A lot going on in Don’t Ask, Don’t Tell repeal world currently, and taking off to Western New York for the holidays, I didn’t have time to write a longer piece, but wanted to fill everyone in on the latest. So instead, I’ll leave it to The Advocate’s Kerry Eleveld, who has started an online TV show. The first segment deals with DADT repeal and what’s on the horizon, and includes Sen. Mark Udall’s Chief of staff Mike Sozen and Servicemembers Legal Defense Network’s Aubrey Sarvis, along with Joe Sudbay from AMERICABlog. It’s a great segment that sums up what’s to come over the next two weeks.
The big news I will emphasize is that next week, Secretary Gates, Admiral Mullen, and the two co-chairs of the Pentagon working group tasked with the report (Gen. Carter Ham and Jeh Johnson) will testify on the Hill on December 2nd regarding the new report. While the full report hasn’t been released yet (it’s set to be a day early, November 30, to give committee members time to read it), an early leak showed an overwhelming majority of servicemembers stating they have no problem with open service. Of course, there are plenty of other questions the survey asked, and analysis, to dig through, but given that even Sen. Webb, who voted against repeal in committee, is stating that he will take the Pentagon report very seriously, it could very well be the last oomph needed to get this baby delivered. It’s also critical because the next day, the Armed Services Committee will hear from members of the Joint Chiefs, a few of whom are vocally critical of repeal. That’s where we stand. For more background on swing Senators, see an earlier piece here.
I will leave you with Kerry and the crew. Happy holidays.
Note: I’ve been on post-election family vacation/recharging, which is why I’ve been absent the last week or so, but now I’m back to writing.
If you haven’t seen the news last night, Sen. Reid committed to moving DADT repeal via the defense authorization bill to the floor after the Thanksgiving recess. There are still a number of problems, one being that Sen.-elect Mark Kirk is set to take his seat on Monday, November 29th, depriving our side of one vote (Kirk voted against the successful amendment to attach repeal while in the House). If you’re thinking he may now change his position based on the Pentagon report set to show that repeal will not affect unit cohesion, military readiness or the like; or that his new representation of the entire state of Illinois will move him, his spokeswoman poured cold water on that idea.
The second is whether or not we will have a bill the accords Republicans no excuses. Meaning, the bill was filibustered before the election, with not a single Republican voting aye and two Dems (Lincoln and Pryor) voting nay over Reid’s refusal to allow amendments. If he backs down from that refusal and/or allows what some Republicans are demanding- a week or two of debate- then it is likely, but not certain, that the bill will pass cloture overwhelmingly. And such debate stretches out a lame duck session, which already includes planned hearings in the Senate Armed Services Committee on the Pentagon report. So basically, we may have yet another extended debate.
Chairman Levin also offered the idea that repeal of the statute pass stand-alone, something which is less likely to work, as getting 60 votes on that is very difficult, plus it would need to go back to the House.
All in all, it means it’s time to pick up the phone. 202-224-3121 is the Capitol switchboard. Especially important those with uncommitted Senators, particularly those in Arkansas, Massachusetts, Ohio, Indiana, Alaska, New Hampshire, and Maine.
Update: At a Capitol Hill press conference with a posse of supportive Senators and pro-repeal organizations, via Twitter, evidently Sen. Lieberman told the room Collins and Lugar will vote for cloture “if debate is fair”. This is in line with reports of the request for floor debate and open amendments, the latter of which I know is what moved Collins to a no on the vote before the holiday.
This morning the news came out that Pentagon officials are directing military recruiters to accept applicants who are openly gay or lesbian. That sound you may hear is the sky falling. Or not.
It’s like complete bizarro world for me with this news. Some of you may or may not know that early in my political organizing work, I volunteered as an organizer for Soulforce, a national LGBT advocacy organization that uses non-violent techniques to focus on and combat religious-based bigotry. Soulforce recruited volunteer organizers and flew us up to Minneapolis, where we did a weekend-long training on direct action, non-violence, and organizing techniques. We then returned to our home jurisdictions where I spent a few months organizing on the ground- meeting with LGBT student groups at local universities, reaching out to the press, working to get local elected officials to support us, and so forth. In the end, it was a successful day of action where two fellow activists- ages 19 and 24- attempted recruitment as out bisexual and lesbian women, and were denied, as dozens more sat in the recruitment office in solidarity. Some coverage from local paper Metro Weekly:
Closed Door for Navy Hopefuls
Local recruiting office closed as gay Americans attempt to enlist
Two women were ready to join the Navy on Tuesday, but the Navy wasn’t ready for them.
