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DADT Repeal Stay Lifted – “No Reason to Delay Certification” Says Former Marine

6 Jul

DADT Repeal Rally at The White House - May 2, 2011 (Photo by Jamie McGonnigal, Equalityphotography.com)

Last year, before Congress voted to repeal the military’s discriminatory Don’t Ask, Don’t Tell policy, there was a federal district court which had already found the policy to be unconstitutional. The lawsuit, filed by the Log Cabin Republicans was what lit the fire under the Administration and Congress to pass the repeal as quickly as possible.

This was all happening while the highly controversial and very questionable “study” on military readiness was being handed out to service members and their families. Among the questions in the study were:  “If don’t ask, don’t tell is repealed and you are working with a service member in your immediate unit who has said he or she is gay or lesbian, how would that affect your own ability to fulfill your mission during combat?” Respondents answered with a range of responses from “very positively” to “very negatively,” as well as “no effect” or “don’t know.” What I always found most interesting is that troops were being polled about who I have a relationship with and how that affects their daily routine, but when it comes to something actually important, like…say…”Do you believe we should send you off to an unjust war for which the country can find no actual motivation – where you will more than likely lose your life or at least one of your limbs?” the military sees no need to poll troops.

Either way, the government asked for a stay so that the legislative  moves could be made and that the law could be repealed. But what happened is that many concessions were made on the repeal and the condition on which final repeal would be approved would be that the chair of the Joint Chiefs of Staff, the Defense Secretary and the President would need to sign off on the repeal once the necessary training was completed to allow for gays and lesbians to serve openly. Naturally, they’ve been dragging their feet on this certification.

But today, an order from the lower court that initially found in favor of the Log Cabin Republicans and found DADT to be unconstitutional has lifted the stay on implementation of repeal.

Alex Nicholson, Executive Director for Servicemembers United, the nation’s largest organization of gay and lesbian troops and veterans and the lead plaintiff in the Log Cabin Republicans vs. USA case told Talk About Equality:

“With the wait for certification dragging out beyond a reasonable time frame, the Court has once again stepped in to require the Pentagon to stop enforcing ‘Don’t Ask, Don’t Tell,’ and this time it very well may be for good. I am proud to have worked personally worked with Log Cabin on this case for more than five years now and to have represented the gay military community as the sole named veteran in this lawsuit. Despite the criticisms and years of waiting, this case has yet again successfully eviscerated this outdated, harmful, and discriminatory law.”

Fmr US Army Captain Tonya Domi and Fmr Marine Justin Crockett Elzie (Photo by Jamie McGonnigal, EqualityPhotography.com)

And Justin Elzie, the first Marine to be fired under the discriminatory law, and author of “Playing By the Rules” told us:

“I think it is a great thing and since DADT Training is nearly complete, then now is the time for the Obama administration to do the right thing and not continue to fight against repeal in the courts and let this stand and certify repeal immediately.  There is no reason to delay certification or fight this ruling.”

Nicholson added:

Nicholson added, “Servicemembers should still remain extremely cautious with information regarding their sexual orientation for the time being. The issue remains in a state of flux, although guarded optimism is certainly warranted.”
For more information about Servicemembers United and the gay military community, please visit their new home on the web at www.servicemembers.org.
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