New York Times Editorial: Loosening the ‘Don’t Ask’ Shackles

New York Times Editorial: Loosening the ‘Don’t Ask’ Shackles
Copyright by The New York Times
Published: March 25, 2010
http://www.nytimes.com/2010/03/26/opinion/26fri2.html?th=&adxnnl=1&emc=th&adxnnlx=1269619325-isZBrxEWZiFFo2y2XLvbKQ


The Pentagon is taking a major step to ease the discriminatory burdens on gay and lesbian service members by ending the pernicious use of anonymous tips and biased hearsay to drum them from the military.

With the backing of the chairman of the Joint Chiefs of Staff, Defense Secretary Robert Gates laid down enlightened enforcement changes to provide “a greater measure of common sense and common decency” to a military burdened by the onerous and damaging “don’t ask, don’t tell” policy.

The changes, effective immediately, point toward the full repeal of the law that unjustly forces able lesbians and gay men to hide their sexual orientation or be dismissed from serving. More than 13,000 skilled and needed Americans have been driven from the ranks since the law was passed in 1993 in a wrongheaded episode in the culture wars of Congress.

Secretary Gates favors repeal, as does his commander in chief, President Obama, but Congress will have to change the law. In the meantime, he ordered “fairer and more appropriate” enforcement to strike down some blatant injustices. Chief among them is the requirement that third-party complaints about members must henceforth be given under oath. Tighter standards were spelled out for what constitutes a “reliable person” whose accusations can instigate discharge proceedings.

In particular, Mr. Gates promised “special scrutiny on third parties who may be motivated to harm the service member.” This signaled a welcome retreat from the aggressive pursuit of discharge cases against people whose sexuality is disclosed by jilted romantic partners and others with some secret barracks agenda.

To show the brass’s determination behind the new policy, the secretary said that only generals and naval flag officers will be authorized to initiate fact-finding inquiries. He also struck down the outrageous practice of allowing service members’ confidential conversations with lawyers, clergy, physicians and therapists to be used against them in fact-finding inquiries.

The changes are heartening progress toward the day when the American military is the equal of those in Britain, Israel, Canada and other nations where gays serve openly. The repeal of “don’t ask, don’t tell” is favored by a majority of Americans. But with Congress in such turmoil, a considerable push by President Obama is needed to end a shameful era in which gay men and lesbians have been denied standing as patriots defending the nation.