Continuing a 30-city campaign of protest against the ”Don’t Ask, Don’t Tell” policy that bans openly gay people from serving in the military, the two women — one a lesbian, the other bisexual — attempted to enlist in the Navy Tuesday morning at the military recruiting office near the corner of 14th and L streets NW.
The campaign, running under the banner of ”Right to Serve” and sponsored by Lynchburg, Va.-based Soulforce, has seen gay, lesbian and bisexual potential enlistees — all planning to announce their sexual orientation during the application process — arriving at recruiting offices to face everything from closed doors to arrest. Tuesday’s action, with Alexandra Douglas-Barrera, an 18-year-old lesbian journalism student at the University of Maryland, and Mandy Rae Craig, a 24-year-old, bisexual, public policy graduate student at American University, met with a closed door.
But the meaning behind the door was open to interpretation.
”They’ve shut the door on two young Americans who want to serve their country,” Adam Bink told press and about a dozen allied protesters in a hallway of the recruiting center. Bink is the local Right to Serve organizer.
[…]
Regardless of why the Navy door was closed, the Don’t Ask, Don’t Tell policy makes clear that a potential enlistee disclosing a non-heterosexual orientation is not welcome in the military. Craig and Douglas-Barrera — as well as other supporters on hand, including Ward 6 Independent City Council candidate and Coast Guard veteran Will Cobb — are insistent that this discriminatory policy is a bad one for America.
”Basically, [I offer the Navy] an undergraduate degree in political science, where I studied intelligence, and a commitment to my country,” Craig told Metro Weekly on the eve of her enlistment attempt. ”We can set the standard for service. We can be examples.” Craig has set something of an example already, giving more than 900 hours in community service as an AmeriCorps volunteer.
”I’m half Columbian, fluent in Spanish. I feel like that would be of use to [the military],” says Douglas-Barrera. ”I feel like I’m really lucky to be an American. I’d like to give back and show my appreciation for the country I love.”
While one piece of a big puzzle in the long effort to repeal Don’t Ask, Don’t Tell- an effort still not over- the 30-city campaign helped focus and move the public on this issue, and it makes my head spin to see this news that the Pentagon is accepting openly gay and lesbian applicants. It does feel pretty heartening to put months of sweat and work in and get some result. The push continues
Coming off the Department of Justice brief asking that DADT be continued as a policy- which Paul wrote about this afternoon- the Department of Justice and this policy was dealt another setback breaking just now (CNN):
A federal judge has ordered the reinstatement of an openly lesbian former Air Force major who was dismissed from the military under the government’s “Don’t Ask, Don’t Tell” policy.
Judge Ronald Leighton of Tacoma, Washington, made his ruling Friday and is the latest legal and political setback for the Obama administration, which is seeking to end the policy through a legislative and executive solution.
Maj. Margaret Witt, a decorated flight nurse with 20 years of service, had sued to return to the Air Force Reserve. She was honorably discharged in July 2007 on the grounds that she had a six-year relationship with another woman, a civilian.
“Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the United States Constitution. She should be restored to her position as a Flight Nurse with the 446th AES as soon as is practicable,” wrote the judge.
This was was actually cited in the California ruling on which the DOJ brief was filed last night. The Ninth Circuit had vacated and remanded the District Court ruling in part and it returned it to the lower court, saying that DADT is subject to heightened scrutiny and must advance an important legitimate governmental interest. This ruling applies only to her discharge, but as below, it sets an important precedent.
Statement from Servicemembers United, whose executive director, Alex Nicholson, was named in the California case and testifed:
Servicemembers United, the nation’s largest organization of gay and lesbian troops and veterans, proudly hailed today’s decision in the lawsuit brought by Air Force Major Margaret Witt and the American Civil Liberties Union of Washington State challenging Major Witt’s discharge from the Air Force under “Don’t Ask, Don’t Tell.”
