Gates plan may be beginning of the end of ‘Don’t Ask, Don’t Tell’
Pentagon Studies Ways to Relax Enforcement as First Step; Impact on Troops Would be Minimal
In the wake of unexpected Pentagon announcement about gays in the military, experts say the “don’t ask, don’t tell” policy may be on the brink of irreversible change that would speed up its demise. After speaking with President Obama last week, Defense Secretary Robert Gates has asked military lawyers to explore how to modify enforcement of the policy in ways that are “more flexible until the law is changed.” The President Monday reiterated his intention to end discrimination against gay troops, saying he is working with Congress and the military to do so.
Christopher Neff, political director of the Palm Center, said the remarks by Secretary Gates marked the first time the Defense Secretary has made clear that the Pentagon is onboard with the President’s determination to lift the ban. “‘Don’t ask, don’t tell’ is a package — both a law and a policy — that hasn’t been penetrated for fifteen years,” Neff said. “This is a crack in humpty dumpty, and it gets the ball rolling for a political solution since it gives cover to lawmakers who have been waiting for a nod from the Pentagon.”
Neff said that even a small change in how “don’t ask, don’t tell” is enforced could represent a seismic political shift, even if it does not have a substantial operational impact on most gay troops, who would still be subject to discharge. If the military stops applying certain provisions of the policy, as Gates says it is considering, it would send a signal to Congress about the inevitability of change. “That’s why executive action is the key to unlocking the political stalemate,” said Neff. “Even the statements themselves, although they do await follow-up action, have changed the political landscape.”
Last month, the Palm Center published a report which outlined several legal and political rationales for executive branch discretion in regulating, and even halting, discharges provided for by federal statute. One of those rationales is closely linked to the new review announced by Secretary Gates. According to the Palm Center study, “the ‘don’t ask, don’t tell’ policy itself, as codified by Congress, also grants authority to the Department of Defense to determine the procedures under which investigations, separation proceedings, and other personnel actions under the authority of 10 U.S.C. Section 654 will be carried out … The Secretary of Defense has discretion to determine the specific manner in which ‘don’t ask, don’t tell’ will be implemented.” Prior to the release of the Palm Center’s report, most observers had assumed that only Congress or the federal courts end the firings of gay troops.
Amidst mounting public pressure, White House press secretary Robert Gibbs said this week that he thought “don’t ask, don’t tell” would be repealed by the end of the President’s first term. Nathaniel Frank, senior research fellow at the Palm Center, said this week’s developments were politically significant. “Serious discussions have been launched by the President himself,” said Frank. “Obama has said this is a failed policy that harms national security, so these measures are not just fixes, but may be the beginning of the end.” Frank added that any regulatory changes that fall short of halting all discharges will be “window-dressing,” but he focused on the implications for further political change. “This means the hot potato party may finally be over, as the President understands where the buck stops.”
In the wake of this week’s developments, the Palm Center announced that it is preparing a more extensive legal analysis of administrative options for relaxing the application of certain provisions of “don’t ask, don’t tell.” Neff said that the Defense Department should invite public input as the rules are re-drafted, which would be consistent with past processes when military regulations have been changed. “This review should be no different,” he said.
Organizations and individuals who have endorsed or endorsed consideration of the use of executive action based on the legal theories outlined in the Palm Center’s study include Secretary Gates, 77 members of Congress, the New York Times editorial page, Center for American Progress, Human Rights Campaign, Servicemembers Legal Defense Network, Hendrik Hertzberg of the New Yorker, the political consultant Robert Shrum, and former White House aide Richard Socarides.
Source: The Palm Center
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Gay Rights Groups Unify Around New Don’t Ask, Don’t Tell Plan
HRC Joins Emerging Consensus that Obama Should Sign Executive Order
The Human Rights Campaign, the largest gay rights group in the country, has joined a growing number of other advocacy organizations calling on President Barack Obama to sign an executive order suspending “don’t ask, don’t tell.”
Asked by Chris Matthews on MSNBC’s Hardball last night whether he believes Obama has the authority to sign such an order and whether he should do so, HRC President Joe Solmonese said, “Yes he can and yes I do.” Matthews repeated the question, asking “Do you think he should?” Salmonese confirmed, “Yes I do.”
Solmonese added that Obama should sign the executive order immediately to halt further firings like that of Lt. Dan Choi, a West Point graduate who speaks Arabic. “The president has the opportunity to stop that from happening,” Solmonese said. “We’ve asked him to do that and pressed him to do that and hope that he will.” HRC is widely understood to be the most influential gay rights group in the nation, with high-level White House access and an expansive presence on Capitol Hill.
The idea of ending the ban by executive order gained momentum after the release last month of a Palm Center study showing that the president has the authority to suspend “don’t ask, don’t tell” using his “stop-loss” authority. Until then, many had argued that only Congress or the courts could lift the ban.
Dr. Nathaniel Frank said that the emerging consensus about an executive order reflects a significant change in the national conversation about “don’t ask, don’t tell,” including among gay groups. “There were reports that some of the larger gay groups were pushing Congress and the White House to delay lifting the ban in favor of other priorities,” said Frank, author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America,” and senior research fellow at the Palm Center. “With the White House on the defensive about ongoing discharges, HRC has called for an immediate executive order, reflecting a changed landscape.”
Others calling for the President to sign an executive order include Knights Out, an organization of 400 straight and gay West Point graduates, former staff, faculty and allies, and the Los Angeles Gay and Lesbian Center CEO Lorri Jean, who appeared on Hardball with Solmonese. Referring to the executive order proposal, Jean said, “Let’s stop drumming people out now.”
The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.
Yes on Proposition 8: Elementary School Children to Be Indoctrinated With New Gay Curriculum
Alameda Unified School District Adopts Lesbian, Gay, Transgender Education for Students as Young as Five Years Old
Providing yet another example of the threat that gay marriage and the gay agenda provides to school children and parental authority, the Alameda Unified School District last evening adopted a new curriculum, over the objections of hundreds of parents who testified at the board hearings. The newly adopted curriculum specifically elevates respect for gay, lesbian and bisexual students and their families over respect for diverse racial and religious backgrounds.
“This is another wake-up call to every parent with children in the public school system,” said Ron Prentice, chairman, ProtectMarriage.com — Yes on 8. “Elementary school children will be instructed about homosexuality without their parents’ knowledge.” Prentice noted that the curriculum does not provide parents with any sort of opt-out right for their students, and will take affect in the form of six 45-minute lessons, one per year from kindergarten through fifth grade.
“This is exactly what we warned voters about during the Proposition 8 campaign,” Prentice said. “While pro-homosexual activists deny any impact on children, local school boards and the State Legislature press for formal instruction in concert with the gay agenda. Opponents of Prop 8 claim we won the campaign based on lies and deceit, but just imagine how much worse these curricula would be if Prop. 8 failed and gay marriage was still legal.”
Course materials are also up for debate. Among those considered to be added to the curriculum, according to media accounts, is And Tango Makes Three by Justin Richardson and Peter Parnell. The children’s book is about two gay male penguins creating a family and raising a female penguin, Tango.
“The job of raising children belongs to parents and guardians,” said Prentice. “It is a parent’s responsibility to protect their children from inappropriate and biased content. With the Alameda School District’s decision to adopt pro-homosexual instructional materials, a parent’s job has become that much more difficult.” said Prentice. “By the school board’s decree, many public school children will be trained in beliefs that contradict those of the home. It is no wonder that home schooling and private education continues to grow in California.”
Source: Yes on Proposition 8