'Don't Ask, Don't Tell' Repeal Still Playing Out Through Courts

By Mario Trujillo

Though the President signed a bill in late December that will usher in the end of the military policy ‘Don’t Ask, Don’t Tell,’ it is currently still in effect.

The provision that was attached to the Defense Reauthorization Bill, would repeal DADT 60 days after the president, the chairman of the Joint Chiefs of Staff and the secretary of defense find that the Department of Defense has the adequate policies in place to usher in the repeal without harming military operations.

Log Cabin Republicans, who filed suit with the government last year, are still pursuing its case arguing the repeal is not a quick enough transition and offering to end their efforts when the repeal is actually implemented. The organization’s case is scheduled to be heard by the ninth Circuit Court of Appeals on Friday. 

“‘Don’t Ask, Don’t Tell’ is still on the books, weakening our armed forces and violating the constitutional rights of our men and women in uniform,” the Log Cabin Republicans said in a statement. “We have offered to end the case if Obama puts an end to the discharges. He refused, leaving us no choice.”

A key reason Chairman of the Joint Chiefs of Staff Admiral Mike Mullen lobbied the Senate for passage of the repeal in December was to avoid the unknown consequences of a looming court decision.

Mullen said it would be necessary to implement the repeal gradually rather than lifting the ban in one fell swoop through the courts, a move the Log Cabin Republicans are still pursuing.

Though they criticized Obama for acting slowly on DADT, Log Cabin Republicans applauded the administration for announcing Wednesday that it will not defend the Defense of Marriage Act, which states that marriage is reserved exclusively between one man and one woman.