“Yet another judge has taken yet another righteous, historic, and courageous stand against a discriminatory and unconstitutional law,” said Alexander Nicholson, founder and Executive Director of Servicemembers United. “Major Witt’s case is a clear-cut one in which her discharge itself actually harmed unit cohesion, morale, and combat readiness.”
This legal victory against the “Don’t Ask, Don’t Tell” law is the second this month, with a judge in Riverside, California previously declaring the entire “Don’t Ask, Don’t Tell” law unconstitutional in a facial challenge to the law brought by the Log Cabin Republicans. Major Witt’s victory will apply only to her own discharge, but the precedent set with this decision and the previous appellate court ruling in this case on the standard to be used in deciding on “Don’t Ask, Don’t Tell” discharges all contribute to a significant shift in how courts appear to be viewing and treating the “Don’t Ask, Don’t Tell” law.
Just now, the Senate voted against consideration of the National Defense Authorization Act, which contained an amendment to begin repeal of DADT (I say begin because there’s a whole separate process including Pentagon review, certification, etc. to come even after the President signs the legislation). The vote was 56-43. Every single Senate Republican voted no, as did Lincoln and Pryor (Reid voted no for procedural reasons so as to bring it back up again).
There’s a lot of discussion going around on blame. As usual, the GOP sucks- even Susan Collins, who voted for repeal in committee, but is beholden to stupid procedural arguments from McConnell on amendments.
As usual there will be dumb arguments like “The Dems suck, this is alllll their fault”, which is right and wrong. It’s wrong in the sense that “The Democrats” or “The Democrats suck” is a dumb overgeneralization that is used far too often instead of naming specific bad actors. It’s wrong in that it misses the fact that 96% of Senate Democrats voted for repeal and 100% of Senate Republicans voted again, and the value of primaries aside, I cannot fathom why in such a clear display of opposing values, folks want to focus entirely on the Democrats instead of vulnerable gasbags everywhere. It’s wrong in the sense that the Senate Dem leadership kept their promise to bring it up for a vote, and we only got this far by passage in the House with almost entirely Democratic votes. There are more examples.
But it’s right in the sense that as usual, the Administration, beyond issuing a bland statement and a Statement of Administration Policy over the last two days, didn’t do much to help. As Obama said at last October’s HRC Dinner, “It’s a privilege to open tonight for Lady Gaga.” Ain’t that the truth in terms of who goes further in standing up for the LGBT community. GetEqual is calling on Obama to stop the discharges, something he should have done a long time ago. And it’s right in the sense that Lincoln just proves another reason she sucks and will get creamed in November, and then there’s Pryor. But, the way this was handled procedurally is troubling.
So my reaction to this is of course anger, but also motivation to find which Senators suck- on both sides of the aisle- and replace them. Not take the easy way out by throw up my hands and blaming everyone.
In terms of what’s next, Lieberman, who has been a strong supporter of repeal, said today at a presser that he’s been assured the leadership will bring it up again after the election. There’s also the DADT case in California, which the Justice Department can decide not to appeal. This ain’t over.
Chris Johnson over at the Washington Blade is reporting that a senior Democratic leadership aide told him Reid met with McConnell to inform him the defense authorization bill, which contains an amendment to begin repeal of Don’t Ask, Don’t Tell, will come to the floor next week. (Update: Kerry Eleveld confirms the news). It’s expected that a motion for unanimous consent will be objected to, and as Sen. McCain and cohorts plan to filibuster, a 60-vote threshold will be required to end debate on the bill. For my own part, multiple sources have told me more than 60 votes exist to end a filibuster.
Also, Servicemembers United’s Alex Nicholson, who was a named party, and testified in, the DADT case in which a ruling came down last week striking down DADT as unconstitutional, has a good op-ed (with a great title) calling on Reid to do the right thing and bring the bill up for a vote. It looks like that now is going to happen.
In other news, you may have heard that Lady Gaga brought four servicemembers discharged under DADT to the red carpet the VMA’s last night (as well as Tweeted about it). I was also told by friends who went to her concert here in DC last week that she talked about the importance of repeal at her show. And as of his blog post, if you go to www.ladygaga.com, her site redirects to a photo of her with the servicemembers and a request to go to Servicemembers Legal Defense Network’s website to join the fight.
