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DADT repeal clears last major hurdle

By LEO SHANE III | STARS AND STRIPES Published: December 18, 2010

An updated version of this story can be found here.

WASHINGTON – In a stunning turnaround, the Senate voted Saturday to move ahead with a “don’t ask, don’t tell” repeal, paving the way for gay troops to serve openly for the first time in the history of the U.S. military.

Two earlier attempts to repeal the controversial 17-year-old law that compelled gays to hide their sexuality or risk ouster from the military had failed this year in the Senate. But Saturday's vote moved forward thanks to new support from a handful of Republican senators who labeled the law outdated and unfair.

The move set up a final Congressional vote on the measure late Saturday afternoon, largely a formality after 63 senators supported the repeal earlier in the day. Only 51 votes are required to repeal the law.

The final approval would send the bill ending “don’t ask, don’t tell” to the president’s desk in the next few days. By next December, openly gay troops could be serving throughout the military ranks.

In a statement, President Barack Obama praised the vote as a victory for equality and national security.“By ending ‘don’t ask, don’t tell,’ no longer will our nation be denied the service of thousands of patriotic Americans forced to leave the military, despite years of exemplary performance, because they happen to be gay,” he said. “And no longer will many thousands more be asked to live a lie in order to serve the country they love.”

Even after the repeal bill is signed into law by the president, the “don’t ask, don’t tell” strictures will remain in place until the White House and Pentagon certify a plan to minimize disruption on the services.

Defense Secretary Robert Gates has said he would not do that until the service chiefs are confident the moves will not disrupt combat operations, and refused to set any specific timeline on how long that might take.

But gay rights advocates said the uncertain timeline does not take away from the excitement of now-inevitable repeal. "This vote represents an historic step forward for this country, and it will very likely be a life-changing moment for gay and lesbian troops," said Alexander Nicholson, executive director of the pro-repeal Servicemembers United and an Army linguist discharged for being gay.

“While we still have a long road ahead … those [gay troops] who defend our freedom while living in fear for their careers will finally breathe a sigh of relief tonight.”

The dramatic change of heart in the Senate over the last few days stunned opponents and supporters of the repeal effort. Earlier this year, lawmakers backing repeal attached the measure to the defense budget bill in an effort to build more support for the measure.

In the end, the budget bill failed, but stand-alone legislation allowing openly gay servicemembers drew substantial support in both the House and Senate. Just last week, gay rights advocates had called the stand-alone repeal bill a “legislative Hail-Mary pass.” But protestors at a repeal rally last week quipped that “sometimes those passes get caught.”

On Saturday, 63 senators voted to end an opposition filibuster effort led by Sen. John McCain, R-Ariz., and move the legislation ahead. Sen. Susan Collins of Maine, who co-sponsored the repeal bill, helped convince five fellow Republicans to support the measure.

The Senate will still have to conduct a final headcount approving the measure, but that vote will need only a simple majority to pass.

Gay rights groups spent the last few days aggressively lobbying potential swing votes on the measure, warning that a failure to pass the repeal now would likely doom their efforts for the next several years. Republicans will take control of the House next month, and their leadership has publicly opposed the repeal.

Three of the four service chiefs have publicly opposed repealing the law during wartime, although they also testified that troops will adapt if Congress mandates it. McCain said repeal will result in “additional sacrifice” and “great cost” for troops in Iraq and Afghanistan.

“We are doing great damage,” he said. “We could possibly and probably harm the battle effectiveness that is so vital to the survival of the men and women of our military.”

Sen. Lindsey Graham, R-S.C., an Air Force reservist, said the issue “is about effectiveness on the battlefield during a time of war, not about civil rights.”

But Senate Armed Services Committee chairman Carl Levin, D-Mich., noted that despite some combat units’ concerns, a year-long Pentagon study recommended repealing the law, and the authors insisted it would have minimal effect on troops’ morale or mission effectiveness.

“Some have argued that this is social engineering, or this is partisan,” he said. “I’m not here for partisan reasons. I’m here because men and women wearing the uniform of the United States who are gay and lesbian have died for this country, because gay and lesbian men and women wearing the uniform of this country have their lives on the line right now.”

More than 14,000 troops have been dismissed from the military since the “don’t ask, don’t tell” law was enacted in 1993.

Aubrey Sarvis, an Army veteran and executive director for the pro-repeal Servicemembers Legal Defense Network, praised Saturday’s vote but warned that actual repeal of the law is still many months away.

“Gay, lesbian and bisexual service members posted around the world are standing a little taller today, but they’re still very much at risk because repeal is not final,” he said. “Even with this historic vote, servicemembers must continue to serve in silence until repeal is final.”

Tommy Sears, executive director of the anti-repeal Center for Military Readiness, said he’s hopeful that Gates and other military leaders won’t rush the repeal implementation through, and will reconsider the potential damage it could do to morale.

“It’s something we’ll be watching with a great deal of scrutiny,” he said.  “There should be an opportunity to thoroughly examine and study and consider what the actual implementation plan will be going forward. We’ll be very curious to see how they approach that.”

Tony Perkins, president of the anti-repeal Family Research Council, said he also believes the new Republican-led House next year may be able to mitigate some of the negative impact of the repeal, even if a change in the law is inevitable now.

Already twice this year Gates has tightened rules on how troops can be dismissed under the “don’t ask, don’t tell” law, effectively halting many of the pending cases against gay servicemembers.

shanel@stripes.osd.mil

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