objections on several legislative priorities before Republicans regain control of the House in January.

“As Barry Goldwater said, ‘You don’t have to be straight to shoot straight,’” said Senate Majority Leader Harry Reid, D-Nev., referring to the late GOP senator from Arizona.

Even after the measure were to become law, the policy change wouldn’t go into effect right away. Obama and his military advisers would have certify that the change wouldn’t hurt the ability of troops to fight, and there would also be a 60-day waiting period.

Some have predicted the process could take as long as a year before Bill Clinton-era policy is repealed.

Sen. John McCain, Obama’s GOP rival in 2008, led the opposition. Speaking on the Senate floor minutes before the vote, the Arizona Republican acknowledged he didn’t have the votes to stop the bill. He blamed elite liberals with no military experience for pushing their social agenda on troops during wartime.

“They will do what is asked of them,” McCain said of service members. “But don’t think there won’t be a great cost.”

In the end, six GOP senators broke with their party in favor of repeal. Republicans supporting the bill were Sens. Susan Collins of Maine, Olympia Snowe of Maine, Scott Brown of Massachusetts, Lisa Murkowski of Alaska, George Voinovich of Ohio, and Mark Kirk of Illinois.

West Virginia Democratic Sen. Joe Manchin, the only Democrat to oppose repeal, did not vote.

The GOP lawmakers swung behind repeal after a recent Pentagon study concluded the ban could be lifted without hurting the ability of troops to fight.

Advocacy groups who lobbied hard for repeal hailed the vote as a significant step forward in gay rights. The Servicemembers Legal Defense Network called the issue the “defining civil rights initiative of this decade.”

Supporters of repeal filled the visitor seats overlooking the Senate floor, ready to protest had the bill failed.

“This has been a long fought battle, but this failed and discriminatory law will now be history,” said Joe Solmonese, president of the Human Rights Campaign.

The Pentagon study found that two-thirds of service members didn’t think changing the law would have much of an effect. But of those who did predict negative consequences, a majority were assigned to combat arms units. Nearly 60 percent of the Marine Corps and Army combat units, such as infantry and special operations, said in the survey they thought repealing the law would hurt their units’ ability to fight.

The Pentagon’s uniformed chiefs are divided on whether this resistance might pose serious problems.

Marine Corps Commandant Gen. James Amos has said he thinks lifting the ban during wartime could cost lives.

“I don’t want to lose any Marines to the distraction,” he told reporters this week. “I don’t want to have any Marines that I’m visiting at Bethesda (Naval Medical Center) with no legs be the result of any type of distraction.”

Adm. Mike Mullen and Marine Gen. James Cartwright, the chairman and vice chairman of the Joint Chiefs of Staff, respectively, have said the fear of disruption is overblown. They note the Pentagon’s finding that 92 percent of troops who believe they have served with a gay person saw no effect on their units’ morale or effectiveness. Among Marines in combat roles who said they have served alongside a gay person, 84 percent said there was no impact.

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Online:

Pentagon study: http://tinyurl.com/23lxc49

Servicemembers Legal Defense Network: http://www.sldn.org/

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McCain: Study on gay soldiers is flawed

The Republican Senator's statement puts him at odds with Adm. Mike Mullen, the military's top uniformed officer

Sen. John McCain, R-Ariz., the ranking member of the Senate Armed Services Committee, walks on Capitol Hill in Washington Tuesday, Nov. 30, 2010, as committee staff members are receiving a briefing on the Armed Services Don't Ask Don't Tell survey. (AP Photo/Alex Brandon)(Credit: AP)

Arizona Republican Sen. John McCain says a new Pentagon study on gays serving openly in the military is flawed and shouldn’t be used to leverage a reversal of the “don’t ask, don’t tell” policy.

McCain’s statement, given Thursday at a Senate hearing, puts him at odds with Adm. Mike Mullen, the military’s top uniformed officer. Mullen was expected to tell McCain and others on the Senate Armed Services Committee that “war does not stifle change” but rather “demands it.”

McCain said he still has concerns about objections among some combat troops to repealing the policy. He also criticized the study for looking only at how the law could be repealed, instead of whether doing so would benefit the military.

Pentagon study dismisses risk of gay troops

Sources: study shows 70 percent of troops believe that repealing the law would have mixed, positive or no effect

A Pentagon study on gays in the military has determined that overturning the law known as “don’t ask, don’t tell” might cause some disruption at first but would not create any widespread or long-lasting problems.

The findings were confirmed by two people familiar with them. They spoke on condition of anonymity because the results hadn’t been publicly released.

The study found that 70 percent of troops believed that repealing the law would have mixed, positive or no effect, while 30 percent predicted negative consequences. Opposition was strongest among combat troops, with 40 percent saying it was a bad idea. That number climbs to 46 percent among Marines.

The study found that 92 percent of troops who worked with a gay service member believed their experience to be good, very good or to have had no impact.

Pentagon investigating how gay study leaked

Report, which concluded that allowing gays to serve openly posed little harm to the military, was due next month

Defense Secretary Robert Gates has ordered an investigation into the leak of details from a draft study about gays in the military.