I think it’s especially noteworthy because of her tweet:
Silks, fabrics, shoes + jewels, fashion dreams + breaking rules. Real heroes on my arm, tonight, is for us monsters, and our fight. X
4:27 PM Sep 12th via Twitter for BlackBerry®
I interpret it as not just a reference to how her fashion choices and approach to music “break rules”, but the rules broken by mixing “politics” and entertainment- especially in this fashion. Gaga has a lot of gay fans and I’ve often found a lot of friends- gay and straight, but especially gay- lament “politics” mixing with entertainment. “Shut up and sing” types (Dixie Chicks, anyone?). I posted the news on Facebook and, predictably, got a couple of messages privately from fans who agreed with that sentiment. It’s nice to see an artist risk all of that, and I think it’s especially fitting for Gaga, whose modus operandi is breaking rules without giving a damn and whose fans I often find appreciate that, to bring up an important issue at a critical time. It’s defusing an objection without overtly doing so.
You may remember the outrage as the Pentagon decided to survey about 400,000 servicemembers regarding their opinions on repealing Don’t Ask, Don’t tell. Aside from using the term “homosexual” frequently throughout, the survey included questions like:
“If Don’t Ask, Don’t Tell is repealed and you are assigned to bathroom facilities with an open bay shower that someone you believe to be a gay or lesbian Service member also used, which are you most likely to do?”
“If Don’t Ask, Don’t Tell is repealed and you are working with a Service member in your immediate unit who has said he or she is gay or lesbian, how, if at all, would your level of morale be affected?”
“If Don’t Ask, Don’t Tell is repealed, how, if at all, will it affect your willingness to recommend to a family member or close friend that he or she join the military?”
This past week, we find out that the Pentagon is also surveying about 150,000 spouses of servicemembers. Seriously. And as I wrote at the time of the earlier survey, I wouldn’t be surprised if some remarkable response figure from a question with biased wording is leaked and all of a sudden Sec. Gates has concern about certification.
But since they’re playing this game, we’re partnering with SLDN to take up another “Letters” project, which we did here at OpenLeft before the repeal vote. Below you will find a letter from the family member of a servicemember discharged by DADT. It’s hoped that these letters will help combat the narrative generated in the media.
The letter below is especially close to me, as it’s a very moving letter from Nancy Manzella, who like me is also from Western New York and the mother of a servicemember. Her son, Darren, an Army Sgt., was discharged under DADT after tours in Iraq treating wounded servicemembers under fire. It’s directed to the two men responsible for overseeing the Pentagon review as well as certain Senators.
August 24, 2010
Hon. Jeh C. Johnson
General Counsel, U.S. Department of Defense
Co-Chair, Comprehensive Review Working Group
General Carter F. Ham
Commanding General, U.S. Army Europe
Co-Chair, Comprehensive Review Working Group
Dear General Ham and Mr. Johnson:
My name is Nancy Manzella and I have been a mother for 34 years. My husband and I live in rural Western New York where we have made our home at a grape vineyard and have raised three wonderful sons. We now have beautiful daughters-in-law and grandchildren. We are proud to say that we are the all American family.
I also was a military mom for six years. Our son, Darren Manzella, served two tours in the Middle East in support of Operation Iraqi Freedom as a Soldier in the United States Army. He was promoted to sergeant, was a team leader of a medical squad, and conducted more than 100 12-hour patrols in the streets of Baghdad, treating wounds and evacuating casualties of sniper fire and roadside bombs.
Darren was awarded the Combat Medical Badge, honoring him for treating American and Iraqi troops while under fire. He saved lives while putting his own in precarious situations by treating gunshot wounds to blast injuries and more. He was “out there” and our family knew he was in constant danger.
As anyone who is familiar with our military knows, service takes tremendous sacrifices, not only for those who serve, but for their loved ones they leave behind. Our family was always concerned for Darren’s safety, as all military families are for their sons and daughters in uniform. We were also concerned for him because he was openly gay while he served his second tour. We knew that anyone in a war zone was at risk of being harmed at any time, but we also understood that because of “Don’t Ask, Don’t Tell,” Darren was especially vulnerable. He could be fired, forced out of the Army, and potentially face harassment and abuse. The stress was incredible.
