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Defense Dept. to Halt Some Discharges During DADT Debate?

Andy Towle February 1, 2010

RELEASE FROM THE PALM CENTER….

EXPECTED EXECUTIVE ACTION WOULD CHANGE “DON'T ASK, DON'T TELL” IMPLEMENTATION
Experts Caution Against Slow Roll of Implementation

SANTA BARBARA, CA, February 1, 2010 – 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 policydenying 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.

UPDATED

Interesting NYT article this morning on the forces — "a new generation in the military, a change in climate at the top levels of the Pentagon, pressure on the president from a critical interest group, even Senator Kirsten E. Gillibrand's anticipated Democratic primary battle in New York" — that have compelled the 'Don't Ask, Don't Tell' debate to finally begin. Also the timeline up till now.

2_dadt And the second part of this paragraph would be welcome news:

On Tuesday, in the first Congressional hearing on the issue in 17 years, Mr. Gates and Admiral Mullen will unveil the Pentagon's initial plans for carrying out a repeal, which requires an act of Congress. Gay rights leaders say they expect Mr. Gates to announce in the interim that the Defense Department will not take action to discharge service members whose sexual orientation is revealed by third parties or jilted partners, one of the most onerous aspects of the law. Pentagon officials had no comment.

Forces Pushing Obama on ‘Don't Ask, Don't Tell' [nyt]

In an editorial this morning, the Washington Post calls on Congress to act on 'DADT'.

The Palm Center has more on the announcement from Gates mentioned in the NYT article, in a release sent to Towleroad.

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.

Full release from the Palm Center, AFTER THE JUMP…

Michelangelo Signorile appeared on CNN Saturday night with Charles Moran of the Log Cabin Republicans to discuss the "bad signals" we've been receiving on DADT since the State of the Union speech.

Also, Jacob Reitan, founder of the Soulforce Equality Ride and an activist who has tried to sign up for the military three times and been denied because of his sexuality, posted a piece in the Huffington Post over the weekend.

Watch, AFTER THE JUMP…

Topics: Books, Military, News, Republicans More Posts About: Barack Obama, Barack Obama, Don't Ask Don't tell, michelangelo signorile, Military, News

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