Don't Ask, Don't Tell Repeal Act of 2010

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.

Background

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

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

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, DanielDaniel Akaka Democratic Green tick Aye Green tick Aye
Tennessee Alexander, LamarLamar Alexander RepublicanRed X No Red X No
Wyoming Barrasso, JohnJohn Barrasso RepublicanRed X No Red X No
Montana Baucus, MaxMax Baucus Democratic Green tick Aye Green tick Aye
Indiana Bayh, EvanEvan Bayh Democratic Green tick Aye Green tick Aye
Alaska Begich, MarkMark Begich Democratic Green tick Aye Green tick Aye
Colorado Bennet, MichaelMichael Bennet Democratic Green tick Aye Green tick Aye
Utah Bennett, RobertRobert Bennett RepublicanRed X No Red X No
New Mexico Bingaman, JeffJeff Bingaman Democratic Green tick Aye Green tick Aye
Missouri Bond, KitKit Bond RepublicanRed X No Red X No
California Boxer, BarbaraBarbara Boxer Democratic Green tick Aye Green tick Aye
Ohio Brown, SherrodSherrod Brown Democratic Green tick Aye Green tick Aye
Massachusetts Brown, ScottScott Brown Republican Green tick Aye Green tick Aye
Kansas Brownback, SamSam Brownback RepublicanRed X No Red X No
Kentucky Bunning, JimJim Bunning RepublicanDid not vote Did not vote
North Carolina Burr, RichardRichard Burr RepublicanRed X No Green tick Aye
Washington Cantwell, MariaMaria Cantwell Democratic Green tick Aye Green tick Aye
Maryland Cardin, BenBen Cardin Democratic Green tick Aye Green tick Aye
Delaware Carper, TomTom Carper Democratic Green tick Aye Green tick Aye
Pennsylvania Casey, Jr., BobBob Casey, Jr. Democratic Green tick Aye Green tick Aye
Georgia Chambliss, SaxbySaxby Chambliss RepublicanRed X No Red X No
Oklahoma Coburn, TomTom Coburn RepublicanRed X No Red X No
Mississippi Cochran, ThadThad Cochran RepublicanRed X No Red X No
Maine Collins, SusanSusan Collins Republican Green tick Aye Green tick Aye
North Dakota Conrad, KentKent Conrad Democratic Green tick Aye Green tick Aye
Delaware Coons, ChrisChris Coons Democratic Green tick Aye Green tick Aye
Tennessee Corker, BobBob Corker RepublicanRed X No Red X No
Texas Cornyn, JohnJohn Cornyn RepublicanRed X No Red X No
Idaho Crapo, MikeMike Crapo RepublicanRed X No Red X No
South Carolina DeMint, JimJim DeMint RepublicanRed X No Red X No
Connecticut Dodd, ChrisChris Dodd Democratic Green tick Aye Green tick Aye
North Dakota Dorgan, ByronByron Dorgan Democratic Green tick Aye Green tick Aye
Illinois Durbin, DickDick Durbin Democratic Green tick Aye Green tick Aye
Nevada Ensign, JohnJohn Ensign RepublicanRed X No Green tick Aye
Wyoming Enzi, MikeMike Enzi RepublicanRed X No Red X No
Wisconsin Feingold, RussRuss Feingold Democratic Green tick Aye Green tick Aye
California Feinstein, DianneDianne Feinstein Democratic Green tick Aye Green tick Aye
Minnesota Franken, AlAl Franken Democratic Green tick Aye Green tick Aye
New York Gillibrand, KirstenKirsten Gillibrand Democratic Green tick Aye Green tick Aye
South Carolina Graham, LindseyLindsey Graham RepublicanRed X No Red X No
Iowa Grassley, ChuckChuck Grassley RepublicanRed X No Red X No
New Hampshire Gregg, JuddJudd Gregg RepublicanDid not vote Did not vote
North Carolina Hagan, KayKay Hagan Democratic Green tick Aye Green tick Aye
Iowa Harkin, TomTom Harkin Democratic Green tick Aye Green tick Aye
Utah Hatch, OrrinOrrin Hatch RepublicanDid not vote Did not vote
Texas Hutchison, Kay BaileyKay Bailey Hutchison RepublicanRed X No Red X No
Oklahoma Inhofe, JimJim Inhofe RepublicanRed X No Red X No
Hawaii Inouye, DanielDaniel Inouye Democratic Green tick Aye Green tick Aye
Georgia Isakson, JohnnyJohnny Isakson RepublicanRed X No Red X No
Nebraska Johanns, MikeMike Johanns RepublicanRed X No Red X No
South Dakota Johnson, TimTim Johnson Democratic Green tick Aye Green tick Aye
Massachusetts Kerry, JohnJohn Kerry Democratic Green tick Aye Green tick Aye
Illinois Kirk, MarkMark Kirk Republican Green tick Aye Green tick Aye