“Don’t Ask, Don’t Tell” not only affects the gay and lesbian service members’ lives, but also throws their loved ones, friends, and all family members’ lives into a stressful nightmare. We cannot get to them if they need us for support, as they are thousands of miles away. The ban impacts so many lives adversely. It causes unbearable stress on everyone concerned, especially with the constant fear that we may slip up, we might inadvertently “out” them even in a simple letter from home. The “All American Families” who have gay or lesbian service members serving are living with this stress every day.
As parents, this law offends us deeply. It tells us that our gay and lesbian children who are in uniform and putting their lives on the line every day, saving lives, are not good enough to serve their country. The law discriminates against family members, forcing fear and anguish into their lives. Our sons and daughters should be judged on their performance, loyalty to country and bravery, not their sexual orientation.
We need to support all American military families – straight or gay.
Our son was fired under “Don’t Ask, Don’t Tell” and I still believe to this day he would willingly serve his country again if this law ended. I can tell this discharge not only affected his military career, but caused him to question his self-worth. Under the law it doesn’t seem to matter how good you are at your job; how many lives you save or people you support; or how patriotic and dedicated you might be. If you happen to be gay or lesbian, this law says you are somehow “less than.”
The Army teaches honor and integrity and holds those values dear. Despite these values, the Army still isn’t allowed to let our gay and lesbian troops live up to that potential because of “Don’t Ask, Don’t Tell.” Under this law, troops are forced to be dishonest, to put integrity to the side, and to live in the closet – with their families closeted beside them – denying who they are.
They need the opportunity to “Be All That They Can Be.”
I am urging you to support the repeal of this unjust law. The values that we gave our kids, and the values the Army told Darren they believe, are really the values we should strive for. But until this law is gone, those values are undermined by unfairness, discrimination and prejudice. I realize that our country is in the midst of great change having to make many crucial decisions. I also understand that the Administration has “a lot on their plate” right now. I’m an American, too, and have many concerns about our country. But, “Don’t Ask, Don’t Tell” repeal cannot and should not be pushed down the road.
Over the weekend, I was talking with some friends about the movie The Hurt Locker which won Best Picture over Avatar at the most recent Academy Awards. I was thinking about it in the context of Don’t Ask, Don’t Tell, because we mused about how interesting it would be if one of the members of the three-member group working to disarm enemy explosives turned out to be gay, and what an amazing plot twist and positive message that would be. Advocacy work in efforts to repeal DADT have (smartly) included straight allied servicemembers who have testified and lobbied their members in support of repeal with the message “it didn’t matter that the guy serving next to me was gay”. What would be even better is placing that in a context of war, visually.
This great new ad from Servicemembers United starts to get at that:
Placing the recipient of the messaging in the fight, visually, is extremely compelling.
SU is running several versions of these ads on TV in targeted Senate states next month to build support for a pro-repeal Senate vote. The campaign website is here.
I haven’t written much on the appalling DADT survey that the military is sending out to Armed Forces members. This is the survey that includes questions like:
“If Don’t Ask, Don’t Tell is repealed and you are assigned to bathroom facilities with an open bay shower that someone you believe to be a gay or lesbian Service member also used, which are you most likely to do?”
“If Don’t Ask, Don’t Tell is repealed and you are working with a Service member in your immediate unit who has said he or she is gay or lesbian, how, if at all, would your level of morale be affected?”
“If Don’t Ask, Don’t Tell is repealed, how, if at all, will it affect your willingness to recommend to a family member or close friend that he or she join the military?”
as well as uses the term “homosexual” often and interchangably in the survey, a negative term about which I’ve written here and one that engenders feelings of bias and discrimination, which is why you see the right-wing haters use it constantly, and why support for “homosexuals” serving in the military declines dramatically in public polling compared to “gays and lesbians”. You can read the whole survey in all its shamefulness here, and Servicemembers United has a memo highlighting the most offensive parts and why they’re biased and/or unnecessary.
I decided to write today because Sen. Levin’s comments this morning got at what I think the heart of the issue is with this. Here’s Levin:
Armed Services Committee Chairman Sen. Carl Levin told reporters this morning at a breakfast hosted by the Christian Science Monitor that he supports surveying troops about the repeal of the Don’t Ask, Don’t Tell ban on LGBT people in the military. Levin said it can’t hurt to take the temperature of military rank-and-file, but cautioned that troops should not feel like they can influence the policy’s outcome.
