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Don't Ask, Don't Tell Repeal Act of 2010
""Great Seal of the United States
Enacted by the "111th United States Congress
Effective September 20, 2011
Citations
Public law 111–321
"Statutes at Large 124 Stat. 3515, 3516 and 3517
Legislative history

The Don't Ask, Don't Tell Repeal Act of 2010 (H.R. 2965, S. 4023) is a landmark "United States federal statute enacted in December 2010 that established a process for ending the "Don't ask, don't tell (DADT) policy ("10 U.S.C. § 654), thus allowing gays, lesbians, and bisexuals to serve openly in the "United States Armed Forces. It ended the policy in place since 1993 that allowed them to serve only if they kept their "sexual orientation secret and the military did not learn of their sexual orientation.

The Act established a process for ending the "Don't ask, don't tell" policy. According to the "Congressional Research Service, the Act:[3]

Provided for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify to the congressional defense committees that they have considered the report and proposed plan of action, that DOD has prepared the necessary policies and regulations to exercise the discretion provided by such repeal, and that implementation of such policies and regulations is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention.

The Act did not ban discrimination on the basis of sexual orientation in the military, as provided for in the proposed "Military Readiness Enhancement Act.

"President "Barack Obama, "Defense Secretary "Leon Panetta, and "Chairman of the Joint Chiefs of Staff "Admiral "Mike Mullen provided the certification required by the Act to Congress on July 22, 2011. Implementation of repeal was completed 60 days later, so that DADT was no longer policy as of September 20, 2011.

Contents

Background[edit]

DADT was controversial from the time it was implemented, but it became increasingly a matter of public debate after 2004. In July 2004 the "American Psychological Association issued a statement that "Empirical evidence fails to show that sexual orientation is germane to any aspect of military effectiveness including unit cohesion, morale, recruitment and retention."[4] In February 2005, the "Government Accountability Office reported that DADT cost at least $95.4 million for recruiting and at least $95.1 million for training replacements for the 9,488 troops discharged from 1994 through 2003.[5] In December 2006, "Zogby International reported that a poll of military personnel conducted in October 2006 found that 26% favored allowing gays and lesbians to serve openly in the military, 37% were opposed, while 37% expressed no preference or were unsure.[6] At a February 2, 2010 congressional hearing, Senator "John McCain read from a letter signed by "over one thousand former general and flag officers". It said: "We firmly believe that this law, which Congress passed to protect good order, discipline and morale in the unique environment of the armed forces, deserves continued support."[7]

Legislative history[edit]

The Democratic leadership in both the House and Senate tried to end the "don't ask, don't tell" policy with an amendment to the Defense Authorization bill. On May 27, 2010, on a 234–194 vote,[8] the U.S. House of Representatives approved the "Murphy amendment[9] to the "National Defense Authorization Act for Fiscal Year 2011. It provided for repeal of the DADT policy and created a process for lifting the policy, including a "U.S. Department of Defense study and certification by key officials that the change in policy would not harm military effectiveness, followed by a waiting period of 60 days.[10][11] On the same day the "U.S. Senate Armed Services Committee on a 16–12 vote advanced an identical measure to be included in the Defense Authorization Act.[10] The amended defense bill passed the House on May 28, 2010.[12] On September 21, 2010, "John McCain led a successful (56 in favor, 43 opposed) "filibuster against the debate on the Defense Authorization Act.[13]

""
""
Obama meeting with the Joint Chiefs of Staff on the eve of publication of a Defense Department report on repeal of DADT.

On November 30, 2010, the Department of Defense's Comprehensive Review Working Group (CRWG) on DADT repeal issued its formal report outlining a path to the implementation of repeal of DADT.[14] The report indicated that there was low risk of service disruptions because of repeal of the ban.[15] Gates encouraged Congress to act quickly to repeal the law so that the military could carefully adjust rather than face a court decision requiring it to lift the policy immediately.[15] The United States Senate held two days of hearings on December 2 and 3, 2010, to consider the CRWG report. Defense Secretary Robert Gates, Joint Chiefs Chairman Michael Mullen urged immediate repeal. The heads of the Marine Corps, Army, and Navy all advised against immediate repeal and expressed varied views on its eventual repeal.[16]

Democrats in Congress quickly scheduled hearings to consider repeal of the law.[17] On December 3, the "Joint Chiefs of Staff appeared before the "Senate Armed Services Committee to testify about repeal.[18] While the "Vice Chairman of the Joint Chiefs of Staff, "Chief of Naval Operations, and "Commandant of the Coast Guard said repeal would cause minimal disruption, heads of the "Army, "Air Force, and "Marines opposed repeal because it would cause additional stress on combat focused forces during war.[18]

