Did they, or didn't they, repeal DADT?

[Wild Cobra]

In the news, is the repeal of Don't Ask, Don't Tell. Now if you follow what they did, they attached a small amendment to HR 2965. The latest vote, 12/18 at 3:02 PM was 65 to 31. Now the AP article below has part of it wrong. This is not a 17 year ban on gays serving in the military. It's a 17 year allowance that the can serve, and they will not be asked as part of screening for entry. They just cannot be open.

The actual text of the bill (http://www.gpo.gov/fdsys/pkg/BILLS-111hr2965eah/pdf/BILLS-111hr2965eah.pdf) I find deceiving to the advocates. There are requirements that all have to be met, one of them being the Joint Chiefs signing off on it. I'm pretty sure the joint Chiefs are not going to sign off on this, unless Obama starts firing all that do not, and replaces them with ones that will.

Wouldn't that be a circus to watch!!

Oh....

The bill still has to finish it's way through congress and be signed by our cheerless leader.

Gays see repeal as a civil rights milestone (http://news.yahoo.com/s/ap/20101219/ap_on_re_us/us_gays_in_military_reax)

[Spurminator]

Well John McCain certainly seems to believe it has. Poor old guy.

http://www.theatlantic.com/politics/archive/2010/12/john-mccains-inglorious-dadt-moment/68243/


"Today is a very sad day," McCain announced, detailing his continuing opposition to allowing gay and lesbian soldiers to be open about their sexuality.

"There will be high-fives over all the liberal bastions of America," he predicted, from "the elite schools that bar military recruiters from campus" to "the salons of Georgetown" and the "talk shows" where people -- "most of whom have never have served in the military" -- will crow over the law's repeal.

Proving it was always about politics with him. Because if it makes Liberals happy, it can't possibly be good.

Mr. McCain, I appreciate your service to our country. That said, go fuck yourself.

[Wild Cobra]

Oh, I forgot...

Here is 10 USC 654 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+10USC654), which HR 2965 would remove. I don't think this is the ban on gays in the military, but just the DODT policy, so they best be careful.... They might get that big green weenie!

[Wild Cobra]

Well John McCain certainly seems to believe it has. Poor old guy.

http://www.theatlantic.com/politics/archive/2010/12/john-mccains-inglorious-dadt-moment/68243/



Proving it was always about politics with him. Because if it makes Liberals happy, it can't possibly be good.

Mr. McCain, I appreciate your service to our country. That said, go fuck yourself.
I only agree with McCain not wanting MLK day, because it merged two holidays into one. One of them was my birthday, and I always had it off.

[FromWayDowntown]

As noted, the House and Senate bills repeal 10 USC s. 654, which prohibits homosexual service in the military (or at least commands that an outed homosexual be separated from service).

As far as I can tell, there is no other law that prohibits service by homosexuals; there are statutory allowances for the DOD and the Secretary of Defense to make regulations concerning the qualifications to serve, but the current bills certainly seem to reign-in that rule-making authority on the issue of homosexuals serving in the military.

DOD regulations are not law -- they exist only to the extent that Congress allows them to exist. If the current bills don't limit that rulemaking authority on the subject, it's a simple matter of revising the existing rule-making authority to do just that. The policy decision here is rather obvious.

It would be pretty ridiculous for DOD to promulgate regulations that overtly defy Congressional policy choices -- either by refusing to provide the necessary certifications or by maintaining rules that are clearly at odds with the policy choices manifested in the current bills. For that reason, any potential loophole is (I think) ultimately a non-starter, since it seems relatively apparent that such defiance is unlikely.

[ElNono]

/thread

[ChumpDumper]

Damn, WC is stupid.

[Wild Cobra]

As noted, the House and Senate bills repeal 10 USC s. 654, which prohibits homosexual service in the military (or at least commands that an outed homosexual be separated from service).

As far as I can tell, there is no other law that prohibits service by homosexuals; there are statutory allowances for the DOD and the Secretary of Defense to make regulations concerning the qualifications to serve, but the current bills certainly seem to reign-in that rule-making authority on the issue of homosexuals serving in the military.

DOD regulations are not law -- they exist only to the extent that Congress allows them to exist. If the current bills don't limit that rulemaking authority on the subject, it's a simple matter of revising the existing rule-making authority to do just that. The policy decision here is rather obvious.

It would be pretty ridiculous for DOD to promulgate regulations that overtly defy Congressional policy choices -- either by refusing to provide the necessary certifications or by maintaining rules that are clearly at odds with the policy choices manifested in the current bills. For that reason, any potential loophole is (I think) ultimately a non-starter, since it seems relatively apparent that such defiance is unlikely.
Did you read the stipulations in HR 2965 that must occur before the repeal can go into effect?

[boutons_deux]

US lawmakers have voted to allow gays to serve openly in the military for the first time, but troops must wait months before they can reveal their sexual orientation without facing dismissal.

http://www.rawstory.com/rs/2010/12/gay-soldiers-hold-fire-sexuality/

[FromWayDowntown]

Did you read the stipulations in HR 2965 that must occur before the repeal can go into effect?

Yes. And given that Secretary Gates has been deeply involved and supportive of the fact-finding associated with these bills, I can't imagine that DOD will resist or delay in making the certifications.

To wit: http://www.bloomberg.com/news/2010-12-19/gates-says-don-t-ask-don-t-tell-repeal-will-be-successful.html

[DMX7]

John McCain has become an incredible coward in his old age.

If the Arizona Tea Baggers wanted to reinstate segregation during an election year, McCain would probably hop on-board.

[jack sommerset]

Z99SIuJuxPo

[boutons_deux]

McLiar and pitbull bitch would have made a wonderful Executive team. :lol :lol :lol

McLiar's cortex is obviously kaput, he's running on reptilian brain stem, which is pretty much what the extreme right wingers and tea baggers manage as intellectual capacity.

War Hero? no, a klutz who crashed many AF planes.