“The military is not a democracy,” Levin said. He also said he “can understand the resentment in the gay community” about the phrasing of the survey.
[…]
Levin said during the breakfast that the surveys, which have sparked uproar in the LGBT community, are unprecedented since troops weren’t asked when the military increased inclusion of women. “It’s a very good idea to get the attitude of the troops on things,” he said. But Levin said it’s important troops do not think they have “veto power” but rather that they understand they are answering the questions to help implement the inevitable repeal of the Clinton-era policy.
While communicating the message about “veto power” is important, I think this is missing the point of what I really see as the intention of this survey. Throughout this whole process I have observed how the military and its leadership have gone to great lengths to undermine and gut repeal, from service chiefs undermining the Commander-in-Chief’s position to setting the deadline for the review to be after the midterms to the Gates/Mullen letter. The Pentagon and its spokesperson, Geoff Morrell, can say all they want about need for such a survey to help determine whether there needs to be more education or “adjustment to facilities”- while simultaneously swearing there will never be segregated showers or barracks. For this military, which never surveyed when integrating African-Americans or women into the military, or putting women into combat roles, I see this as yet more one tactic in their playbook.
So I won’t be surprised when I see figures from a survey with biased wording, whoops, accidentally “leaked” like “79% say they would either stop bringing their spouse/significant other/family member with them to military social social function, or stop going altogether if they saw a gay/lesbian service member attending with a same-sex partner”. I’m not forgetting that three individuals have to certify repeal and one of them- Sec. Gates- is one I wouldn’t be surprised to “express concern” at such figures and decline to certify or put off repeal who knows how much longer. Color me cynical, but that’s where this process has gotten me vis-a-vis this military’s leadership. I don’t trust them as far as I can throw them.
Blade: Madame Speaker, a question on the Employment Non-Discrimination Act. How confident are you that if that measure came to the floor there would be enough votes for passage and to overcome a motion to recommit?
Pelosi: Well, first of all, we still have to finish “Don’t Ask, Don’t Tell.” We were able to pass the bill with a 40-vote majority in the House of Representatives last Thursday before the break. We’re very proud of that vote.
I was disappointed, however, the next day, when the full measure came to the floor to pass the defense authorization bill. Only nine Republicans voted to pass the defense bill. This is historic. Republicans are now voting against the defense authorization bill – only nine did – because “Don’t Ask, Don’t Tell” was in the bill.
And now, of course, we’ll go – after the bill passes in the Senate – we’ll go to conference. But our work is not finished in that regard, so one thing at a time.
ENDA is personal priority for me, and I [understand] the focus for that, but because the defense bill came up now, we did “Don’t Ask, Don’t Tell” first. But we want to finish that.
Unfortunately, I am pretty sure that if the Speaker’s timeline means what I think it means, that will mean no action on the Employment Non-Discrimination Act this year. DADT still needs to pass the Senate, go into conference, and be voted upon by both houses, and from what folks close to this have told me, all that is scheduled for completion in September- and that’s assuming the funding for the F-35 strike fighter doesn’t make it in and the President vetoes the bill and we have to do this all over again. It is extremely unlikely that either House will act on ENDA before leaving for the fall campaign recess. And I don’t think last week’s defeat of GENDA in a New York State Senate Judiciary Committee vote, complete with Sen. Lanza’s concerns over the bathrooms issue, helped any, nor did Sen. Reid recently leaving ENDA off his proposed legislative schedule.
On the other hand, owing to Speaker Pelosi’s penchant for not voting on bills until they have sufficient support, it was very unlikely there was going to be action anyway until the votes were had. It is widely known that the votes are not there to defeat a motion to recommit that would strip gender identity protections from the bill. So I feel less like I want to shake my fist at the House leadership and more angry that this bill has already been negotiated and re-negotiated to incorporate concerns over that issue, but still lacks sufficient support.
