NOTE: Tanya Domi, a former Captain in the U.S. Army, who served for 15 years, enlisting as a Private, rising to the rank of Captain before leaving the service honorably, will be a guest correspondent for the Blend, Tweeting the DADT Senate hearings tomorrow. A widget to follow has been placed in the right-hand column.
I guess the result depends on how you define the word “change.” There’s a lot of buzz going on about the Senate hearings regarding DADT, which are tomorrow (Tues). The tentative (to be kind) moves by the Obama administration to signal he’d like to repeal it — with just a little more study and stroking of insecure manhood protective military egos — is something that has been met with derision by many in the LGBT community, given the amount of study and polling on this topic has had for some time now.
This announcement from the Palm Center suggests some changes are afoot in the White House regarding modifications to DADT to be announced on Tuesday that may prove significant; albeit not a repeal, which raises the big question of whether repeal is off the table for 2010, and this is a “Clintonian compromise” designed to satiate the complaining homos over the discriminatory policy. It all depends on how the President chooses to reinterpret and implement it, right? You decide.
The Palm Center has announced that President Obama’s executive changes to the “don’t ask, don’t tell” policy, expected to be announced Tuesday, could significantly impact the lives of gay troops. The expected statements from Defense Secretary Gates and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen would protect some service members from investigations based on third-party allegations and set a new standard for what constitutes reliable sources and credible information that trigger a “don’t ask, don’t tell” investigation. It is also expected that the military brass will announce changes to the adjudication of potential discharges, whose effect could be to require a flag officer to sign off on any discharge for it to move forward.
“This ‘Obama Rule’ could provide a new standard for ‘don’t ask, don’t tell’ investigations,” said Dr. Aaron Belkin, Director of the Palm Center. “Depending on how it’s implemented, the executive action taken by the President could be seismic. ‘Don’t ask, don’t tell’ has rested on the belief that the presence of openly gay service members is always bad for the military. The new Obama Rule would mean a shift in the military’s focus toward keeping gay troops, reflecting the military’s belief that they are as essential as their heterosexual peers.”
Belkin also said the effectiveness of the changes would depend on what message was sent by top civilian and uniformed leaders to the officers responsible for approving discharges. “If new discretion is being granted to two-stars, then the actual impact of the Obama rule will hinge on whether the President, the Defense Secretary, and the Service Chiefs send a clear signal that discharges are to be minimized,” Belkin said.
Recent media reports have suggested the Pentagon leadership may promote a lengthy process of implementation that would unfold over several years, a prospect that Palm Center experts found problematic. Dr. Nathaniel Frank, Senior Research Fellow at the Palm Center and author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America,” said the impact of the expected announcement would depend on an operational timeline that emphasizes strong leadership and swift implementation.
“The evidence is overwhelming that a quick turnaround on policy change minimizes disruptions to unit cohesion and morale,” he said. “If this is the goal, there should be no slow-rolling of the implementation process.” Frank pointed to the 1993 Rand Corporation report on implementing gay service that stated that openly gay service was entirely workable, but that a successful new policy must be “decided upon and implemented as quickly as possible” to avoid anxiety and uncertainty in the field. It said it was crucial “to convey a new policy that ends discrimination as simply as possible and to impose the minimum of changes on personnel.” Rand then outlined a Standard of Professional Conduct to guide interpersonal behavior that emphasized a uniform code of behavior for all service members.
“I’m encouraged by the apparent movement on this issue by the President and the military,” Frank said. “I’m also hoping they’ve reviewed the research on implementation and will create a plan that reflects the President’s commitment to ending this policy in 2010.”
In 1995, President Clinton lifted a ban at the CIA, which reversed an Eisenhower policy denying security clearances to gay agents. In 1992, a court ruling in Canada allowed gays to serve openly in the military nearly immediately. And in 1999, a court ruling forced the British military to allow openly gay troops within months. That transition, according to Frank, was implemented quickly and decisively, which is consistent with what is suggested by implementation research. ”The CIA and foreign militaries provide successful models for implementing a new policy to allow openly gay service,” said Frank. “Each of them provided clear conduct rules, strong leadership and change on a short, definite timeline.” A 1993 General Accounting Office (GAO) report on the “Policies and Practices of Foreign Militaries” concluded that the smooth transition was attributed “to the military leadership’s support of the new policy and the military’s ability to keep a low profile on the issue.”
Christopher Neff, Deputy Executive Director at the Palm Center, noted the distinction between the military’s policy on openly gay service and the Congressional law, which remains unchanged. “The statute, 10 U.S.C. 654, remains on the books and Congress is responsible for changes to the law,” Neff stated. He advised service members to consult with Servicemembers Legal Defense Network with any questions they may have about how changes to the policy might affect them.
But again, it’s a workaround that keeps gay and lesbian service members in place, but still provides them without full parity with their heterosexual counterparts.