Minnesota Klobuchar, AmyAmy Klobuchar Democratic Green tick Aye Green tick Aye
Wisconsin Kohl, HerbHerb Kohl Democratic Green tick Aye Green tick Aye
Arizona Kyl, JonJon Kyl RepublicanRed X No Red X No
Louisiana Landrieu, MaryMary Landrieu Democratic Green tick Aye Green tick Aye
New Jersey Lautenberg, FrankFrank Lautenberg Democratic Green tick Aye Green tick Aye
Vermont Leahy, PatrickPatrick Leahy Democratic Green tick Aye Green tick Aye
Florida LeMieux, GeorgeGeorge LeMieux RepublicanRed X No Red X No
Michigan Levin, CarlCarl Levin Democratic Green tick Aye Green tick Aye
Connecticut Lieberman, JoeJoe Lieberman Independent Green tick Aye Green tick Aye
Arkansas Lincoln, BlancheBlanche Lincoln Democratic Green tick Aye Green tick Aye
Indiana Lugar, RichardRichard Lugar RepublicanRed X No Red X No
West Virginia Manchin, JoeJoe Manchin Democratic Red X No Did not vote
Arizona McCain, JohnJohn McCain RepublicanRed X No Red X No
Missouri McCaskill, ClaireClaire McCaskill Democratic Green tick Aye Green tick Aye
Kentucky McConnell, MitchMitch McConnell RepublicanRed X No Red X No
New Jersey Menendez, BobBob Menendez Democratic Green tick Aye Green tick Aye
Oregon Merkley, JeffJeff Merkley Democratic Green tick Aye Green tick Aye
Maryland Mikulski, BarbaraBarbara Mikulski Democratic Green tick Aye Green tick Aye
Alaska Murkowski, LisaLisa Murkowski Republican Green tick Aye Green tick Aye
Washington Murray, PattyPatty Murray Democratic Green tick Aye Green tick Aye
Nebraska Nelson, BenBen Nelson Democratic Green tick Aye Green tick Aye
Florida Nelson, BillBill Nelson Democratic Green tick Aye Green tick Aye
Arkansas Pryor, MarkMark Pryor Democratic Green tick Aye Green tick Aye
Rhode Island Reed, JackJack Reed Democratic Green tick Aye Green tick Aye
Nevada Reid, HarryHarry Reid Democratic Green tick Aye Green tick Aye
Idaho Risch, JimJim Risch RepublicanRed X No Red X No
Kansas Roberts, PatPat Roberts RepublicanRed X No Red X No
West Virginia Rockefeller, JayJay Rockefeller Democratic Green tick Aye Green tick Aye
Vermont Sanders, BernieBernie Sanders Independent Green tick Aye Green tick Aye
New York Schumer, ChuckChuck Schumer Democratic Green tick Aye Green tick Aye
Alabama Sessions, JeffJeff Sessions RepublicanRed X No Red X No
New Hampshire Shaheen, JeanneJeanne Shaheen Democratic Green tick Aye Green tick Aye
Alabama Shelby, RichardRichard Shelby RepublicanRed X No Red X No
Maine Snowe, OlympiaOlympia Snowe Republican Green tick Aye Green tick Aye
Pennsylvania Specter, ArlenArlen Specter Democratic Green tick Aye Green tick Aye
Michigan Stabenow, DebbieDebbie Stabenow Democratic Green tick Aye Green tick Aye
Montana Tester, JonJon Tester Democratic Green tick Aye Green tick Aye
South Dakota Thune, JohnJohn Thune RepublicanRed X No Red X No
Colorado Udall, MarkMark Udall Democratic Green tick Aye Green tick Aye
New Mexico Udall, TomTom Udall Democratic Green tick Aye Green tick Aye
Louisiana Vitter, DavidDavid Vitter RepublicanRed X No Red X No
Ohio Voinovich, GeorgeGeorge Voinovich Republican Green tick Aye Green tick Aye
Virginia Warner, MarkMark Warner Democratic Green tick Aye Green tick Aye
Virginia Webb, JimJim Webb Democratic Green tick Aye Green tick Aye
Rhode Island Whitehouse, SheldonSheldon Whitehouse Democratic Green tick Aye Green tick Aye
Mississippi Wicker, RogerRoger Wicker RepublicanRed X No Red X No
Oregon Wyden, RonRon Wyden Democratic Green tick Aye Green tick Aye

Implementation

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

  1. 1 2 Wilgoren, Debbi; Backon, Perry Jr. (2010-12-22). "Obama to sign DADT repeal before big, emotional crowd". Washington Post. Retrieved 2010-12-22.
  2. 1 2 "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. 1 2 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. 1 2 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. 1 2 "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.
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