news notes: beyond the Carolines
SLDN outlines path to DADT repeal
The U.S. House of Representatives and
the Senate Armed Services Committee have
voted to repeal "Don't Ask, Don't Tell," paving
the road to the end of the 17-year-old ban on
openly lesbian and gay service members. In
response, Servicemembers Legal Defense
Network (SLDN), a national, legal services and
policy organization dedicated to ending DADT,
has released a guide outlining the possible
path to repeal. The guide is reprinted here:
Senate vote:
•After the U.S. House of Representatives
passed the National Defense Authorization
Act (NDAA), the U.S. Senate is now poised
to take it up. An amendment that would al
low for the repeal of DADT was successfully
attached to the NDAA in both the House and
Senate.
. • Senate floor debate on the NDAA may begin
as early as June 18, but it could come later.
•SLDN and other repeal advocates will be
working to shore up a filibuster proof major
ity, 60 Senate votes, to proceed to consider
ation of the NDAA. While this is traditionally
a "must-pass" piece of legislation, the White
House has threatened to veto the bill due to
spending disagreements unrelated to the
repeal of DADT.
• Even with a filibuster proof 60-vote majority,
SLDN and our repeal allies will be closely
watching for any crippling amendments
offered on the floor and a "motion to strike"
that could allow repeal opponents to remove
the repeal language from the defense bill.
• SLDN is working closely with Senators
Joseph Lieberman and Carl Levin to guard
against any attempts to strike repeal or
weaken its provisions.
• For instance, we will vigorously oppose
any amendment to expand the certification
process in the "compromise." Opponents
of open service may be considering an
amendmentthatwould require all of the -
Joints Chiefs to sign off on the certification
process. This killer amendment is designed
to delay open service for years.
Conference committee:
• After passage in the Senate, repeal advo
cates will focus on the conference commit
tee where staff work would begin shortly
thereafter. The committee will be tasked with
resolving any differences in the House and
Senate versions of the NDAA. At this time, the
language in the repeal amendment for DADT
is the same in both chambers — a good thing.
• With similar amendment language.in both
chambers, there will be little to resolve.
However, SLDN does not underestimate the
"Big Four." The "Big Four" are the chairs
and ranking members in the House and
Senate Armed Services Committees. Only
one of the four supports repeal: Senate
Chairman Carl Levin. The ranking member in
the Senate, Sen. John McCain, and House
Chairman Ike Skelton and ranking member
Rep. Howard McKeon, do not
•The conference committee will produce a
conference report and we expect a-vote in
both the House and Senate chambers on
that report in September or early October.
Presidential bill signing:
• Generally, the NDAA is signed each year in
late October or early November. When the
president signs the NDAA—with the repeal
amendment attached — nothing would
happen. DADT will still be the law. Service
members will still be discharged.
Pentagon Working Group
report:
• On or before Dec. 1, the Pentagon Working
Group is required to submit its report to
Congress and the Secretary of Defense. The
working group was established to author a
report on "how" to implement repeal, not
"if" repeal should happen.
Certification:
• At some point after the Pentagon Working
Group submits its report, the Pre§ident
would transmit to the congressional Armed
Services Committees a written certifica
tion, signed by the President, the Secretary
of Defense, and the Chairman of the Joint
Chiefs of Staff, stating each of the following:
- That the President, the Secretary of
Defense, and the Chairman of the Joint
Chiefs of Staff have considered the recom
mendations contained in the report and the
report's proposed plan of action.
- That the Department of Defense has pre
pared the necessary policies and regula-
by David Stout
david@goqnotes.com
tionsto exercise the discretion provided by
the amendments made by subsection (f).
- That the implementation of necessary
policies and regulations pursuant to the
discretion provided by the amendments
made by subsection (f) is consistent with
the standards of military readiness, military
effectiveness, unit cohesion, and recruiting
and retention of the Armed Forces.
• DADT will still be the law at this point.
Service members will still be discharged.
Repeal effective 60 days
after transmittal:
•After the President transmits written certifi
cation to the congressional Armed Services
Committees, full repeal of DADT would be
effective 60 days later.
Open service: '
• Repealing DADT would not automati
cally allow for "open service." Policies and
regulations to allow gays and lesbians to
serve openly would need to be written and
put in place. SLDN will also encourage the
President to issue an executive order pro
tecting service members from discrimination
based on their actual or perceived sexual
orientation.
► The Williams Institute for Sexual
Orientation Law and Public Policy at the UCLA
School of Law has issued a report providing
see Beyond on 13
June 12-25.2010 qnotes 5