The Palm Center has announced that President Obama’s executive changes to the “don’t ask, don’t tell” policy, expected to be announced Tuesday, could significantly impact the lives of gay troops. The expected statements from Defense Secretary Gates and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen would protect some service members from investigations based on third-party allegations and set a new standard for what constitutes reliable sources and credible information that trigger a “don’t ask, don’t tell” investigation. It is also expected that the military brass will announce changes to the adjudication of potential discharges, whose effect could be to require a flag officer to sign off on any discharge for it to move forward.
14 Comments


It seems to methat merely “modifying” DADT will give the military brass all the wiggle room they need to keep doing what they’ve been doing. Terms like “reliable sources” and “credible information” are sufficiently subjective to insure it. The military doesn’t have an entire branch full of lawyers (JAG) for nothing; they’ll do as the brass orders them to do, even if those orders aren’t quite explicit.
I think what we’ll be seeing is simply a re-packaging of the current policy/procedures, all gussied up to look like serious change. It won’t even be “separate but equal”; it will just give the appearance. I hope I’m wrong about this, and that substantial change does happen; but to date my skepticism about Obama has been borne out every single time.
Not much will changeI agree with QScribe. This will open the door to subjective, inconsistent execution of the policy, and lesbian and gay service members will continue to be discharged. And Obama can walk away claiming he did something.
Remember how, a few months after his inauguration, the White House web site was quietly changed from “repealing Don’t Ask, Don’t Tell” to “changing” it? Here ya go…
DADT was A “CLintonian Compromise”!!!!!
I mightI might actually be for incremental change if the increments were meaningful. This, not so much.
i’ll say it again1. The roadmap is still in the 1993 RAND study.
http://www.rand.org/pubs/monog…
The punch line is: The President has to mean it, or the military won’t obey.
Otherwise they’ll manipulate the members of the service till they rise up, aroused, and shoot their seamen. Just like in 1993.
2. The President can make a number of changes without Congress. “Don’t ask” was supposed to mean just that. Clinton let the military turn it into “search and destroy” instead and just sat there and watched it happen. Obama can change the implementing regulations (DoD Instructions, Army Regulations, etc.) to require substantial proof simply to begin an investigation, not relying on gossip or anonymous e-mails, and not putting the burden of proof (what Clinton bragged about as a “rebuttable presumption”) on the accused.
And maybe tack on administrative penalties for eager-beaver witch hunts. He is the Commander in Chief, and this is all in the province of administrative law, which he controls. If he or Gates bother to.
3. If Congress can bring itself to repeal 10 USC § 654 (DADT), then it can certainly modify Art. 125 (10 USC § 925), perhaps to criminalize sexual harassment, something that the UCMJ doesn’t explicitly do. The President should have said, in his SOTU message, something like, “For too long have we discharged talent that we need in the wars on terror. I’m the Commander in Chief, and I say to you, now, I cannot do without any of them.”
And, since the Manual for Courts-Martial is an Executive branch document, Obama can modify that to severely limit the instances where Art. 125 would trigger a prosecution. He can do that any time he wants, as the 1993 RAND report mentions.
(Fun fact: the UCMJ does not explicitly criminalize adultery, either, except under the “conduct unbecoming” statutes, Art. 133-134).
How sweetSo third parties can’t be the source of information, but the command itself can still initiate and conduct the witch hunt. Nice change there, Barry. Choke on it.
If this is all …This is scary – if a slight tweak in DADT is all we can expect, it’s like declaring bankruptcy for civil rights. Not only for gay rights – women’s rights will be next (oh well, they are already up for grabs). Is this society really so backwards? Let me say it again: SCARY!
Let’s focus on the real problems…
Archaic UCMJ Article 125 banning both gay and nongay “sodomy,” as I’ve written before here at length, is virtually NEVER used against gays anymore except as kind of legal stocking stuffer called “prejudicial sodomy.”
SEE: http://www.pamshouseblend.com/…
http://www.pamshouseblend.com/…
http://www.loc.gov/rr/frd/Mili…
Again, Candidate Obama supported eliminated the Article entirely, but as it’s so rarely applied I see no reason to press him about it now NOR draw it into the discussion of DADT repeal as it will accomplish nothing but induce the “ick factor.”
You are entirely on point in the need to keep shouting the recommendations of the 1993 Rand Study from the rooftops, particularly as an AP article this evening predicts Gates will announce a “year-long study” tomorrow. The Rand authors failure was to see that the processes for implementation are already in place in relation to other minority groups in programs of the Defense Equal Opportunity Management Institute. Solution: INSERT “GAY” along with race, gender, religion, etc.
As for the Palm Center’s predictions of what else Secretary Gates might be intending, the theoretical limits on what kind of “third-party” accusations could be accepted as “credible information” arise from the same Secretary of Defense authority to prescribe the DADT process as the requirement for “credible information” itself. While seeming more “humane,” it would create an entirely new, layer of subjective interpretation by the local commander and fail to eliminate the main problem now: non-homophobic commanders frequently decide that whatever information they’ve gotten on a particular servicemember is not “credible” and choose not to start the discharge process while homophobic commanders always see “credible” information and do.
