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Robert P. Saldin

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Don't Ask Don't Tell Needs to Be Addressed During Lame Duck Session

Posted: 11/08/10 03:32 PM ET

Democrats weren't the only ones to suffer a stinging defeat last week. Two years ago the demise of "Don't Ask, Don't Tell" (DADT) -- the military's ban on openly gay service members -- appeared certain. But gay rights won't be at the top of Republican Speaker John Boehner's agenda come January.

That means proponents of repealing DADT need the Senate to act in its upcoming lame duck session. And that's far from certain because DADT will need to compete with other Democratic priorities in the typical eleventh hour triage of remaining agenda items.

To keep the pressure on Democrats to act, proponents of repealing the discriminatory policy should consult their history books for a compelling and time tested rationale for expanding minority rights. Repeal of DADT needs to be couched as a practical and moral wartime necessity. Practical, because DADT deprives our military of needed personnel. Moral, because service to one's country demands acknowledgment, respect, and -- if history is any guide -- a reassessment of minority rights.

When a German U-boat torpedoed the Lusitania, drawing the U.S. into World War I, the "men only" signs at polling stations soon went down with the ship. Feminists had long been agitating for suffrage rights, but three attempts at constitutional amendments had failed badly. Then women contributed to the war effort by entering the workforce en masse. As President Woodrow Wilson said, "We have made partners of the women in this war... [It] could not have been fought... if it had not been for the services of women." In this new context, the Nineteenth Amendment sailed through, providing women the franchise.

America's next few international conflicts had similar effects for groups facing discrimination. Manpower shortages in World War II and Korea necessitated placing African Americans -- then thought unreliable and likely to flee -- in combat roles.

Fighting and dying with honor on the front lines raised new moral considerations that factored heavily in changes back home. The Army was fully integrated, and in the Jim Crow South, federal legislation abolished the poll tax while the Supreme Court struck down the all-white primary.

Vietnam yielded another constitutional amendment. 18-20 year old kids who'd long been eligible to die for their commander-in-chief became eligible to vote him out of office.

DADT is well situated to become the next casualty of war. As former Marine Eric Alva, the first U.S. service member to be wounded in Iraq and who later came out as gay, told me, Iraq and Afghanistan "allowed an opening."

Like the manpower shortages in World War II and Korea, part of the consideration is practical. Since September 11, DADT has led to the dismissal of dozens of desperately needed Arabic translators along with hundreds of other soldiers possessing similar critical abilities.
A retired Marine infantry commander said:

for a guy who's been in that seat and had to enforce that policy, it's a black and white issue: If the rule exists that makes it a violation of the uniform code of military justice to come out, then for me as an officer, the policy has to be enforced. But personally, from the perspective that we're at war, this is ridiculous because you're now denying yourself critical personnel and skills. For a military person, it's a crying shame that talented linguists, for instance, are getting kicked out.

But the moral consideration is just as important. Regardless of DADT, plenty of gays are currently serving in the military. According to UCLA's Williams Institute, the armed forces contain over 65,000 gay service members, or about 2% of all personnel. Needless to say, these gay soldiers aren't exempt from being shot by snipers or blown up by roadside bombs.

In the years since Alva lost a leg to a landmine while on patrol in Basra, he's found that his sacrifice forced many to take a second look at DADT.

They say, "he's made that sacrifice and we should reward him." What people started noticing is that men and women are getting injured and losing arms and legs. For us to then turn away a veteran who has served the country -- to not say your service is honorable -- is a disgrace.

The broader implication is that service to one's country demands acknowledgment, respect, and -- with remarkable frequency -- a reconsideration of minority rights. Wars in Iraq and Afghanistan have allowed Alva -- like those subjected to discrimination in past generations -- to play a compelling moral trump card: "Look me in the face and tell me you can't thank me for my service." Facing a frantic lame duck session, proponents of repealing DADT need to exploit this time-tested rationale for expanding minority rights before this golden opportunity slips away.

 
 
 
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HUFFPOST SUPER USER
Aaron Aarons
05:46 AM on 11/11/2010
If the Israelis give their gays equal rights to kill Palestinians and Lebanese, why can't we give our gays equal rights to kill Iraqis, Afghans, Pakistanis, Yemenis, ....?
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HUFFPOST SUPER USER
Ioan Lightoller
Proud Married Gay Pagan Man
04:40 PM on 11/09/2010
I think we need to realise that the chances of anything being done on DADT before the lame duck session closes are minimal at best and non-existent at worst. They had almost 2 years to act on this and they didn't. What makes anyone think they are going to do something different?
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sprtakis69
Shouldn't all people be entitled to Equal rights?
12:51 PM on 11/09/2010
The organizations which are working towards the REPEAL of DADT need to have nationwide commercials with Eric Alva in Marine PT gear, any other wounded servicemembers and booted linguists, doctors, nurses, and corpsmen talking about the disgrace our country is when it comes to these hero's!

