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Thursday, December 09, 2010

Dems Fail in Forcing Openly Gay Soldiers Onto Military

Senate Republicans blocked repeal of "Don't ask, Don't tell" Thursday, significantly dimming prospects that the ban on gays serving openly in the military will could be forced through before new the recently elected representatives have a chance to take their seats in Congress.

The 57-40 vote came on a motion to bring the giant defense budget bill, which included repeal of "Don't ask, Don't tell" (DADT), to the floor, with Democratic Majority Leader Harry Reid unable to muster the 60 votes to launch debate.

Defense Secretary Robert M. Gates had pinned his hopes on the Senate for an orderly implementation of the change in military policy. The House voted this fall to repeal the 17-year-old law, and a positive Senate vote would have allowed the Pentagon to begin a lengthy process to actually lift the ban.

Unless the Senate acts this month, it is possible the activist judges in the courts will order an an repeal, an outcome Gates has said would lead to chaos and precisely the kind of disruption of morale and combat readiness many critics of repeal have feared. However, such actions would likely be overturned by the Supreme court.

The vote was taken without debate.

An activist circuit judge has recently ruled the gay ban unconstitutional and ordered an immediate worldwide lifting of all Defense Department regulations providing for investigation and discharge of gay and lesbian service members. The 9th District Court of Appeals is currently weighing a Justice Department appeal to stay that order and overturn the lower court decision. A ruling from the appellate court is expected in March.

Reservations were expressed by the military chiefs in a lengthy and contentious Senate hearing Dec. 3, during which they expressed much the same reservations as Gates. Of the four military service chiefs, the Marine commandant, Gen. James F. Amos, was most outspoken: " My recommendation is that we should not implement repeal at this time,'' he told the committee.

Some 14,000 openly gay and lesbian service members have been discharged in the 17 years since the gay ban was enacted during the Clinton administration. See Chick's SIN CITY.

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