Can I "Tell" Yet?

On Oct. 12, Federal Judge Virginia Phillips issued a worldwide injunction on the enforcement of Don’t Ask, Don’t Tell. Judge Phillips ruled that DADT violates due process rights, freedom of speech, and the right to petition the government for redress of grievances guaranteed by the First Amendment, and that it has a “direct and deleterious effect” on the military by limiting recruitment and causing the discharge of valuable, skilled service members.

On Oct. 13, the Department of Justice announced that there would be an appeal, but not before the Department of Defense announced that all investigations, suspensions and other enforcement of DADT would be put on hold.

Then on Sunday’s Meet the Press White House Press Secretary Robert Gibbs referred to a “process” that must be followed without explaining what exactly that is. If the President and the Secretary of Defense want to overturn Don’t Ask Don’t Tell, and the majority of the America Public support gays serving openly in the military, why hasn’t it happened yet? Are there valid reasons why this law shouldn’t be overturned immediately by Congress, or is it being held hostage by politics and midterm elections?

This injunction and the events that followed are the latest developments in the years-long debate on DADT, including a recently failed congressional attempt to end the policy as part of the annual Pentagon authorization bill.

How has DADT affected the U.S. military?

• More than 14,000 service members have been discharged since 1994.
• A 2005 Government Accountability Office report says nearly 800 of those discharged were ‘mission-critical’ specialists – including pilots, intelligence analysts, medics and language experts.
• A Blue Ribbon Commission Report found that the cost to replace and train service members discharged because of DADT from Fiscal Year 1994 – 2003 exceeded $363.8 million; cost estimates are unavailable for the period following.

Why does it matter whether DADT is repealed in the courts or in Congress? What is the DoD likely to do now that an appeal is immanent? How does DADT affect military service members? Is our national security compromised? Will we run out of qualified recruits? What message does DADT send to our allies who do not ban gay soldiers from serving in their militaries?