After a decade of discussions with the House and Senate Armed Services Committees and specific recommendations to the Hill, we welcome the Senate Armed Services Committee’s (SASC) decision to repeal Article 125 of the Uniform Code of Military Justice (UCMJ) relating to sodomy. This action has been recommended by SLDN and several groups, including the Cox Commission, which includes distinguished legal scholars from the military and academia, as well as the Comprehensive Review Working Group (CRWG). The committee’s decision to amend Article 120 of the UCMJ is also timely and welcomed.
We were also pleased that provisions to delay ‘Don’t Ask, Don’t Tell’ repeal certification, as well as inject DOMA language into the bill, were not offered.
As we look toward the Senate floor and eventually the conference committee, keep in mind that we are two days away from the six-month anniversary of DADT repeal on June 22. The clock is ticking.
Servicemembers are still waiting. We’re all still waiting. We need swift certification and effectuation of DADT repeal.
Nearly six months later, Minority Leader Hoyer’s message about fundamental rights being “self-evident, but not self-executing” rings true. Even as military leaders are working hard to train the troops for repeal implementation, and reporting back success:
Section 533 – Slow down repeal by adding the service chiefs to the certification process. A thoughtful process is already in place. Repeal must be certified by the President, the Defense Secretary, and the Chairman of the Joint Chiefs of Staff in order for it to go into effect, and even then there is 60-day waiting period prior to the full policy change. These Administration officials are the men tasked with setting military policy. The services chiefs will advise as appropriate, but are ultimately tasked with executing the policies set at the Administration level.
Section 534 – Enshrine DOMA within the military and the DOD civilian corps.DOMA is unconstitutional. The courts agree. So do President Obama and the Attorney General. With DOMA’s future, at the very least, up for review, if not wholly in doubt, it would be foolish to reaffirm it now.
Section 535 – Restrict the right of chaplains and other military and civilian personnel, and the use of DOD property, to perform marriage ceremonies. When DADT repeal takes effect, even if DOMA remains in place, there is no reason why these personnel and facilities shouldn’t be available to same-sex couples whose marriages are recognized at the state level. We wouldn’t force individual chaplains to perform same-sex marriage ceremonies, but we also shouldn’t restrict their ability if they wish to do so.