Obama "Among Friends" at Big Gay Fundraiser, Vows Changes
Submitted by DeepDiveAdmin on Oct 11, 2009
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I hope that Mr. Obama follows through on his promises.
All he has to do is pick up the phone and tell the Holder to stop defending it in court. Then he can give Congress legislation repealing 10 U.S.C. § 654(b).
Buuuut... Obama is just too busy, sorry.
The law in question, in its entirety:
(b) Policy.--A member of the armed forces shall be separated from
the armed forces under regulations prescribed by the Secretary of
Defense if one or more of the following findings is made and approved in
accordance with procedures set forth in such regulations:
(1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings, made and approved in accordance with procedures set forth in such regulations, that the member has demonstrated that--
(A) such conduct is a departure from the member's usual and customary behavior;
(B) such conduct, under all the circumstances, is unlikely to recur;
(C) such conduct was not accomplished by use of force, coercion, or intimidation;
(D) under the particular circumstances of the case, the member's continued presence in the armed forces is consistent with the interests of the armed forces in proper discipline , good order, and morale; and
(E) the member does not have a propensity or intent to
engage in homosexual acts.
(2) That the member has stated that he or she is a homosexual or bisexual, or words to that effect, unless there is a further finding, made and approved in accordance with procedures set forth in the regulations, that the member has demonstrated that he or she is not a person who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts.
(3) That the member has married or attempted to marry a person known to be of the same biological sex .
The plural of 'anecdote' is not 'data'.
I'm not sure that Obama has the right as president, or even as Commander in Chief, to single-handedly alter the Uniform Code of Military Justice. I'm certainly not a military lawyer, but I'm pretty sure he can't. He has to go through channels.
That is, until I looked it up.
"In May 2009, a committee of military law experts at the University of California at Santa Barbara concluded that it is within the authority of the executive branch to discontinue the policy.
http://www.palmcenter.org/files/active/0/Executive %20Order%20on%20Gay%20Troops%20-%20final.pdf
The plural of 'anecdote' is not 'data'.
Here's more info:
"This is a common mistake. Actually, there is no "Don't ask, don't tell" law . The law passed by Congress in 1993 (USC Section 654, Title 10) says, "The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline , and unit cohesion that are the essence of military capability."
"Don't ask, don't tell" is of course the name given to the executive order by Bill Clinton which was designed at once to implement and to circumvent this law. That is presumably why, as the Post notes, President Obama thinks any change "should be done legislatively," since an executive order from him allowing homosexuals equal status in the military would be in defiance of the law as written by Congress."
So, yes, he could suspend homosexual investigations and discharges by executive order, but he cannot change the law which mandates them, and such a executive order would be not only in defiance of current law, but also at risk for immediate reversal by the next president, leaving gay service members still vulnerable to loss of career and livelihood.
I agree with him that there is a "right way" to go about this. I hope it is done soon.
You have to copy it, paste it, and remove the space.
OV is like that, I know not why.
About that law , I posted the whole law earlier. I am familiar with it. Obama can ask Congress to repeal DADT. It'd be 2 phone calls. One to Pelosi, one to Reid. BAM! Done. Even if they wanted to, the Republicans are powerless to stop him. Democrats control the Congress and the White House.
Supermajority!!
Why doesn't he just lift his finger and do it? Is he 'really' too busy? C'mon.... You're far smarter than that.
The plural of 'anecdote' is not 'data'.
He cannot force congress to repeal a law . Certainly he has influence, and, as I understand it, has pledged to use that influence.
That's a bad link.
Me too, but this is not what I hoped would be the priority.
DADT is worthless anyway. It's stunted growth in the military and encouraged bad habits.
DADT is ridiculous. The military is complaining that they don't have enough troop strength to properly conduct operations in Afghanistan. They want more troops. Those which they already have are being cruelly stretched with repeated deployments. And yet, they are too worried that a gay man or a lesbian might see them nekkid in the shower? Please.