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.

[CholeraJoe]

I’m telling you from 20 years in the USAF, that having women (and homosexuals) in units under my command had NO appreciable effect on cohesion or morale. If you try to convince me otherwise, I place the blame squarely on unit commanders who tolerate it or quietly encourage it.

[Hardastarboard]

I’ve finally figured out why the Left wants gays in the military. It’s the one institution they don’t own lock, stock, and barrel. If they infiltrate their own into it, as they’ve done with the government, the media, and the schools, they have eliminated the last great powerful institution that can stop the march to world socialism.

[theDentist]

...fulfill this promise unless Congress passes new legislation

Exactly! That's why he said he'd do it. He knows it won't get through Congress, so it buys him political capital for a song (probably by YMCA).

[markomalley]

He knows it won't get through Congress,

In THIS Congress? You have got to be kidding me...

My prediction: a standalone bill won't pass, but it will be a little-noticed paragraph in next year's Defense Appropriations Bill (why? because (R)'s won't dare vote against it...otherwise they won't be "supporting the troops")

[CPOSharky]

I’m telling you from 20 years in the USAF, that having women (and homosexuals) in units under my command had NO appreciable effect on cohesion or morale.

Shipboard life is totally different.

[Night Hides Not]

I’m telling you from 20 years in the USAF, that having women (and homosexuals) in units under my command had NO appreciable effect on cohesion or morale. If you try to convince me otherwise, I place the blame squarely on unit commanders who tolerate it or quietly encourage it.

It all comes down to leadership, no doubt about it.

We're about to find out how little leadership ability 44 has, as evidenced by his propensity for "present" votes. It's showing in his "revised and extended" remarks about GITMO, and going after Bin Laden.

[Alissa]

I don’t doubt that homosexuals serve in the military, as a matter of fact I know they do but they are very discreet and that seems to work. I think the integration of blacks has been more successful than the integration of women and perhaps it is because of sexual orientation. The cohesiveness and comradery I noticed in the 80’s (before tailgate) has lessened. Now we have PC training ad nauseam and the comradery has changed since then. I don’t know if it’s better or worse in the long run, but sometimes I miss the old days.

[Vaduz]

And privets shouldn’t to play with other privets privets.
larry the cable guy

[hdstmf]

Hey, I’m a skinny hetrosexual old military retiree. I don’t want to be recalled. Maybe I had better get some survival gear ready and head (no pun there guys) for the hills.

[Carley]

As long as he says what they want to hear, they don’t really care if he never actually accomplishes anything.

[Arrowhead1952]

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

I am a shorttimer myself. After 35+ years in the military, I am so happy to be getting out instead of having to face four years under this poser.

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. . . . . . . .

I guess none of us can expect that tax cut b[end] 0[ver] promised to 95% of the people either. He sure is lowering expectations early.

[hdstmf]

I also served in the USAF for 20 years. I experienced the effects of intergrating blacks and women into the ranks. Those were given special preference in performance reports, promotions and assignments. Supervisors to senior officers endangered their own careers if they showed the slightest hint of resistance to the political correctness of the times. None of us non-favored class dared speak of the “quota” system. We were often passed over while incompetent peers rose in the ranks. Their numbers grew and multiplied the situation. Carter and Clinton policies devastated the best of the military. I have no doubt Obama and the demorat congress will push the gay agenda on to the military.

I expect the addition of a gay affairs office, a gay bath house recreational center, gay days, gay parades, pink ribbons, and special sections of performance reports...
It may sound extreme now, but don’t be surprized with the
weirdos being handed the power.

[sniper63]

Without a lisp.

[ExpatGator]

Are race and gender really the same as behavior?

[ExpatGator]

I had the exact opposite experience during my military service. Before you through the phobe flag: I do not give a rat’s patoot who is doing who or how they do it. I’m pretty much libertarian on the subject.

My shipboard experience saw numerous instances of MAJOR problems caused by homosexuals and their behavior and my shore duty experiences saw many problems caused by the presence of females and homosexuals. I was repeatedly hit on by homosexuals/bisexuals and a female commissioned officer who were in my chain of command (various commands). I saw people not advanced or hounded and given bad evals due to the fact that they did not want to play bi-games with bisexual males in their chain of command. I saw these events with my own eyes.

Your experiences are not the end all of what goes on. Our opinions are colored by our experiences, and vice versa.

[org.whodat]

Law was written by Sam Nunn of Georgia, a man that should have not been a democrat. Started to point this out to people, but they all think the don't ask don't tell BS put out by clintoon was the law, it wasn't.

[Polybius]

Hey, I’m a skinny hetrosexual old military retiree. I don’t want to be recalled.

My wife's grandfather, an old "pig boat" Chief, fit that description some time around 1937. Has was in for a very rude awakening in 1942 when the Navy dragged his old, skinny @ss back into active duty.

He should have read the fine print regarding the Regular Navy Retired List:

"Regular Navy Retired List — Any enlisted member of the regular Navy who has completed at least 30 years of active federal service may be retired upon application. Unlike transfer to the Fleet Reserve, the 30-year retirement is a right guaranteed by law. As a retired member, you may be ordered to active duty in time of war or national emergency at the discretion of the Secretary of the Navy."

He managed to claim he was too old to go back into subs but he spent the rest of the war in a sub tender in the South Pacific. He never forgave the Navy until the day he died.

[Sarajevo]

I actually want gays to be in the military.

They are already there. The first time I ever met a flamer, I was in Basic Training.

[MAD-AS-HELL]

Let me clarify, I know that gays are in the military but not openly. I am sure that many are fine soldiers. And I am sure many are not as there are many heteros that aren’t fine soldiers either. My point is to see if the those who are the activists line up to join.

And per your comment, should I assume the one gay person you knew wasn’t a good soldier?