This week and weekend is Pride in DC, when most people I know will drink heavily, go clubbing, watch parades, and go to a street festival on Sunday. And maybe celebrate action on DADT. For me, Pride will also serve as a reminder that there are those in our community who cannot have any pride at the workplace, and must remain closeted. Going into next year, it will still be legal to fire people on the basis of sexual orientation (who you love) in 29 states, and on the basis of gender identity (your actual or perceived sex/appearance) in 38 states- over half the Union in both cases.
Yesterday I wrote about Rep. Dave Reichert’s effort to have it both ways on repeal of Don’t Ask, Don’t Tell, using the excuse that he really wanted to vote for repeal but then set up a false argument that voting for repeal somehow wouldn’t take into account the opinions of “the generals in command”, despite everyone bending over backwards to make sure those are exactly the opinions taken into account.
Today is the newest lame excuse, from GOProud, a gay Republican group- that newly elected Rep. Charles Djou (R-HI) voted for repeal, so his reason shouldn’t matter. So what exactly was his reason?
DJOU: On that particular issue, it comes from personal experience. I have served for nearly 10 years now in the United States Army Reserve. What concerned me about the Don’t Ask, Don’t Tell policy is that it just simply doesn’t work.
Sounds good so far, right? Wait, here’s the rest:
And I have seen too many instances as an army reservist, soldiers would sign up for a re-enlistment bonus. Get this gigantic sum from the American taxpayer. And then as soon as the unit gets called up to mobilize to Iraq and Afghanistan, they suddenly claim they are gay, with no prior indication of that whatsoever. Get the discharge and keep the bonus. That’s wrong, that’s unfair and that’s why this policy should be changed.
Djou voted in favor of repeal to prevent servicemembers from gaming the system. Okay. Perhaps that’s a serious problem, but it kind of makes me laugh when Jimmy LaSalvia with GOProud tells The Advocate that none of that matters:
“The fact that any on the gay left would analyze why Charles Djou voted for DADT repeal, rather than the fact that he did, shows that they are more interested in affirmation and the group hug than actually delivering results for our community,” he said.
Um, okay. Then don’t expect any “group hugs” from the LGBT community for this guy. All of a sudden what members of Congress from D+11 districts in blue states tell the public on TV about why they support legislation doesn’t matter at all? I know LaSalvia was just happy to avoid embarrassment for his group supporting Djou in the special election- and frankly, was probably desperate to be able to count the number of, using his definition, “pro-gay” Republican members of the House on more than just his fingers- but get real. Votes are votes, but with some members, there’s a higher yardstick to earn support.
From Day One, when the Administration announced this Pentagon review, word all over Capitol Hill when our side did lobby days was that this or that member would not commit to review because they wanted to wait to see what the Pentagon review said. The review essentially gave cover to those who either opposed repeal but didn’t want to say so, or supported it but did not want to take a vote on it, by allowing them to say they wanted to “follow the process”, refusing to take a position. It eventually became a serious roadblock towards repeal because of the timeline around it. It’s a bad excuse no one should fall for, because lots of people in elected office had positions on the merits of repeal before the review was announced, so there is no good reason that all of a sudden you have no opinion, or your previous opinion evaporated, just because there’s a review. Rep. Brad Ellsworth, for example, even sits on the Armed Services Committee and could not bring himself to take a position all year long. I even asked him directly in a liveblog at Blue Indiana and he ignored the question (though eventually voted yes).
So, when folks like Rep. Dave Reichert use it, I roll my eyes. From Joe at the Seattle P-I:
Congressmen Reichert can’t have it both ways. After getting blasted by bloggers, Equal Rights Washington, and his opponent Susan DelBene, Reichert issued the following statement in an attempt to back peddle from his clearly inexcusable no vote on an Amendment that could lead to the repeal of “Don’t Ask, Don’t Tell.”
“Let me be clear: I am not suggesting homosexuals should not be able to serve openly in the military. One of the greatest duties of this Congress is to protect the freedoms and liberties of all Americans. I hope we can all agree that it is unjust to deny people the right to pursue the American Dream and realize success and opportunity in the workplace. That’s why I’ve supported legislation such as the Employment Non-Discrimination Act. However, I believe policy decisions affecting the military must reflect the input, perspectives, and judgment of the generals in command, and a decision on this issue must be entrusted to them. We must continue to support the men and women who are risking their lives each and every day and ensure that they have the best training and equipment available to carry out their duties.”
