Dan Choi, discharged under DADT, outside a military recruitment center to reenlist (AP photo -- from Politico)
The 18-year-old ban on gays and lesbians serving openly in the United States military came to an official end on Tuesday as the “Don’t Ask, Don’t Tell” policy was taken off the books following repeal legislation approved by Congress last year.
The historic day was met with support from President Obama, Defense Secretary Leon Panetta and leaders of the armed forces, as hundreds if not thousands of service-members celebrated their first chance to end the secrecy and “lies” that were all that allowed them to continue serving their country as gay Americans.
“As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love,” President Obama saids in a White House statement.
Defense Secretary Leon Panetta said repealing the ban on openly gay service makes this an historic day for the military and the nation.
Panetta said he is committed to removing all the barriers that prevent Americans from serving their country and rising to the highest level of responsibility they can achieve. He said the Pentagon will continue to look at other opportunities, including the role of women in combat.
Joint Chiefs Chairman Adm. Mike Mullen said that with the new law allowing gays to serve openly, the military is a stronger, more tolerant joint force with greater character
Repeal of the 18-year-old legal ban took effect at 12:01 a.m. EDT Tuesday, ending a prohibition that President Obama said had forced gay and lesbian service members to “lie about who they are.”
Some in Congress still oppose the change, but top Pentagon leaders have certified that it will not undermine the military’s ability to recruit or to fight wars.
Obama issued a statement saying he is confident that lifting the ban will enhance U.S. national security.
“As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love,” he said. “As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members.”
The Army was distributing a business-as-usual statement Tuesday saying simply, “The law is repealed,” and reminding soldiers to treat each other fairly.
Repeal of DADT will have immediate effects for the unknown number of gays currently serving in the US military, as well as those that were being investigated or prepared for discharge under the policy, as all manner of DADT enforcement was ordered to be abandoned.
But for those that already were forced out of the military for simply being a gay American, the end of DADT and the future of an open armed forces is more complicated. The military does not have a process set up to handle any individuals discharged under DADT, whether they want compensation or a chance to reenter military service.
One former soldier, now an activist after she was discharged several years ago when it was reported that she was caught “kissing a woman at a gay bar,” tells NPR that wants to return to the military but is unsure of how or if she will be able to restart her career.
First, Stacy Vasquez, who describes herself this way: “I like to say that I’m a government-certified homosexual.”
Vasquez was a 30-year-old Army sergeant first class when she was discharged under don’t ask, don’t tell. Someone said they saw her kissing a woman at a gay bar, and that was the end of her career.
“It ended right in front of my eyes that day,” she said. “That was a hard day.”
But it was the beginning of her very public role in the movement to repeal don’t ask, don’t tell. Vasquez became an activist, appearing with Lady Gaga at MTV’s Video Music Awards and giving countless speeches calling for an end to the ban.
Now that the ban has been lifted, Vasquez is applying to go back into the military — in the Army Reserves. But like others discharged under don’t ask, don’t tell, there are no guarantees.
“There’s no Monopoly card that says ‘go for free,’ no,” she said. “It depends on how many people they’re looking for, what background they’re looking for, what skill sets they’re looking for.
“And I have to pass my physical quals [qualifications]. I’ve gotten a little bit older. I’ve gained a little weight.”
So Vasquez may not get in, and that would be OK with her. She has different expectations now. She’s not going to have the Army career she had planned on eight years ago when she was forced out. Her high profile during the don’t ask, don’t tell debate helped her close that door — but it opened others.
Another victim of discharge under “Don’t Ask, Don’t Tell,” an Air Force Major that served for 13 years before being forced out, is marking the end of DADT by suing the military for reinstatement into his former position.
Like many others, Maj. Mike Almy views the end of DADT as “bittersweet” because it does nothing for those that were discharged when the policy was active.
When asked about the end of “Don’t Ask, Don’t Tell,” he said, “It’s a little bittersweet.”
He said, “It’s obviously a tremendous step forward toward equality for all gay and lesbian Americans, LGBT (lesbian, gay, bisexual and transgender) Americans. It’s long overdue. It’s obviously something that most of the rest of our allies have already (done), long-since changed their policies, and it’s past time that we do this in America. It came a few years too late for me, as well as the 13,000 other Americans and tens of thousands of Americans before 1993, when this became a law.”
