Tuesday, November 30, 2010

Don't Ask, Don't Tell Report: Recommendations for Repeal of Military Policy

The Report of the Comprehensive Review of the Issues Associated with a Repeal of "Don't Ask, Don't Tell" has just been issued by the Department of Defense.   Department-of-Defense-logo1

In its 250plus pages, the report concludes that the overall effect of a repeal of the "don't ask don't tell" policy on military effectiveness is low. 

The Report has a number of recommendations necessary - - - or unnecessary - - - to effectuate the repeal:

  • Leadership - strong leadership, a clear message, and proactive training and education are necessary  ("In our view, the starting point for this message should be a written communication
    from the leaders of the Department of Defense, to include the Secretary of Defense and the
    senior military leaders of each Service, that deliver their expectations in clear and forceful
    terms.")
  • Standards of Conduct - revised regarding dating and public displays of affection
  • Moral and Religious Concerns - recognition of pluralism, but not necessary to change policies to guarentee religious freedom or chaplain's regulations.
  • Equal Opportunity -  the Department of Defense should NOT place sexual orientation alongside race, color, religion, sex, and national origin as a class eligible for various diversity programs, tracking initiatives, and the Military Equal Opportunity program complaint resolution processes.
  • Collection and Retention of Sexual Orientation Data - the Department of Defense should continue to NOT seek such data
  • The Uniform Code of Military Justice - the Congressional repeal of Article 125 which criminalizes sodomy, and amend Article 120 of the UCMJ362 to include forcible sodomy and sodomy offenses against children. 
  • Privacy and Cohabitation - the Department of Defense should expressly prohibit berthing or billeting assignments or bathroom facilities assignments based on sexual orientation, except that commanders should retain the authority to alter berthing or billeting assignments on an individualized, case-by-case basis, in the interest of maintaining morale, good order, and discipline, and consistent with performance of mission.
  • Benefits - many benefits to same-sex partners are prohibited under the Defense of Marriage Act, however for some benefits, such as housing and legal services, the Department of Defense and the Services should review the benefits in this category and assess whether they can be extended to same-sex partners
    in accordance with  “member-designated” benefits rather than spousal benefits.
  • Duty Assignments - the Department of Defense and the Services should not, at this time, rewrite their
    regulations to specifically accommodate same-sex committed relationships for purposes of duty assignments. However, gay and lesbian Service members in committed relationships— with either a civilian or a military partner—should be able to make an individualized, hardship-based request for accommodation in assignment.
  •  Medical - there need not be any change in policies regarding HIV
  • Re-Accession - Service members previously separated on the basis of homosexual conduct to be should be considered for re-entry, assuming they qualify in all other respects.
  • Release from Service Commitments - For those who object to serving with gay and lesbian servicemembers, this shall not constitute a ground for voluntary discharge.

The much anticipated Report occurs against a backdrop of federal courts finding the Don't Ask, Don't Tell policy unconsitutional.

RR

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