Dont Ask, Dont Tell watered down

U.S. Defense Secretary Robert Gates on March 25 announced a watering down of the “Don’t Ask, Don’t Tell” ban on open gays in the military.

The changes raise the level of the commander authorized to initiate inquiries and separation proceedings regarding homosexual conduct, revise what constitutes “credible information” and “reliable persons,” and specify certain categories of information that cannot be used for purposes of homosexual-conduct discharges.

Specifically, the changes will:

* Raise the level of the officer who is authorized to initiate a fact-finding inquiry or separation proceeding regarding homosexual conduct to a general or flag officer in the service member’s chain of command.

* Raise the level of the person who conducts a fact-finding inquiry regarding homosexual conduct to the level of O-5 (lieutenant colonel or Navy commander) or above.

* Raise the level of the officer who is authorized to separate an enlisted service member for homosexual conduct to a general or flag officer in the service member’s chain of command.

* Revise what constitutes “credible information” to initiate an inquiry or separation proceeding by specifying that information provided by third parties should be given under oath, and by discouraging the use of overheard statements and hearsay.

* Revise what constitutes a “reliable person,” upon whose word an inquiry can be initiated, with special scrutiny on third-parties who may be motivated to harm a service member, such as an ex-lover.

* Specify certain categories of confidential information that will not be used for purposes of homosexual-conduct discharges:

– Information given to lawyers, clergy and psychotherapists;

– Information provided to a medical professional in a treatment context or a public-health official during a public-health inquiry;

– Information provided when seeking professional assistance for domestic or physical abuse;

– Information about sexual orientation or conduct obtained during security-clearance investigations.

To see the detailed revised procedures for discharging enlisted personnel, visit tinyurl.com/dod-enl. For officers, tinyurl.com/dod-off.

Prof. Aaron Belkin of the Palm Center, a think tank at the University of California, Santa Barbara, that opposes “Don’t Ask, Don’t Tell,” welcomed the development.

“The changes announced today are the first cracks in ‘Don’t Ask, Don’t Tell’ since the policy was implemented 17 years ago,” Belkin said. “While the operational impact of the Obama Rule may be limited, the political impact will be widely felt. These steps represent important forward movement. They send a signal to the military chain of command and the public that repeal is on the horizon and that the military is prepared.”

The center’s Nathaniel Frank added: “The full impact of the changes will depend on how they are actually enforced. We know that past attempts to dress up a bad military policy have been like putting lipstick on a pig and have failed. Perception is reality, and if the higher bars to discharge are not actually used to reduce firings and create a sense of privacy for gay troops, these changes will be a charade. (W)hile the administration is to be commended for taking this step, its work is far from over. As the focus shifts to Congress, the president has a major role to play to end the ban outright. If the president builds on this step by fighting successfully for legislative repeal, he will ensure his place in civil rights history … as a fierce advocate of equal treatment.”

Since “Don’t Ask, Don’t Tell” took effect, about 13,500 people have been kicked out of the U.S. military for not managing to stay sufficiently closeted. Prior to that time, all gays were banned from the military, including closeted ones, however that worked.

By Rex Wockner