Year: 2011
Type: article
Abstract: that the repeal of 10 U.S.C. § 654, commonly known as "Don't Ask, Don't Tell" (DADT), will result in a lack of military discipline, an increase in challenges to the jurisdiction of the Uniform Code of Military Justice (UCMJ), and the all-around breakdown of military justice as we know it.He makes this faulty argument by asserting two related fatal mistakes.First, he erroneously assumes that when Congress repealed the discriminatory DADT law, it was also rejecting all of the appended findings of fact.That is simply not the case.Congress was only casting aside those that called for discrimination against gay servicemembers.Second, Dr. Gregor incorrectly assumes that Congress had to reject basic principles of military justice in order to let gay and lesbian servicemembers be honest about their sexuality.Not so.Dr. Gregor sees the repeal of DADT as bringing a military justice apocalypse because he sees homosexuality as incompatible with honorable military service, but President Obama and Congress disagree.Congress did not reject the central premises of military law when it repealed DADT; rather, broad Congressional majorities concluded that being gay is no more incompatible with military service than being left-or right-handed and that being honest about who you are comports with American military values of honor, service, and trust.That Dr. Gregor cannot see that is unfortunate; that he blindly shouts alarmist rhetoric is dangerous.On 22 December 2010, President Obama signed legislation that set in motion the end of DADT, stating that "[n]o longer will tens of thousands of Americans in uniform be asked to live a lie, or look over their shoulder in order to serve the country that they love." 2 While ultimate repeal is contingent upon certification from military leaders, the ease and professionalism with which training is progressing means that certification could come as early as this summer. 3Large majorities of servicemembers saw repeal as either irrelevant to their ability to serve or long overdue, given how many gays and lesbians have already served.As Clifford Stanley,
Author: Ari Ezra Waldman
Institutions: California Western School of Law, Harvard University
Language: English
Topic: War, Law, and Justice
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4237062370