The Servicemembers Legal Defense Network (SLDN) keeps holding “briefings” on Capitol Hill, trying to create the illusion of momentum behind legislation to repeal the 1993 law regarding gays in the military.  Next time, they should just bring a straw man labeled “Don’t Ask, Don’t Tell,” and vent their frustrations by beating the stuffing out of it.  I could even join them.  I will continue to support the 1993 law, however, which is frequently mislabeled “Don’t Ask, Don’t Tell.”

On Thursday, March 6, I attended the latest SLDN briefing, similar to one I attended on June 5, 2007.  This time, four retired military panelists spoke in a House Armed Services Committee hearing room in the Rayburn Building.  The three men and one woman told how they had concealed their homosexual conduct while they were in service, or were discharged because they had identified themselves as homosexual.

Repeating claims made at similar SLDN events, the participants claimed that “Don’t Ask, Don’t Tell” “required” them to deceive their fellow servicemembers, superiors, and commanding officers.  Actually, these people were always eligible to serve our country, but they were not eligible to serve in the military.

Inaccuracies and outright misrepresentations about the law in the media have worked to the advantage of gay activist groups.  Seeking sympathy, they demand “repeal” of a policy that Congress considered but rejected as unworkable.  The SLDN briefings and handouts fail to mention that “Don’t Ask, Don’t Tell” is not a statute, requiring congressional action to repeal.  The catch phrase does describe a problematic enforcement policy imposed on the armed forces by former President Bill Clinton, which can (and should) be dropped administratively—no legislation required.

 The law actually passed by Congress in 1993, Section 654, Title 10, allows Clinton’s administrative policy to be lifted by the Secretary of Defense at any time.  There is no ambiguity in the statute, which was passed with veto-proof majorities in both houses and has been upheld as constitutional several times.

The law should have been given its own name; e.g., “The Military Personnel Eligibility Act of 1993.”  Unfortunately, Clinton’s contradictory policy has promoted confusion that benefits advocates of open homosexuality in the military.

One of the Thursday briefing’s panelists, Major General Dennis Laich, USA (Ret.), said that claims by “senior leaders” that “Don’t Ask, Don’t Tell” works are disproven by the numbers of homosexual discharges resulting from it.  This frequently-stated argument is an example of the sophistry behind the notion that current law “requires” deception.

The law is plain:  homosexuals are not eligible for military service.  If homosexual discharges are harming national security, it would be better to reduce them to near zero by eliminating the contradictions inherent in “Don’t Ask, Don’t Tell.”  On one point I agree with the general:  “Don’t Ask, Don’t Tell” should be rescinded.  Once the straw man is out of the way, the Secretary of Defense should fully enforce and improve understanding of current law.