For a few days last month, a court decision freed the military from a misguided law that has required commanders to purge their units of openly gay service members.
Today, “don’t ask, don’t tell” is back in force, even though almost no one has a good word to say about the 1993 law. The president, secretary of defense, and chairman of the Joint Chiefs of Staff have all called for its repeal.
The law’s few supporters cite possible discomfort among those required to share quarters with gay colleagues. A Pentagon study, to be released Dec. 1, should put all fears to rest. It has reportedly found that sexual orientation is not considered a big deal by most troops.
Congress nearly enacted repeal in September. The law’s many critics in Congress owe it to our armed forces to try again.
Maine’s Sen. Susan Collins, though she did not vote for repeal, made an effective case against the law in September. She argued that it is driving skilled troops out of the military, and forcing the services to spend $30 million per year on retraining.
Since service members are willing to risk their lives for this country, Collins said, they deserve our gratitude ”“ not the harsh judgment required by “don’t ask, don’t tell.”
The problems with the law were well documented in a challenge to the law heard by a federal court in California. The case made it clear that a record of exemplary service can’t save a service member who has been outed by colleagues or who has acknowledged a same-sex relationship.
U.S. District Court Judge Virginia Phillips ruled that the law violates service members’ rights of due process and free speech. However it remains in effect pending a Defense Department appeal.
This seems the right moment for Congress to act. If Collins and Sen. Olympia Snowe of Maine are reassured by the Pentagon study, their support might clear the way for repeal to be debated in the Senate. Considering the political shift brought about by the mid-term elections, it may be the last opportunity for Congress to consider such a change before 2013.
Legislation could enable the Pentagon to establish new policies bringing the era of “don’t ask, don’t tell” to an orderly close.
Otherwise, the matter is likely to be settled by the courts. The Pentagon has already lost one round; military lawyers now face the challenge of convincing justices that a soldier does not have a constitutional right to speak to colleagues about the essential details of his or her life.
— Questions? Comments? Contact Managing Editor Nick Cowenhoven at nickc@journaltribune.com.
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