Legal Memo Outlines Pentagon Options on Gay Ban
Legal Memo Outlines Pentagon Options On Gay Ban
The Palm Center today released a legal memo that outlines what steps the Secretary of Defense can take to modify the enforcement of "don't ask, don't tell" while the President works with Congress to repeal the law. The document serves as a follow-up to the Palm Center's heavily debated May study explaining options for executive action that could halt all discharges even without an act of Congress. Previous to its release, most analysts had assumed that only Congressional action could end the firings, which President Obama has vowed to do since early in his campaign.
The Palm Center issued its memo today in response to an announcement by Secretary of Defense, Robert Gates, last week saying he had directed his general counsel to study the flexibility contained in the law and to find "a more humane way to apply the law" while awaiting legislative repeal. The memo explains the legal authority and details several options for the Defense Secretary in modifying its enforcement. These range from retaining all service members targeted under "don't ask, don't tell" for a limited period of time in the interests of national security, to requiring that any investigation of a service member for homosexual conduct be conducted only with prior approval of the Defense Secretary.
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