On December 9, 2010, another filibuster prevented debate on the Defense Authorization Act during the "lame duck session of Congress.[19]

On December 9, 2010, in reaction to the failure to open discussion on the Defense Authorization Act, Senators "Joe Lieberman and "Susan Collins introduced a bill that included the policy-related portions of the Defense Authorization Act that they considered more likely to pass as a stand-alone bill. "The Washington Post compared it to a "Hail Mary pass.[20][21] The stand-alone bill was sponsored by "Patrick Murphy and passed the House on a vote of 250 to 175 on December 15, 2010.[22][23]

""
""
Obama signs the Don't Ask, Don't Tell Repeal Act of 2010

On December 18, 2010, the Senate voted to end debate on its version of the bill by a cloture vote of 63–33.[24] Prior to the vote, Sen. Lieberman gave the final argument in favor of repealing DADT and Sen. McCain argued against repeal. The final Senate vote was held later that same day, with the measure passing by a vote of 65–31.[25]

U.S. Secretary of Defense "Robert Gates released a statement following the vote indicating that the planning for implementation of a policy repeal would begin right away, led by "Under Secretary of Defense for Personnel and Readiness "Clifford L. Stanley, and would continue until Gates certified that conditions were met for orderly repeal of the policy.[26] President "Barack Obama signed the bill into law on December 22, 2010.[1][2]

Senate roll call[edit]

