A panel at this year's American Bar Association meeting examined the success and shortcomings of the repeal of the military's ban on openly gay service members Aug. 3.
The panel, "LGBT Service Members and the Armed Forces One Year After the End of Don't Ask, Don't Tell" explored both the remaining burdens on LGBT military families and the persistent ban on transgender services members.
While the repeal of DADT was significant, said panelists, the military has not mandated LGBT anti-discrimination protections, and the Defense of Marriage Act continues to prevent many military families from receiving equal benefits.
Moreover, the repeal did not remove the ban on transgender service members. A strictly gendered military means a lack of space for transgender service members, said veteran and LGBT-rights advocate Denise Brogan-Kator.
"My personal view is that there isn't a reason [for keeping it gendered]," said Brogan-Kator.
Panelists argued that President Obama could issue executive orders extending protections to LGBT military members. But former Congressman Patrick Murphy said it is unlikely to happen before November elections.
Still, said Murphy, the outcome of the presidential race could truly determine the fate of DADT.
"It is likely if Mr. Romney is the next president of the United States, it could go back to how it was before [the DADT repeal]," said Murphy. "I don't think it is campaign rhetoric. I do think he will do it."
The panel was presented by the American Bar Association Commission on Sexual Orientation and Gender Identity. Other panelists included Servicemembers Legal Defense Network Legal Director David McKean and U.S. Army Judge Advocate General Major Shannon McLaughlin. Jackie Gardina, professor at Vermont Law School moderated.