Granted, Eric Alva wasn't booted out, but wounded and medically retired, it's still a disgrace that our country POLITICIANS think it's OK for him to lose a leg for our country, but not to serve honestly!

Maybe our country needs to see the disgrace on a national scale in 60 second intervals....
09:58 AM on 11/09/2010
Why is that the LBGT community can't get 1 Repubican to vote for the repeal of DADT?
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Ryhunt86
10:49 AM on 11/09/2010
At this point it isn't really up to the LGBT community, but Democratic leadership in the Senate to get Collins, Snowe and possibly Scott Brown. It will require Democrats to give in to some of their demands. Collins and Snowe have both been open to supporting repeal.
01:46 PM on 11/09/2010
That is about the most asinine excuse I've heard yet. It's up to YOU to get these Republicans on board. Collins and Snowe have been open, but the voted AGAINST the repeal in the Defense bill. What should Dems compromise on with them? I thought the Dem base believed we've compromised enough. Can you imagine if MLK said, I'll just wait for LBJ to force those Dixicrats to vote for civil rights legislation. That was a real grass roots movement. Why don't LGBT ppl go to Maine to confront Snowe and Collins and advocate for repeal? How about forcing some Republicans to make a decision on DADT.
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WARHUKKER
“My country, right or wrong
11:27 PM on 11/08/2010
I am a veteran,and a conservative republican,it is my belief that the republicans should embrace getting rid of DADT,do what Harry Reid failed to do.Eventually it will be done away with anyway,might as well get some political benefit from its demise.
12:14 PM on 11/09/2010
Thank you for confirming my long-held belief that with Republicans, it's not about doing what's right or solving America's problems -- it's about scoring political points so they can stay in power or re-gain power.
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No Yards
I never said most of the things I said.
02:02 PM on 11/09/2010
The don't let them have the chance Dem, tell your Senator that this time there is no excuse good enough. (S)He either gets DADT appealed or risk the Republicans getting all the credit.

I'm personally not stupid enough to fall for that trick, but I'm sure there are lots of libertarian leaning independents that would see it as the Republicans standing for basic individual rights and lean towards voting Republican next time.
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Doug Watt
Not ready for 2012
11:08 PM on 11/08/2010
To get DADT repealed during the lame duck session, Obama will have to lobby members of the senate - he will have to really fight for it like Candidate Obama fought for his election. Even then the odds are against it passing.

I don't think Obama intends to fight for the repeal or the Dream Act and now I wonder he ever really intended passing either bills.
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Ryhunt86
10:51 AM on 11/09/2010
Right, he has yet to spend any political capital on the issue, now is the time for him to start working the Senate for repeal.
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Ira Meyers
Blogger,Proud Liberal
10:04 PM on 11/08/2010
Political posturing vs Human dignity. Why do you have to think about it. This is the 21st Century, join the rest of civil society.
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Jdaddy1951
08:50 PM on 11/08/2010
Just repeal it. it's the right thing to do.
08:46 PM on 11/08/2010
I'm wondering why that duck is lame.
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Rich Phitzwell
07:57 PM on 11/08/2010
This is one of many reasons the left didn't show up at the polls. We feel hoodwinked, this could have been passed almost two years ago. Listen up D's, I vote i , but you had an opportunity to shove any legislation through and decided to in-fight watering down healthcare and failing to address the basics of what was promised. Gitmo is still open, we are still in two wars (until we are out of iraq, we are still there), alternative energy has token support, big business is more powerful than ever, and our military is still larger than all other military's combined.

The arguments made in this thread are true, we have lost many skilled servicemen to our policy and unless you live in the deep south, most of us understand that it is unconstitutional, yet the POTUS, protested the court order to lift the ban. Same with vowing to fight CA prop 19, in vowing to fight these topics, the same topics you stood up for during election, you have in our minds lied to us.