""
""
House vote by congressional district.
  Democratic yea
  Democratic nay
  Republican yea
  Republican nay
  Absent or no representative seated
""
""
Senate vote by state.
  Both yes
  One yes, one didn't vote
  One yes, one no
  One no, one didn't vote
  Both no
State Senator Party Vote on
"Cloture[27]
Vote on
Repeal[28]
"Hawaii Akaka, Daniel"Daniel Akaka Democratic Green tickY Aye Green tickY Aye
"Tennessee Alexander, Lamar"Lamar Alexander Republican Red XN No Red XN No
"Wyoming Barrasso, John"John Barrasso Republican Red XN No Red XN No
"Montana Baucus, Max"Max Baucus Democratic Green tickY Aye Green tickY Aye
"Indiana Bayh, Evan"Evan Bayh Democratic Green tickY Aye Green tickY Aye
"Alaska Begich, Mark"Mark Begich Democratic Green tickY Aye Green tickY Aye
"Colorado Bennet, Michael"Michael Bennet Democratic Green tickY Aye Green tickY Aye
"Utah Bennett, Robert"Robert Bennett Republican Red XN No Red XN No
"New Mexico Bingaman, Jeff"Jeff Bingaman Democratic Green tickY Aye Green tickY Aye
"Missouri Bond, Kit"Kit Bond Republican Red XN No Red XN No
"California Boxer, Barbara"Barbara Boxer Democratic Green tickY Aye Green tickY Aye
"Ohio Brown, Sherrod"Sherrod Brown Democratic Green tickY Aye Green tickY Aye
"Massachusetts Brown, Scott"Scott Brown Republican Green tickY Aye Green tickY Aye
"Kansas Brownback, Sam"Sam Brownback Republican Red XN No Red XN No
"Kentucky Bunning, Jim"Jim Bunning Republican Did not vote Did not vote
"North Carolina Burr, Richard"Richard Burr Republican Red XN No Green tickY Aye
"Washington Cantwell, Maria"Maria Cantwell Democratic Green tickY Aye Green tickY Aye
"Maryland Cardin, Ben"Ben Cardin Democratic Green tickY Aye Green tickY Aye
"Delaware Carper, Tom"Tom Carper Democratic Green tickY Aye Green tickY Aye
"Pennsylvania Casey, Jr., Bob"Bob Casey, Jr. Democratic Green tickY Aye Green tickY Aye
"Georgia Chambliss, Saxby"Saxby Chambliss Republican Red XN No Red XN No
"Oklahoma Coburn, Tom"Tom Coburn Republican Red XN No Red XN No
"Mississippi Cochran, Thad"Thad Cochran Republican Red XN No Red XN No
"Maine Collins, Susan"Susan Collins Republican Green tickY Aye Green tickY Aye
"North Dakota Conrad, Kent"Kent Conrad Democratic Green tickY Aye Green tickY Aye
"Delaware Coons, Chris"Chris Coons Democratic Green tickY Aye Green tickY Aye
"Tennessee Corker, Bob"Bob Corker Republican Red XN No Red XN No
"Texas Cornyn, John"John Cornyn Republican Red XN No Red XN No
"Idaho Crapo, Mike"Mike Crapo Republican Red XN No Red XN No
"South Carolina DeMint, Jim"Jim DeMint Republican Red XN No Red XN No
"Connecticut Dodd, Christopher"Christopher Dodd Democratic Green tickY Aye Green tickY Aye
"North Dakota Dorgan, Byron"Byron Dorgan Democratic Green tickY Aye Green tickY Aye
"Illinois Durbin, Dick"Dick Durbin Democratic Green tickY Aye Green tickY Aye
"Nevada Ensign, John"John Ensign Republican Red XN No Green tickY Aye
"Wyoming Enzi, Mike"Mike Enzi Republican Red XN No Red XN No
"Wisconsin Feingold, Russ"Russ Feingold Democratic Green tickY Aye Green tickY Aye
"California Feinstein, Dianne"Dianne Feinstein Democratic Green tickY Aye Green tickY Aye
"Minnesota Franken, Al"Al Franken Democratic Green tickY Aye Green tickY Aye
"New York Gillibrand, Kirsten"Kirsten Gillibrand Democratic Green tickY Aye Green tickY Aye
"South Carolina Graham, Lindsey"Lindsey Graham Republican Red XN No Red XN No
"Iowa Grassley, Chuck"Chuck Grassley Republican Red XN No Red XN No
"New Hampshire Gregg, Judd"Judd Gregg Republican Did not vote Did not vote
"North Carolina Hagan, Kay"Kay Hagan Democratic Green tickY Aye Green tickY Aye
"Iowa Harkin, Tom"Tom Harkin Democratic Green tickY Aye Green tickY Aye
"Utah Hatch, Orrin"Orrin Hatch Republican Did not vote Did not vote
"Texas Hutchison, Kay Bailey"Kay Bailey Hutchison Republican Red XN No Red XN No
"Oklahoma Inhofe, Jim"Jim Inhofe Republican Red XN No Red XN No
"Hawaii Inouye, Daniel"Daniel Inouye Democratic Green tickY Aye Green tickY Aye