Further, I’ve never seen numbers, and doubt they exist, that indicate how many discharges are trigged by “jealous ex lovers” or whatever. I’m convinced they are few, so the majority of gays would still be subject to discharge from OTHER kinds of “third party” outing. For instance, a fellow soldier Alex Nicholson thought he could trust turned him in to Army superiors. Someone saw Margaret Witt kiss her partner in a shopping center parking lot and outed her to the Air Force. I don’t believe Joe Steffan every found out who was told his superiors at Annapolis that he was gay. Steffan lost in court and Alex and Margaret are plaintiffs in the only two active cases challenging DADT.
The other prediction, requiring flag officers to sign off on discharges, is but a variation of what happens now as discharges can be appealed by the servicemember through the chain of command up to, e.g., the Secretary of the Army if that is his/her branch. I’ve yet to see an additional benefit of moving these deck chairs.
While tinkering with discharge policies is a third prong attack [along with an EO and repeal] better than no attack at all, MUCH more could be done. As Palm reported last summer, the SOD could LEGALLY
“Invoke his authority to retain all service members identified under don’t ask, don’t tell, ‘who are otherwise eligible for continued service, for a limited period of time in the interests of national security.’ The ‘limited period’ would be the time it took Congress to repeal or amend the law.” This would save both Dan Choi and Victor Fehrenbach, both being past the point where information was found “credible” and they were recommended for discharge yet to be approved under current policy.
Other legal change they called for was that the SOD “require that NO [new] INVESTIGATIONS BE INITIATED WITHOUT HIS SPECIFIC APPROVAL. This would concentrate authority to investigate with the defense secretary rather than individual commanders, ‘reducing inconsistent application’.”
That would also be a “slow walk” approach to ending discharges entirely. Such strategies are what we should be DEMANDING rather than tolerating what appears to be happening despite the President’s goal: baby steps constituting a “slow walk” BY THE PENTAGON to stop the FEWEST number of discharges and delay repeal itself indefinitely.
That’s mapping the “slow walk” from the doorstep of the homohaters NOT the White House.
Tell me again, WHO is running this country?
To be a little clearer…
NO “third-party outing” of a servicemember to the military is for a GOOD reason.
This is just tweaking the rules of the game of charades that DADT is. And the law is entirely predicated on the assertion that gays are bad for the military per se…unless THAT is demolished we’re still in the same place we were before.
But let them try, for it will rip the mask off of the Big Lie, of the absurd hypocrisy of suggesting that a gay airmen like Fehrenbach is NOT a “threat to unit cohesion” because of HOW he was outed. [Tho, as noted, they'd have to go even further to save him retroactively...and what an invitation to countless lawsuits from other dischargees THAT would be.]
YUM YUM!
you need to meet it stronglyThe UK dealt with this, and now is FLAUNTING it.
http://www.dailymail.co.uk/new…
We can do just as well.
IdiotsIt’s totally idiotic! I really don’t get why non-gay soldiers think they’re so irresistible that gay soldiers will suddenly attack them in the shower when they never have before.
Sounds like the Pentagon wants to be able to keep gay soldiers during emergencies but be able to get rid of them once the emergency is over. Doesn’t that kind of policy actually mean we’re indispensible?
If they’re really interested in good order and discipline they need to look at the non-gays, not the gays.
My concernis that if they just change things like implementation and discretion at the command level, without changing the law, we WILL have a “Clintonian Compromise” – as in not a damn thing changing, but something we’ll hear about as “progress” for decades.
Just based on what’s posted here – it sounds like the compromise they are working out will allow commands to freely and openly keep gay and lesbian servicemembers while we are at war, and they are needed in actual combat and critical positions, and then pitch them all out on their asses in first wave of cuts as soon as (if ever) things settle down and they need to cut troop numbers.
In effect, it would just formalize what has been documented since WWII – when they need bodies, they’ll keep LGBT people, then discharge them as soon as peacetime settles in, which is, of course, exactly the reverse of what they all claim the point of excluding LGBT people is.
We’ve been thrown a crumbThird-party outing: no
Repealing DADT: no
At least not “for years.” Sounds like we’re talking a deacde….
But hey, we’re at war, we need time, this is sensitive,we need to know how much exactly we can continue to dsicriminate, we’ll always be at war. Who is it this month? Oh, that’s right: Oceania.
http://www.washingtonpost.com/…
Anyone who believed Obama’s promise meant more than window dressing, well, enjoy your optimism.
i had a modest proposalAs rewritten, something I published in a law review article. Struck out most of the old language and –
That should deal with any renewed objections about service “members” being stared at or groped in the showers.
Put that on your Tailhook and smoke it!