I understand you should have tried to lose 2 yrs ago, really we all saw the economy and knew it wouldn't even begin to recover until at the least next year, but you had an opportunity like no other and we the left feel betrayed.
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HUFFPOST SUPER USER
Ioan Lightoller
Proud Married Gay Pagan Man
03:29 PM on 11/09/2010
Fanned and faved. Many of us are tired of the same old excuses as to why DADT is not on the books, healthcare is so watered down as to be a joke, Gitmo has not been shut down...the list is endless. We have voted and written and just about everything we can think of. Not voting was a last-ditch effort to get the Democrats to listen. Why bother when it seems at times that it is "Republican Lite"? As it stands there is very little difference in the two parties (the Dems just talk nicer and do nothing on issues that might alienate right wingers). This was a challenge for the party to WAKE UP!
07:55 PM on 11/08/2010
Must? As in a Moral Imperative? Or Must, as it pragmatically is dead after that, and the slower and wiser road is all that is left? The shrill screaming is only solidifying opposition. But go ahead and scream as loud as you want.

From CNN:

"The two top members of the Senate Armed Services Committee are talking about whether to strip the repeal of "don't ask, don't tell" from the Defense Authorization Bill, according to an aide to Sen. John McCain, R-Arizona, the committee's ranking Republican."

Senators Snowe and Collins are likely to be ones that could be swung, but they also realize that to play the wrong card could make them potentially members frozen out in future planning efforts, and this issue may not be worth that to them.

Reid is going to take heat from his own party if he pushes this, instead of something else, and fails. His job is secure, but his support in the Senate with his own party is not!

;'{P~~~
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Ryhunt86
10:40 AM on 11/09/2010
Snowe and Collins aren't nearly as precariously situated as that. Both sides see their value in a closely divided Senate, so neither side will hold grudges regardless how they come down on the issue.

With Scott Brown facing reelection in '12, I wonder if he'll be lobbied any by those for repealing dadt? MA is still bluest of blue states and he has been moving to the center since elected.
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George Hanshaw
There are none so blind as those who will not see.
07:53 PM on 11/08/2010
I don't think you really understand just what a lame-duck session is like.

First start with the Senate. That's the part of the Legislative branch that couldn't do shit during the PRECEDING 22 months. They now have nine weeks (nominally) remaining. They aren't even going back to DC for another week. Subtract three weeks for Christmas. Subtract one week for New Years. Toss in a few more days for Hannukah, Saint Swithens Day, a week for Thanksgiving.... You got about three weeks. Nobody got around to passing the FY 2011 budget, which might not be that big a deal, except it started a month ago and the existing continuing resolution is about to run out. Speaking of running out, the debt ceiling is fast approaching. We can't borrow over $14 Trillion without permission from Congress, and we don't have that either. Then there's the Alternative Minimum Tax, the Medicare fix for doctors.... We'll be lucky to make a START on these in the three weeks or less the Senate will be in town.
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George Hanshaw
There are none so blind as those who will not see.
07:53 PM on 11/08/2010
Now let's look at the House. You have all of the above PLUS.

This plus is a big one. First thing you have to understand is most representatives don't do shit. Their STAFFs do it for them. For committees, where the work actually gets done, it's THEIR staffs. Well guess what. The majority party gets 2/3rds the staff. The minority get 1/3.

What that means is that fully HALF of the dem committee staffers just found out six days ago that they don't have a job after Christmas. Those bozoes are even now putting resumes out all over town - sometimes all over the country - and their number one job is going to be FINDING a job, not DADT or anything else.

So you have a three week window where DAMN LITTLE is going to be accomplished.

DADT repeal is NOT going to b e a part of that damn little.
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Doug Watt
Not ready for 2012
11:40 PM on 11/08/2010
Yes, you're right. Also, I don't really believe Obama wants to get the repeal done.
09:01 PM on 11/08/2010
Isn't the workings of our Democratic Republic wonderful to behold, the pendulum seeking the center. Speaks to the wisdom of the founders.
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ProudLiberalDan
Standing up an fighting conservatives since 1987
07:49 PM on 11/08/2010
It won't happen.

Nor will our feckless stand-for-nothing President stop loss the soldiers getting discharged even when the Democrats cave again.

We are nothing but an ATM machine to the Democrats.

Before you vote in the 2012 Democratic Primary, remember it is Barack Obama himself who is keeping DADT alive and playing us for fools.
09:22 PM on 11/08/2010
You believed it when dadt man said dadt about DADT? How 'bout DADT.
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Doug Watt
Not ready for 2012
11:42 PM on 11/08/2010
That's right.
07:45 PM on 11/08/2010
Oh hell yes!
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signgrrl
typeface geek
07:36 PM on 11/08/2010
even more important is extending unemployment benefits
07:56 PM on 11/08/2010
Agreed.
09:17 PM on 11/08/2010
Yours running out, signgrrl? I hear McDonalds is hiring.