"Georgia Isakson, Johnny"Johnny Isakson Republican Red XN No Red XN No
"Nebraska Johanns, Mike"Mike Johanns Republican Red XN No Red XN No
"South Dakota Johnson, Tim"Tim Johnson Democratic Green tickY Aye Green tickY Aye
"Massachusetts Kerry, John"John Kerry Democratic Green tickY Aye Green tickY Aye
"Illinois Kirk, Mark"Mark Kirk Republican Green tickY Aye Green tickY Aye
"Minnesota Klobuchar, Amy"Amy Klobuchar Democratic Green tickY Aye Green tickY Aye
"Wisconsin Kohl, Herb"Herb Kohl Democratic Green tickY Aye Green tickY Aye
"Arizona Kyl, Jon"Jon Kyl Republican Red XN No Red XN No
"Louisiana Landrieu, Mary"Mary Landrieu Democratic Green tickY Aye Green tickY Aye
"New Jersey Lautenberg, Frank"Frank Lautenberg Democratic Green tickY Aye Green tickY Aye
"Vermont Leahy, Patrick"Patrick Leahy Democratic Green tickY Aye Green tickY Aye
"Florida LeMieux, George"George LeMieux Republican Red XN No Red XN No
"Michigan Levin, Carl"Carl Levin Democratic Green tickY Aye Green tickY Aye
"Connecticut Lieberman, Joe"Joe Lieberman Independent Green tickY Aye Green tickY Aye
"Arkansas Lincoln, Blanche"Blanche Lincoln Democratic Green tickY Aye Green tickY Aye
"Indiana Lugar, Richard"Richard Lugar Republican Red XN No Red XN No
"West Virginia Manchin, Joe"Joe Manchin Democratic Red XN No Did not vote
"Arizona McCain, John"John McCain Republican Red XN No Red XN No
"Missouri McCaskill, Claire"Claire McCaskill Democratic Green tickY Aye Green tickY Aye
"Kentucky McConnell, Mitch"Mitch McConnell Republican Red XN No Red XN No
"New Jersey Menendez, Bob"Bob Menendez Democratic Green tickY Aye Green tickY Aye
"Oregon Merkley, Jeff"Jeff Merkley Democratic Green tickY Aye Green tickY Aye
"Maryland Mikulski, Barbara"Barbara Mikulski Democratic Green tickY Aye Green tickY Aye
"Alaska Murkowski, Lisa"Lisa Murkowski Republican Green tickY Aye Green tickY Aye
"Washington Murray, Patty"Patty Murray Democratic Green tickY Aye Green tickY Aye
"Nebraska Nelson, Ben"Ben Nelson Democratic Green tickY Aye Green tickY Aye
"Florida Nelson, Bill"Bill Nelson Democratic Green tickY Aye Green tickY Aye
"Arkansas Pryor, Mark"Mark Pryor Democratic Green tickY Aye Green tickY Aye
"Rhode Island Reed, Jack"Jack Reed Democratic Green tickY Aye Green tickY Aye
"Nevada Reid, Harry"Harry Reid Democratic Green tickY Aye Green tickY Aye
"Idaho Risch, Jim"Jim Risch Republican Red XN No Red XN No
"Kansas Roberts, Pat"Pat Roberts Republican Red XN No Red XN No
"West Virginia Rockefeller, Jay"Jay Rockefeller Democratic Green tickY Aye Green tickY Aye
"Vermont Sanders, Bernie"Bernie Sanders Independent Green tickY Aye Green tickY Aye
"New York Schumer, Chuck"Chuck Schumer Democratic Green tickY Aye Green tickY Aye
"Alabama Sessions, Jeff"Jeff Sessions Republican Red XN No Red XN No
"New Hampshire Shaheen, Jeanne"Jeanne Shaheen Democratic Green tickY Aye Green tickY Aye
"Alabama Shelby, Richard"Richard Shelby Republican Red XN No Red XN No
"Maine Snowe, Olympia"Olympia Snowe Republican Green tickY Aye Green tickY Aye
"Pennsylvania Specter, Arlen"Arlen Specter Democratic Green tickY Aye Green tickY Aye
"Michigan Stabenow, Debbie"Debbie Stabenow Democratic Green tickY Aye Green tickY Aye
"Montana Tester, Jon"Jon Tester Democratic Green tickY Aye Green tickY Aye
"South Dakota Thune, John"John Thune Republican Red XN No Red XN No
"Colorado Udall, Mark"Mark Udall Democratic Green tickY Aye Green tickY Aye
"New Mexico Udall, Tom"Tom Udall Democratic Green tickY Aye Green tickY Aye
"Louisiana Vitter, David"David Vitter Republican Red XN No Red XN No
"Ohio Voinovich, George"George Voinovich Republican Green tickY Aye Green tickY Aye
"Virginia Warner, Mark"Mark Warner Democratic Green tickY Aye Green tickY Aye
"Virginia Webb, Jim"Jim Webb Democratic Green tickY Aye Green tickY Aye
"Rhode Island Whitehouse, Sheldon"Sheldon Whitehouse Democratic Green tickY Aye Green tickY Aye
"Mississippi Wicker, Roger"Roger Wicker Republican Red XN No Red XN No
"Oregon Wyden, Ron"Ron Wyden Democratic Green tickY Aye Green tickY Aye