Almy says he’s suing to be re-instated, instead of re-enlisting, because of the limited opportunities now available in the military.
He said, “For people like myself who want to get back into the military, they have to be physically qualified, medically qualified, as well as the military still has to have a need for them. Retention is at an all-time high right now as a result of the economy. More people are staying in the military, which translates to (fewer) opportunities for people like myself who want to get in. …. We filed this lawsuit last year, last December, before repeal was finally enacted. So at the time, we weren’t sure what was going to happen in the lame duck session of Congress last season.”
While the historic nature of DADT’s demise is unmistakable, perspective is important in reviewing this milestone for the military.
As noted earlier, service-members discharged under DADT in its 18-year lifespan have no or limited recourse for reinstatement or compensation.
Other markers of gay rights are being met with opposition across the country, with more and more states passing strict bans on same-sex marriage, civil uinos, and even domestic partner benefits or recognition.
Most importantly as related to DADT, there is a very real possibility that the policy could be reinstated, and that gays will once again be barred from serving openly in the United States military.
Many lawmakers in Congress opposed the House and Senate legislation that ultimately killed DADT. And several candidates for president in 2012 are on record as supporting reinstatement of DADT.
Rep. Michele Bachmann (R-MN), running for the Republican presidential nomination, said in an interview just last month that she ““probably would” reinstate “Don’t Ask, Don’t Tell”, and that the policy “worked.”
Such statements are not merely idle threats. Legal experts contend that DADT could be reinstated by a new presidential administration without much trouble. Technically, President Obama himself could order the reinstatement of DADT at any time. That’s because the legislation passed by Congress last year that led to Tuesday’s formal end to the policy never specifically ordered the military to allow gays and lesbians to serve openly.
Such an order could even go beyond reinstating the “Don’t Ask, Don’t Tell” policy, where gays are allowed to serve incognito, and return to the pre-1994 regulations of the military that expressly banned gays and lesbians from the armed services.
If elected president, Michele Bachmann said over the weekend, she would favor reinstating the ban on openly gay or lesbian people serving in the military, a policy known as “don’t ask, don’t tell.” Former Senator Rick Santorum has said similar things in the past.
Turns out that it wouldn’t be hard to do, legal experts say.
That’s because the law repealing the ban that President Obama signed last December did not expressly order the Pentagon to allow openly gay or lesbian troops in the armed forces. Congress merely laid out a process under which the ban could be lifted. Under that process, the president, secretary of defense and chairman of the Joint Chiefs of Staff had to certify that repeal would not undermine recruiting, retention, morale and other indicators of what is commonly called military readiness.
Once that certification was made and sent to Congress, the secretary of defense then had to prepare and issue new regulations allowing gays and lesbians to serve openly. That is where the process is now: the regulations are being written and the ban will be lifted on Sept. 20.
But because Congress did not require the military to allow open service, a new president could order his or her new secretary of defense to issue new regulations that effectively reinstate the ban, said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, which advocates for gay and lesbian troops.
A superlative victory for equality. About time.
Thanks for everyone’s hard work on getting DADT thrown into the dustbin of history. There’s still a lot more work to be done, but this step is one of the most crucial ones.
I spent a decade in the Army working alongside people from all walks of life. I’m eternally happy that some of my brothers and sisters in uniform will no longer be forced to hide. They can be who they are and that’s wonderful.
This is history. Not every day we get to experience something like this.
The end of DADT is just the first step. The fight will not be over until the offensive DOMA is also sent to the scrapheap of bad ideas. It won’t be over until ALL people have the right to legally marry the person they love. It won’t be over until GLBT teens don’t feel that the only way to stop people harassing them is to take their own lives.
This is a step in the right direction and I applaud it; however, this is just a footstep on the path to true freedom for all.
DADT bites the dust and this is something to cheer!
18 Years… Ain’t America Grand!? One dumb/failed policy down, dozens more to go!
If each one takes 18-20 years to change, we’re F***ed.
Thanks, President Obama, for signing this repeal into law!!!! Congratulations to everyone!!! DADT IS DEAD!!!!