The report, not slated for release until after Dec. 1, concluded that allowing gays to serve openly would pose little harm to the military.

Details on the 370-page study were first reported Wednesday by The Washington Post and subsequently confirmed by other news organizations, including The Associated Press.

None of the information was classified. Opponents of repeal accused the Pentagon of leaking selective details to sway public perception.

Pentagon spokesman Geoff Morrell said in a statement Friday that “anonymous sources now risk undermining the integrity of the process.”

Military recruiters told to accept gay applicants

Pentagon spokesperson says they have been given top-level guidance to admit openly homosexual enlistees

The military is accepting openly gay recruits for the first time in the nation’s history, even as it tries in the courts to slow the movement to abolish its “don’t ask, don’t tell” policy.

Some gay activist groups were planning to send people to enlist at recruiting stations to test the Pentagon’s Tuesday announcement.

Meanwhile, a federal judge in California whose ruling last week brought the 17-year policy the closest yet to being overturned was likely to reject the government’s latest effort to halt her order telling the military to stop enforcing the law.

The Justice Department will likely appeal her decision.

The Defense Department has said it would comply with U.S. District Judge Virginia Phillips’ order and had frozen any discharge cases. But at least one case was reported of a man being turned away from an Army recruiting office in Austin, Texas.

Pentagon spokeswoman Cynthia Smith said recruiters had been given top-level guidance to accept applicants who say they are gay.

Recruiters also have been told to inform potential recruits that the moratorium on enforcement of the policy could be reversed at any time, if the ruling is appealed or the court grants a stay, she said.

While activists were going to enlist, gay rights groups were continuing to tell service members to avoid revealing that they are gay, fearing they could find themselves in trouble should the law be reinstated.

“What people aren’t really getting is that the discretion and caution that gay troops are showing now is exactly the same standard of conduct that they will adhere to when the ban is lifted permanently,” said Aaron Belkin, executive director of the Palm Center, a think tank on gays and the military at the University of California Santa Barbara.

The uncertain status of the law has caused much confusion within an institution that has historically discriminated against gays. Before the 1993 law, the military banned gays entirely and declared them incompatible with military service.

Twenty-nine nations, including Israel, Canada, Germany and Sweden, allow openly gay troops, according to the Log Cabin Republicans, a gay rights group and plaintiff in the lawsuit before Phillips.

The Pentagon guidance to recruiters comes after Dan Woods, the group’s attorney, sent a letter last week warning the Justice Department that Army recruiters who turned away Omar Lopez in Texas may have caused the government to violate Phillips’ injunction.

Woods wrote that the military could be subject to a citation for contempt.

Douglas Smith, spokesman for U.S. Army Recruiting Command based at Fort Knox, Ky., said even before the ruling recruiters did not ask applicants about their sexual orientation. The difference now is that recruiters will process those who say they are gay.

“If they were to self-admit that they are gay and want to enlist, we will process them for enlistment, but will tell them that the legal situation could change,” Smith said.

He said the enlistment process takes time and recruiters have been told to inform those who are openly gay that they could be declared ineligible if the law is upheld on appeal.

“U.S. Army Recruiting Command is going to follow the law, whatever the law is,” he said.

The message, however, had not reached some recruiting stations.

At one for all branches in Pensacola, Marine Sgt. Timothy Chandler said he had been given no direction. “As far as we are concerned everything is the same, the policy hasn’t changed,” he said, as others in office nodded.

Chandler said no one had come to the small office questioning the policy or asking about being openly gay and serving.

Recruiters at the Navy office next door referred all media questions to the Pentagon. Air Force recruiters said they were not authorized to talk to the media. Army recruiters referred questions to another office in Mobile, Ala.

Phillips said at a hearing Monday that she was learning toward denying the Obama administration’s request to delay her order. That would send the case to the 9th Circuit Court of Appeals in San Francisco.

After Phillips’ ruling last week, Lopez — discharged from the Navy in 2006 after admitting his gay status to his military doctor — walked into an Army recruiting office in Austin and asked if he could re-enlist.

He said he was up front, even showing the recruiters his Navy discharge papers. But they told him he couldn’t re-enlist because they had not gotten word from the Pentagon to allow openly gay recruits.

Smith was unable to confirm the account. She said guidance on gay applicants had been issued to recruiting commands on Oct. 15.

On Tuesday, upon hearing of the changes to recruiting, Lopez said, “Oh my God! I’ve been waiting for this for four years.”

Lopez said he’ll try again Friday and will go to a Navy recruiting office in Austin to see if he can enroll in ROTC as an officer. He is currently studying hospitality services at Austin Community College.

“I’m hoping they’ll let me in because I was able to switch over from an enlistment to an officer. I’m really hoping they can accept me,” he said.

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Flaherty reported from Washington. Associated Press writers Kristin M. Hall in Nashville, Tenn., Lisa Leff in San Francisco, Melissa R. Nelson in Pensacola, Fla., contributed to this report.

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