Obama Cannot Fulfill Vow to Put Homosexuals in Military Unless Congress Changes the Law

CNS News ^ | 1/19/2009 | Matt Cover

[markomalley]

(CNSNews.com) - Although President-elect Barack Obama has vowed to open the U.S. armed forces to homosexuals, he cannot fulfill this promise unless Congress passes new legislation repealing the existing statute that expressly prohibits homosexuals from serving in the military.
 
Legislation to do this will be proposed in the current Congress by Rep. Ellen Tauscher (D-Calif.).
 
On Jan. 9, the Obama transition office posted a video on its website, Change.gov, showing Robert Gibbs, the incoming White House press secretary, answering a series of questions that had been submitted by the public. 
 
One was about the so-called “don’t ask, don’t tell” policy that President Clinton instituted in 1993. This unilateral administrative policy simply involved the Defense Department no longer asking those seeking to join the military whether they were homosexual.
 
In response to President Clinton’s policy, Congress enacted legislation expressly reaffirming that homosexuals are not eligible for military service—thus enshrining in statutory law a longstanding military regulation.

 
On the Change.gov video, the following question was presented from “Thaddeus from Lansing Michigan”: “Is the new administration going to get rid of the ‘don’t ask, don’t tell’ policy?”
 
Gibbs responds: “Thaddeus, you don’t hear a politician give a one-word answer much, but it’s: Yes.”  See Video
 
To fulfill this promise, however, Obama must persuade Congress to repeal the statute it enacted in 1993 in response to President Clinton’s decision not to ask recruits if they were homosexuals.
 
That statute – Public Law 103-160, Section 654, Title 10 – begins by restating the fact that the Constitution gives Congress the authority to regulate the Armed Forces.
 
“Pursuant to the powers conferred by section 8 article 1 of the Constitution of the United States, it lies within the discretion of the Congress to establish qualifications for and conditions of service in the armed forces,” the law states.

 
The existing ban on homosexuals in the military was then expressly reaffirmed.
 
“The prohibition against homosexual conduct is a long-standing element of military law that continues to be necessary in the unique circumstances of military service,” the law says.
 
“The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability,” the law says.
 
“A member of the armed forces shall be separated from the armed forces under regulations prescribed by the Secretary of Defense,” the law continues, “if one or more of the following findings is made and approved in accordance with procedures set forth in such regulations:  (1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts … (2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect … (3) That the member has married or attempted to marry a person known to be of the same biological sex. “
 
The bill that Tauscher is preparing to introduce would not only repeal this law, but also allow homosexuals who have been discharged from the military to return to service.

 
“She plans on introducing the legislation in the coming weeks,” Tauscher press secretary Robert Keller told CNSNews.com. “She’s going to be the author, and there were 148 co-sponsors in the last session, and we expect to have at least that many and probably more.”
 
The bill, called ‘The Military Readiness Enhancement Act,’ was also introduced in each of the last two Congresses. Each time it did not come up for a vote.
 
That was a good thing from the perspective of Elaine Donnelly, president of the Center for Military Readiness, which supports the ban on homosexuals in the service. Donnelly told CNSNews.com that repealing the ban would do immeasurable damage to the armed forces at a time when they are already stressed by two wars and low recruitment.
 
“If you repeal it, the consequences would be quite extreme,” said Donnelly. “The Military Times has found that among active duty military, 58 percent are opposed to repealing the law. Ten percent of respondents said they would end their (military) careers, 14 percent said they would consider ending their careers.”
 
“You cannot have the volunteer force we have today with losses of that nature,” said Donnelly.
 
Donnelly, an expert on military gender issues, also said that repealing the ban would create a slew of new problems for the military, including new forms of sexual harassment.

 
“We know that in the gender-integrated military – and we need women in the military – we still have problems with sexual misconduct,” Donnelly said. “If the law is repealed on gays in the military, we are going to increase those incidents three-fold. We are going to have male-male incidents, we are going to have female-female incidents as well as the kinds that we already have.”
 
