The Bo Show

Obama Can Really End D.A.D.T.

Since Don’t Ask, Don’t Tell has been enacted, more than 12,000 men and woman have been relieved of their duties in the United States Military because they are gay. But, ever since President Obama and the Democrats have taken control of Washington, things could change. But, my question is, will things change? If you look at the current state of the issue, the answer is an obvious no.

We all know President Obama said he is going to overturn D.A.D.T during his first years in the White House, but it may not be on the timeline many gay Americans are hoping for. I guess it’s not going to be within the first six months… or perhaps the first year. But, what we may not know is President Obama’s hands aren’t as tightly tied as we may have suspected.

An new study by a team of military law experts finds that President Obama has the legal authority to end gay discharges through an executive order. The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” was sponsored by the Palm Center at the University of California, Santa Barbara.

I always thought only Congress can lift the ban. But the study suggests differently, “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House,” said Aaron Belkin, director of the Palm Center.

Apparantly, there are three legal bases to this presidential authority. First, there’s the “Authority of President to suspend certain laws relating to promotion, retirement, and separation.” Under the law, President Obama may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who he determines is essential to the national security of the United States during a “period of national emergency.”

The second and third can be found in the D.A.D.T. legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.”

Finally, a soldier could be relieved of his or her services if a finding of homosexuality is made, but it does not require that this finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”

The White House has not responded to the study.

Sign the petition to President Barack Obama to end D.A.D.T: CourageCampaign.org