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I took a little heat from a few people when I noticed that the Defense Department was violating the injunction banning openly gay service members from the military under Don’t Ask Don’t Tell. A couple commenters said that, under the order, the military was not obligated to admit openly gay recruits into the armed services.
The military disagrees:
The Pentagon is instructing military recruiters to accept the applications of gays and lesbians who wish to join the military, but must inform potential recruits that a moratorium on “don’t ask, don’t tell” could be lifted at any moment.
The guidance issued to military recruits is consistent with the Defense Department’s plans to abide by a federal judge’s injunction on the 17-year ban on gays in the military. The Pentagon advised senior military leaders late last week not to ask service members or military applicants about their sexual orientation, to treat the rank and file with dignity and respect and maintain good order and discipline.
Basically, the “implementation” strategy for the end of DADT has already been implemented: don’t ask them about their sexual orientation (as on any other job), treat your employees with dignity and maintain good order and discipline.
I have to tip my hat to the military for putting these policies into place quickly, after an initial lag; at least they’re following the law as it currently exists. But they also are mindful that the law can change, and as such, both DoD and outside groups like Servicemembers Legal Defense Network are warning soldiers and recruits that they are at risk if the government gets a stay on the injunction against DADT.
That said, some activists want to test the policy. Dan Choi, the Arabic linguist who was fired from the Army National Guard in New York for coming out on the Rachel Maddow Show, plans to enlist today in a recruiting office in New York’s Times Square.
Judge Virginia Phillips has still not issued a final ruling on the emergency stay, but she appeared disinclined to agree to the Justice Department’s request. DoJ could appeal to the 9th Circuit for a stay, if they lose.
UPDATE: Marc Ambinder adds that the Pentagon’s general counsel, Jeh Johnson, made this decision. He also happens to be part of the team heading up the implementation of repeal. Sounds like he got a jump on it.
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Dan Choi too old to re-enlist in USMC! Fills out Army application at NYC Times Square recruitment office.
Dan Choi is a glutton for punishment. But good for him!
What you see as punishment could be very important to him and to be discharged thus was punishment. I think he’s a bit premature trying to re-enlist but I don’t fault him for it, though I’d certainly never go back after the way I was treated.
I understand that since coming out he’s making it his cause, which is why I said good for him. Someone has to be the test case, but that is always an agony.
I’m hip. Like I said, I’d never do it, though I still miss my job and that’s been twenty years ago. I think he’s jumping the gun maybe but he;s braver than I am.
Yes you said that, and you even put an exclaimation point after that. These conversations are never easy.
The military led the way with race as well. All that matters is how good a soldier you are.
Obama will still fight this, though. He needs the votes in congress.
Boxturtle (He don’t need our votes for another two years, or we might be able to hold him to his promise now)
How he’s treated will say a lot. He was very good at his specialty and it’s a skill the pentagon is desperate to aquire.
In the real world, if orientation didn’t matter, they’d already be moving that app at warp speed. If orientation does matter, they’ll delay it as long as they can.
I have my fingers crossed that the army will act wisely. Good for country, good for army, good for Choi.
Boxturtle (Though I suspect any “delay” will come from some political office at the White House)
Most people in the WH and the Congress really don’t care if gays serve in the military. This is pure politics and it’s shameful.
Are they telling the recruiting stations to accept applications from Gays because they are Leaning Forward, or are they making a CYA play, after we heard about recruiting people denied a Gay man his app last week, after the Riverside Judge found DADT unconstitutional?
This ruling is only right.
They are following the judge’s order and, perhaps, anticipating her ruling today. I think the recruit in Austin last week was too soon for such a mammoth organization as the Pentagon to have got the word. I hope he tries again today, though.
Dan Choi was in the Army, not USMC. West Point graduate in fact.
I hope he gets to serve again.
The media circus that ensues on this issue ought to be fun to watch!
So with a West Point education, what does Dan Choi think of wars launched on the basis of outright lies by leaders Bush/Cheney/Powell/Rumsfeld and assorted neocons that has cost the country $2 trillion plus and destroyed the nation of Iraq, with a million civilian deaths, and four million plus internal and external refugees, involved torture, bombings and numerous other acts in violation of US and international law, etc., etc. Or do West Point grads park their brains in Alberto Gonzalez’ position of “I don’t know/I can’t recall”? Does it honorably serve one’s country to join a military operation in violation of law for which one could be held personally liable under international law and the Geneva Accords? Recall that “I was just following orders” was not a viable defense at Nuremberg for the Nazis. Oh well, as the US empire visibly bankrupts itself financially, legally, morally, environmentally, politically, socially in the cesspool of endless wars and militarism, GLBTs just as well jump in waving flags while the USS Titanic sinks and the surviving parts of the world give a sign of relief or applaud.