Reichert is trying to have it both ways in terms of wanting to get LGBT community support. Since January, everyone has bent over backwards with the purpose of helping individuals like him are moderates or from tough districts have enough “cover” to get to a yes vote in favor of repeal, and he still can’t do it. The President announces at the SOTU. Sec. Gates and Admiral Mullen testify in support. Colin Powell and even Dick Cheney (you read that right, Dick Cheney) come out in support. Last week’s CNN poll put the public at 78% in support, a number that goes back, give or take a few points, for three years. Then a compromise is made to give the Pentagon review even higher attention and priority and to require the President, Secretary of Defense, and Chairman of the Joint Chiefs to “certify” that this is essentially good for the country. Then a 60-day waiting period is added to the language, post-certification.
All of this, and Reichert still can’t bring himself to vote for repeal? Please. Don’t come ’round here saying you really wanted to vote for repeal but just couldn’t bring yourself to do so after the entire world bends over backwards to give individuals like yourself all kinds of reasons to support repeal. The same goes for Jim Webb and anyone else using that excuse.
The House has passed the amendment sponsored by Rep. Patrick Murphy to begin repeal of Don’t Ask, Don’t Tell by a vote of 234-194. Five Repulicans voted in favor, while 26 Democrats voted against. The amendment repeals the statute on the books and also sets forth the certification process following the Pentagon review that I’ve described this week.
The House vote follows the vote to repeal the statute by the Senate Armed Services Committee. Later this summer there will be a full Senate vote, which despite McCain’s threat to filibuster is fully expected to make cloture, as well as conference committee and the President’s signature. But these two were the highest hurdles to clear, and it is big news that we have done so.
The fight is far from over, as supporters of repeal need to keep pressure on the Administration through next year, but as Tammy Baldwin said during House debate today, this is a step on the path towards full LGBT civil rights.
Just now, the Senate Armed Services Committee voted to pass Lieberman-Levin amendment to begin repeal of the Don’t Ask, Don’t Tell statute on the books. The vote was 16-12 with one Democrat (Webb) against and one Republican (Collins) for. The House is now expected to take up repeal via the Murphy amendment to the defense authorization bill.
A big, big step forward on the path of repeal, and one that looked increasingly unlikely several weeks ago after the Gates letter and then several swing Senators coming out against repeal. My deepest thanks to all of who made calls and asked constituents you know to do so as well. And kudos to all the pro-repeal organizations, bloggers, netroots activists, and other advocates out there who refused to concede defeat and push this through. After 17 years of this terrible policy, we are a giant step towards removing it from the books and ending unjust discrimination, saving taxpayers money, and making our military stronger.
A refresher of where we are and what’s on the table:
Yesterday, Sens. Ben Nelson, Byrd and Bayh came onboard with voting in favor of the Lieberman-Levin amendment to repeal Don’t Ask, Don’t Tell. Sen. Webb is the only Democrat to publicly announce he will oppose the compromise. Unless yesterday’s traction changed his mind (or that of any Republicans), going into today’s vote we will have 16 votes in favor of repeal, including one Republican (Collins), to 12 opposed.
On the timeline, the Senate Armed Services Committee is expected to vote today on the Lieberman-Levin amendment to the defense authorization bill. If, as expected, it passes, it will be attached to the bill which will proceed to the floor, and we will have passed the first major hurdle.
To be clear, no, Sen. Byrd’s 60-day language, which would delay implementation of the new regulations by 2 months after certification by the Administration, would not send this back to Congress. To respond to wild rumors floating around the Twittersphere, there is also no evidence thus far that it is a “poison pill” that will “screw up the compromise”. There’s really no good reason for what Byrd wants, but frankly, after waiting 17 years, I can deal with waiting another two months.
The House Rules committee certifies Rep. Murphy’s amendment as in order. The rule allows for ten minutes of debate on the amendment. A vote on the amendment is expected to be delayed until Friday because of stimulus work coming up, but there is a chance they will vote today after the SASC vote. This is the other major hurdle expected to set aside.
After passage, Congress will go into recess, and a full Senate vote, conference committee and the President’s signature is expected later this summer.
I will be keeping an eye on the votes throughout the day.