Implementation[edit]

Following enactment, the Department of Defense charged a committee led by "Clifford Stanley to oversee its implementation. Stanley's committee commissioned a comprehensive review of current policies, the repeal, and whether the new status quo would be consistent with the goals of, in the words of Secretary of Defense "Robert Gates, "military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces."[29] On January 29, 2011, the Pentagon released its plan for "implementing the end of DADT. It called for a three-month period of training for all personnel, beginning in the third quarter of 2011. President Obama, Defense Secretary Leon Panetta, and Joint Chiefs of Staff Chairman Adm. Mike Mullen sent Congress the required certification that implementation of repeal would not have negative effect on military readiness and performance on July 22, 2011. Full implementation of the repeal occurred 60 days later on September 20, 2011.

The repeal of DADT did not alter the language of Article 125 of the "Uniform Code of Military Justice, which banned "sodomy by service members. This prohibition was removed upon enactment of the "National Defense Authorization Act for Fiscal Year 2014.[30]

References[edit]

  1. ^ a b Wilgoren, Debbi; Backon, Perry Jr. (2010-12-22). "Obama to sign DADT repeal before big, emotional crowd". "Washington Post. Retrieved 2010-12-22. 
  2. ^ a b "Obama signs bill repealing 'don't ask, don't tell' policy". "Los Angeles Times. "Associated Press. 2010-12-22. Retrieved 2010-12-22. 
  3. ^ "H.R.2965 - Dont Ask, Dont Tell Repeal Act of 2010". OpenCongress.org. 
  4. ^ American Psychological Association: Proceedings of the American Psychological Association for the legislative year 2004. Minutes of the meeting of the Council of Representatives July 28 & 30, 2004, Honolulu, Hawaii, accessed March 5, 2012
  5. ^ "Report: 'Don't Ask, Don't Tell' costs $363M". USA Today. February 14, 2006. Retrieved March 14, 2012. 
  6. ^ "Opinions of Military Personnel on Sexual Minorities in the Military" (PDF). 2006. Retrieved October 13, 2010. 
  7. ^ Joint Chiefs of Staff: "Testimony Regarding DoD 'Dont Ask, Dont Tell' Policy," February 22, 2010 Archived January 30, 2012, at the "Wayback Machine., accessed February 19, 2012
  8. ^ "Final vote results for roll call 317". Clerk.house.gov. May 27, 2010. Retrieved December 19, 2010. 
  9. ^ Allen, Jared; Tiron, Roxana (May 25, 2010). "GOP to defend 'Don't ask, Don't Tell'". "The Hill. Retrieved May 30, 2010. 
  10. ^ a b Fritze, John (May 27, 2010). "Congress advances repeal of 'don’t ask, don’t tell'". USA Today. Retrieved May 27, 2010. 
  11. ^ Herszenhorn, David M.; Hulse, Carl (May 27, 2010). "House Votes to Allow Repeal of 'Don't Ask, Don't Tell' Law". The New York Times. Retrieved May 28, 2010. 
  12. ^ "House Passes 'Don't Ask, Don't Tell' Bill". "CBS. May 28, 2010. Archived from the original on July 21, 2010. Retrieved May 28, 2010. 
  13. ^ "Senate halts 'don't ask, don't tell' repeal". CNN. September 22, 2010. 
  14. ^ Department of Defense: "Report of the Comprehensive Review of the Issues Associated with a Repeal of 'Don't Ask, Don't Tell'," November 30, 2010 Archived January 13, 2012, at the "Wayback Machine., accessed January 30, 2012; ""comprehensive report
  15. ^ a b Bumiller, Elisabeth (November 30, 2010). "Little Impact Seen if Military Gay Ban Is Repealed". "The New York Times. Retrieved December 1, 2010. 
  16. ^ New York Times: Elisabeth Bumiller, "Service Chiefs Tell Panel of Risks to 'Don't Ask, Don't Tell' Repeal," December 3, 2010, accessed January 30, 2011
  17. ^ O'Keefe, Ed; Whitlock, Craig (November 30, 2010). "'Don't ask, don't tell' report: Little risk to allowing gays to serve openly". "Washington Post. Retrieved December 1, 2010. 
  18. ^ a b "Top generals buck White House on military gay ban". "MSNBC. December 3, 2010. Retrieved December 6, 2010. 
  19. ^ O'Keefe, Ed; Kane, Paul (December 9, 2010). "'Don't ask, don't tell' procedural vote fails". The Washington Post. Retrieved December 10, 2010.  Crossing party lines, Sen. Susan Collins of Maine voted in favor of "cloture on the bill and Sen Joe Manchin of West Virginia voted against "cloture. Manchin stated that he did not support "cloture because he had not yet consulted constituents on the issue, but said that the policy "probably should be repealed in the near future". D'Aprile, Shane (December 9, 2010). "Manchin votes against 'Don't ask' repeal, then apologizes". The Hill. Retrieved December 10, 2010. 
  20. ^ O'Keefe, Ed; Whitlock, Craig (December 11, 2010). "New bill introduced to end 'don't ask, don't tell'". The Washington Post. Retrieved December 13, 2010. 
  21. ^ "S. 4022". Hdl.loc.gov. December 9, 2010. Retrieved December 19, 2010. 
  22. ^ "Final vote results for roll call 638". Clerk.house.gov. December 15, 2010. Retrieved December 19, 2010. 
  23. ^ "Bill Summary & Status – 111th Congress (2009–2010) – H.R.6520". Hdl.loc.gov. June 19, 2009. Retrieved December 19, 2010. 
  24. ^ "U.S. Senate Roll Call", U.S. Senate, December 18, 2010. Retrieved December 18, 2010.
  25. ^ Hulse, Carl (December 18, 2010). "Senate Repeals 'Don't Ask, Don't Tell'". The New York Times. Retrieved December 18, 2010. 
  26. ^ "Statement by Secretary Robert Gates on Senate Vote to Repeal 'Don't Ask, Don't Tell'" (Press release). United States Department of Defense. December 18, 2010. Archived from the original on December 24, 2010. Retrieved December 19, 2010. 
  27. ^ Roll call vote 279, via Senate.gov
  28. ^ Roll call vote 281, via Senate.gov
  29. ^ Miles, Donna (December 18, 2010). "‘Don’t Ask’ Remains in Effect as Gates, Mullen Tackle Plan". "United States Department of Defense. American Forces Press Service. 
  30. ^ Vergun, David (January 8, 2014). "New Law Brings Changes to Uniform Code of Military Justice". United States Department of Defense. Army News Service. 

External links[edit]

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