Certification of Don't Ask, Don't Tell Repeal Act
Don’t Ask, Don’t Tell is Dead But Not Over
By Tom Carpenter
I often wonder if most Americans, even LGBT citizens, comprehend how important September 20, 2011 is in the history of our country. For the first time in the 235 years of our republic, gay and lesbian patriots in uniform will be able to speak the truth about who they are, without fear of prison or the humiliation of being discharged from the service.
The “Don’t Ask, Don’t Tell” (DADT) law was the only United States statute since segregation in the South that mandated discrimination against a class of citizens. The repeal of this law is the first time in the history of the LGBT community that a stand-alone piece of legislation providing rights to our community was ever passed by a Congress.
But this day must be placed in the broader context of the march to equality for LGBT citizens. Our opponents know how important the repeal of DADT is in this struggle for liberty and justice for all and that is why they have fought us every step of the way.
There are three institutions that make up the three legs of the stool of prejudice against our community – the 3 “M”s: military, marriage and ministry. When one leg fails, the stool collapses.
In the last 20 years, we have watched two of these institutions slowly change.
With the recent addition of New York, six states and the District of Columbia now provide for marriage equality, while 29 others have passed state constitutional amendments and an additional 12 states have statutes defining marriage as the union of one man and one woman.
The Lutherans and Presbyterian now join other mainline Protestant denominations, such as the United Church of Christ and Episcopalians, in ordaining openly gay and lesbian ministers. Reformed Jews have led the way. At the same time, the membership of the orthodox religions, most significantly the Protestant fundamentalists, have dramatically increased – as has their political power. The Roman Catholic Church under Pope Benedict has become even more conservative. In the many battles for marriage equality, we have seen the financial and voting clout of the Mormons, Roman Catholics, fundamentalist Protestants and other orthodox faith traditions. Watching the recent Republican Presidential candidate debates shows how much religion has entered the political process.
During those same two decades, the military has continued to persecute its LGBT service members. Since 1993 alone, over 13,500 have been discharged. Countless tens of thousands have left the service because they could no longer live a lie. When you consider the impact that these losses have had on friends and family members, the human toll of the bankrupt DADT law is truly incalculable. In addition, what has the absence of these talented, trained and experienced service members had on our national security? We will never know.
All this changes on September 20, 2011. The military will never be the same – and neither will our country or our community. The only analogy that seems appropriate was the desegregation of the military by the Executive Order of President Truman in 1948. Up until that time, it is arguable that nothing had done more to advance the struggle of African Americans for civil rights. As white Americans in the military began to serve in integrated units, they learned that their black comrades shared the same core values and dedication to the mission. When they returned to civilian life, for many, those experiences working and fighting with people of another race were transformative.
What is different here is that LGBT service members are already an integral part of the force. They are everywhere, but remain invisible. On September 20, 2011, they will, if they choose, be able to share this most important part of their lives with their fellow comrades in arms.
As it was with our allies, this day will be a nonevent. The mission will continue. What it will likely do is increase the bonds between members of small units, the essential element of unit cohesion and ultimate mission success. That is because under DADT, LGBT troops have had to distance themselves from their brothers and sisters in uniform for fear of discovery of their sexual orientation. That will end with repeal.
On Tuesday, September 20, 2011, as we celebrate this victory all across this country, we must also recognize the fight for equality in the military is far from over. Yes, GLB service members will be able to come out, if they choose, without fear of imminent discharge. In order to truly level the playing field for LGB troops and their families, there are 49 major issues that need to be dealt with by the Pentagon. Most important of these is the lack of protection against discrimination missing in the repeal law.
Since transgendered service members are not covered by DADT but by medical regulations, they have absolutely no right to serve. This use of these medical regulations is instructive. In reality, the repeal of DADT takes us back to the situation that existed, before the law was passed in 1993, where LGB troops were subject to imprisonment or discharge under the then-existing regulations. The DoD controlled the issue before Congress took it away from the military in 1993 when it passed the DADT law, a “compromise” with President Clinton. Now the issue of sexual orientation is back under the control of the Pentagon. What does that mean and why is it important?
With a President Romney, Perry, or Bachman in 2013 and someone like Joe “you lie!” Wilson as Secretary of Defense, it would not take much imagination to anticipate an attempt to return to DADT or the earlier complete ban on open service. It would not require an act of Congress, nor even an executive order to do this: the Pentagon could turn the clock back by merely changing existing DoD regulations.
Many have complained about how long the process of repeal has taken. But at the end of the day, perhaps President Obama, Defense Secretary Gates and Admiral Mullen were right. By training the force and respecting the opinions of the service chiefs and major commanders, they have avoided the push back from the Pentagon that President Clinton experienced when he tried to lift the ban in 1993.
Most importantly, the uniformed military have become invested in the process. After months of training for the implementation of this new personnel policy, they have become invested in the outcome – they have “skin in the game.” The military leaders will want this transition to work because they have certified to Congress that the presence of GLB troops will not have a negative impact on the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces. This will be just like any other mission and they will strive of success.
Marine Lt. Tom Carpenter serving his country (Photo courtesy Tom Carpenter)
As we celebrate, let us reflect on the sacrifices made by so many, for so long, to make the dream of open and honest service for all patriotic Americans a reality. There is no one person or organization, which can be credited in accomplishing this mission. It was a team effort by those who lobbied Congress, fought in the courts, organized locally, donated funds to national groups, passed state and city resolutions, published academic studies, went on national speaking tours, conducted direct action, wrote opinion pieces, courageously gave up their privacy to go public, always keeping their eye on the prize by speaking and working for those who were in harms way and required by law to serve in silence. Those sad days, and the un-American law that made such suffering possible, have now been relegated to where they belong: the dustbin of history.
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