Legal Daily News Feature

Here Comes the Sun: Dont Ask, Dont Tell Repeal Takes Effect
By Rebecca E. Neely Gay rights, gay marriage and all the heated debates on the controversial subjects have been at the forefront of the nations news for years, but even more so as of late, with New Yorks newly enacted gay marriage law, and Californias continuing battle over Prop 8. This week, the long awaited - at least for some - death of the dont ask, dont tell law made historic headlines.

09/22/11 Obama signed legislation that ended the DADT policy in January. Its been a long cold, lonely winter. Here comes the sun. According to the September 20th cbsnews.com article, Dont ask, dont tell consigned to history, the repeal of the law that permitted gays to serve in the military as long as they kept their sexual orientation private, went into effect Tuesday at 12:01am EDT. The law had been in effect since 1993. While some are still opposed to the change, top Pentagon leaders certify it will not undermine the militarys ability to recruit or to fight wars, per the article. In response to the end of dont ask, dont tell, celebrations all over the country were planned by gay advocacy groups. And, in anticipation of the lifting of the ban, the military has accepted applications in past weeks from openly gay recruits. In conjunction with the end of dont ask, dont tell, the Defense Department will publish new regulations regarding the repeal; for example references to banned homosexual service will be eliminated.

Per the article, the Pentagon said 97 percent of the military has undergone training in the new law. In addition, all pending investigations, discharges and other proceedings brought under the law will end. What will remain the same? Standards already in place regarding public displays of affection, without regard to sexual orientation. Also, eligibility standards for military benefits will remain status quo. Passed during the Clinton administration in 1993, DADT disallowed people who demonstrate a propensity or intent to engage in homosexual acts from service in the armed forces of the United States, as they 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, per information at wikipedia.com. The end of dont ask, dont tell, could perhaps, in many regards, be heralded as the fall of a Berlin Wall, of sorts, on many fronts. And, dare it be said, with the repeal of the eighteen year old law, it would appear, perhaps, that the government has lent support to the argument not only for gay rights, but perhaps for gay marriage as well.

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