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To: OldDeckHand

DADT did not change military policy regarding homosexuals in the military, the prohibition on still existed in the military code of conduct.

This “repeal” will entail rewriting military codes of conduct to remove such prohibition and, among other things, extend some of the benefits to homosexuals that married couples have, a blatant violation of DOMA.


83 posted on 01/29/2011 8:29:35 AM PST by fwdude (Anita Bryant was right.)
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To: fwdude
"DADT did not change military policy regarding homosexuals in the military, the prohibition on still existed in the military code of conduct."

Well, first (and not to split hairs on semantics) the "military code of conduct" has nothing to do with homosexual conduct. The "code of conduct" has to do primarily with the behavior of service members in the the theater of combat, and especially upon capture by the enemy. It is an Executive Order issued by Eisenhower, and ammended by several presidents since then.

Moreover, the UCMJ is not military "policy" but US federal law. 10 USC §654(b) - aka DADT - canceled the existing DoD Directive 1332.14. That directive (which is military policy) was the prohibition of homosexuals in uniform. After the implementation of 10 USC §654(b), 1332.14 was amended to reflect the policy requirements set forth in that federal statute. In fact, it was amended several times over the last 18 years, and it was amended as recently as October of last year. Yes, it is true that the Don't Ask, Don't Tell Repeal Act of 2010 does not undo 1332.14, but it does not return 1332.14 to the days prior to DADT. It leaves the current order intact - and that order calls for the administrative separation, not prosecution, of known homosexuals.

As I said to someone else, the President (or SecDef) will presumably issue a countervailing order in the near future, and it is that order that will end the DoD policy prohibiting homosexuals in the military.

Lastly, the Don't Ask, Don't Tell Repeal Act of 2010 specifically addresses the delivery of benefits to homosexual "partners", and it says...

"(d) Benefits- Nothing in this section, or the amendments made by this section, shall be construed to require the furnishing of benefits in violation of section 7 of title 1, United States Code (relating to the definitions of ‘marriage’ and ‘spouse’ and referred to as the ‘Defense of Marriage Act’).

So long as DoMA is the law of the land, the US military will be legally prohibited from furnishing "benefits" of any kind to homosexual service members who may be legally "married" to their partner.

85 posted on 01/29/2011 9:05:19 AM PST by OldDeckHand
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