Robert Gates Introduces A Stricter DADT on Discahrges
PUBLISHED: OCTOBER 22, 2010
Secretary of Defense Robert Gates announced Thursday that the restart
of the policy that bans open gay service will be in the hands of six
officials.
The ban, known as “Don't Ask, Don't Tell,” was revived Wednesday at least temporarily by the Obama administration when the Ninth U.S. Circuit
Court of Appeals in San Francisco granted defendants the stay they sought
while the government prepares an appeal to U.S. District Judge Virginia
Phillips' September ruling striking down the law as unconstitutional and subsequent injunction against its enforcement.
Only the secretaries of the armed forces can authorize a separation under
the law, and the Defense Department's top attorney and the undersecretary
for Defense for Personnel and Readiness must also be consulted, leaving
the policy in the hands of six civilians appointed by the president.
President Barack Obama has said he agrees that the law should be repealed
but is pursuing an appeal because he's looking for a “durable” solution
from Congress. Repeal advocates remain hopeful that the Senate will act
against
the law during the lame-duck session after the November midterm
elections.
The rule changes are meant to “ensure uniformity and care in the
enforcement
of 'don't ask, don't tell' law and policy during this period of legal
uncertainty,”
a senior defense official is quoted by the Army Times.
Aubrey Sarvis, executive director of Servicemembers Legal Defense
Network (SLDN), said the change could strike a severe blow to the policy.
“This important change could dramatically reduce DADT discharges,
if DoD applies the Witt legal standard throughout the military, which
requires the Pentagon to find that gay service members would harm
military readiness,
unit cohesion and good order, before they are discharged,” Sarvis said
in a statement.
Sarvis also warned gay service members from coming out during this
period
of uncertainty.
“But this Pentagon guidance memo does not end DADT. It is still in
place,
and service members should not come out.”
On Tuesday, the Pentagon announced it would accept openly gay
the
policy –including Army Lt. Dan Choi – immediately reenlisted.
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