Given that he is inheriting two major wars, the new president would do well to leave the law in place, Donnelly said.
 
“If Mr. Obama really wants to get the support of the troops, he could enforce the (current) law,” she said.

[markomalley]

But...a mere obstacle like the law doesn't apply here...

We must have CHANGE /sarc

[MAD-AS-HELL]

I actually want gays to be in the military. I want to see just how quickly those radicals that want this actually sign up to server their country. Let's see just how serious they really are. And military recruiters must be psyched. It will be like shooting fish in a barrel as they hit the gay clubs and bath houses to land recruits.

[markomalley]

For me, I’m just glad I’m retired and too old and fat to be recalled to active duty

[allmost]

Happy thoughts.

[DeaconRed]

"For me, I’m just glad I’m retired and too old and fat to be recalled to active duty"

ME TOO.
The Fool is going to discover that there are a lot of promises he made that he won't be able to keep. This will be an interesting 4 years. . . . . . . .

[Polybius]

For me, I’m just glad I’m retired and too old and fat to be recalled to active duty

Washington, DC. 23 FEB 2010: In order to deal with declining recruitment, Congress passed new legislation repealing the existing statute that expressly prohibits formerly retired, old, fat guys from being recalled to active duty.

[markomalley]

Washington, DC. 23 FEB 2010: In order to deal with declining recruitment, Congress passed new legislation repealing the existing statute that expressly prohibits formerly retired, old, fat guys from being recalled to active duty.

LOL (I hope)

[jrg]

Our military must be able to lick any other military in the world!

[pepsionice]

In a speech on the 4th of July 2010...President Obama stands at the convention of formerly retired, old, fat guys of the US military who want to be recalled.

The speech goes: “America, we must organize and help the lesser unfortunate of the retired, old, fat guys of the military to rejoin. They have been denied their opportunity in life. I am going to establish a new policy referred to as “don’t ask them, and they won’t tell”, which will help them rejoin the military. Key to this provision is a rule to forbid the military from asking the age or allowing weight to be a determinate from keeping them from serving our great nation. We can heal this problem...we can change....we can bring America to the light”.

[CPOSharky]

For me, I’m just glad I’m retired and too old and fat to be recalled to active duty

I may be too old, but I ain't fat. ;-)

[Colonial Warrior]

[Colonial Warrior]

[Cvengr]

Our military must be able to lick any other military in the world!

Unfortunately, the liberals have interpreted that statement literally, while the misinterpret Scripture figuratively.

[CholeraJoe]

This is the same hysteria that occurred in 1947 when Truman integrated blacks into the military. “They’re lazy, stupid, cowardly, bad for morale, can’t do the job.”

Then in the 70’s, women were integrated into the military. “They’re weak, cowardly, can’t do the job, bad for morale.”

Now gays. “They’re bad for morale, cowardly, will destroy unit cohesiveness.”

Well guess what? The US Military didn’t collapse when blacks were integrated 62 years ago and it won’t collapse when gays can serve openly. Guess what else? They’ve been serving quietly and with distinction for decades.

[Sybeck1]

This should be fun seeing how the Blue Dogs that gave San Fran Nan her power vote on this.

[Future Snake Eater]

Have you seen the problems in the mixed-sex units? I have. It’s unbelievable the issues that pop up when you mix men and women together, in close proximity, day in and day out under tough conditions.

Now, introduce someone of the same sex, but this person still wants to have sex with all of his/her buddies, and the advances are NOT welcome.

You’re telling me that will have no affect on unit cohesion?

[FES0844]

Are there no decency laws? This picture is disgusting & they should not be allowed to parade around like that in public. They should all stay in the closet. No one needs to know what you do in your bedroom.

[LibLieSlayer]

Being a queer CiC... he supports deviant behavior of many types... and he also worships satan... a very close relative of hussein’s.

LLS

[The Sons of Liberty]

Obama Cannot Fulfill Vow to Put Homosexuals in Military Unless Congress Changes the Law

Two words: "Rubber Stamp"

and expect a lot of RINOs to vote with him while they try to curry favor with "the chosen one".