The bill which will allow repeal of the military's 17 year old anti-gay Don't Ask, Don't Tell policy was signed today at a jubilant Congressional gathering. The bill will move to President Barack Obama who will sign on Wednesday.
Participating were House Speaker Nancy Pelosi, Democratic Rep. Barney Frank of Massachusetts, one of the first openly gay House members, Democratic Rep. Patrick Murphy of Pennsylvania, one of the lead sponsors of the Military Enhancement Readiness Act and other legislators, service members and many who have worked to repeal Don't Ask, Don't Tell.
Human Rights Campaign President Joe Solmonese on what comes next:
Tomorrow the President will use his pen to right a 17-year-old wrong. 'Don't Ask, Don't Tell' has ruined lives, destroyed promising careers, and robbed patriotic Americans of the right to serve their country. The security of our nation will come first tomorrow, far ahead of partisan politics, fear, and discrimination. While the final end to 'Don't Ask, Don't Tell' won't happen until sometime in the future, tomorrow the path to full honesty and integrity in our military begins.
Bill Signing DOES NOT EQUAL an end to DADT but merely the beginning of a process.
What the President and Pentagon Must Do: According to the legislation, the President must transmit a written certification to the House and Senate Armed Services Committee signed by the President, Secretary of Defense and Chairman of the Joint Chiefs of Staff certifying that: ( 1 ) all signatories have considered the recommendations contained in the Pentagon Working Group report ( discussed below ) ; ( 2 ) the Department of Defense has prepared the necessary policies and regulations to implement repeal; and ( 3 ) the policies and regulations implementing repeal are consistent with military standards for readiness, effectiveness, unit cohesion, and recruiting and retention.
Sixty days must then elapse after the President delivers the written certification before DADT is repealed once and for all.
Certification
The Human Rights Campaign calls on the President and Secretary of Defense to ensure that the certification process is completed expeditiously. The following three events must occur before certification is complete.
The Working Group Report has been considered: The repeal legislation states that the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff must certify that they "have considered the recommendations contained in the [ Pentagon Working Group's ] report and the report's proposed plan of action." The Pentagon Working Group's report was delivered to the Secretary of Defense on November 30, 2010. Days later, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff offered testimony before the Senate Armed Services Committee in support of the report's conclusion that the military was ready for repeal and that repealing DADT would have low impact on military readiness.
Necessary policies and regulations have been prepared: The repeal legislation states that the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff must certify "the Department of Defense has prepared the necessary policies and regulations" to implement the repeal of DADT. The Working Group's report provides a roadmap for implementing repeal. Chapter XIII of the report, which is entitled "Recommendations," details the Department of Defense policy changes that should be adopted to provide for open services. The core principle of this roadmap is that all current policies should be applied equally to gay and lesbian service members without regard to the service member's sexual orientation. However, the portion of the report that deals with benefits is extensive. This section provides detailed recommendations concerning the provision of benefits for gay and lesbian service members, and recognizes that the Defense of Marriage Act limits the benefits that can legally be provided to gay and lesbian service members and their same-sex partners. Thus, this detailed implementation roadmap should provide the Department of Defense with all the necessary research to immediately begin preparing policy revisions.
The policies and regulations are consistent with military standards: The repeal legislation states that the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff must certify that "implementation of necessary policies and regulations . . . is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces." The Working Group's report includes an update to the 1993 RAND Corporation report entitled "Sexual Orientation and U.S. Military Personnel Policy." This update concludes that repeal of DADT would have minimal impact on military readiness, military effectiveness, unit cohesion, and recruiting and retention. The Secretary of Defense and Chairman of the Joint Chiefs told the Senate Armed Services Committee that they agree with this conclusion.
60 Day Waiting Period
After the President transmits a written certification to the House and Senate Armed Services Committee, a 60 day period must elapse prior to final repeal. During this time, it is likely that Congress will hold additional hearings on repeal and the policies drafted to implement repeal.
Warning to Gay and Lesbian Service Members
The Human Rights Campaign issues this critical warning to service members: the repeal of DADT is not effective immediately and service members are still at risk of being discharged on the basis of their sexual orientation until certification occurs and 60 days have passed.
