Military Service
On December 22, 2010 the 'Don't Ask, Don't Tell' Repeal Act of 2010 was signed into law.  The bill passed with strong bipartisan support in both the House and Senate, after a relentless lobbying campaign and the policy being ruled unconstitutional in Log Cabin Republicans v. United States.  However, the fight to end 'Don't Ask, Don't Tell' is still not over.

Under the recently-passed law, the military gay ban does not end until 60 days after the President transmits to the congressional defense committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, that a) the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report's proposed plan of action; b) That the Department of Defense has prepared the necessary policies and regulations to implement open service, and c) that the implementation of necessary policies and regulations for open service is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

Until certification, 'Don't Ask, Don't Tell' remains in force, and servicemembers will continue to labor under threat of investigation and discharge.  Also, the 'Don't Ask, Don't Tell' Repeal Act of 2010 specifically does not require that the military provide servicemembers' same-sex partners/spouses with the same benefits provided to heterosexual spouses to avoid conflicting with the federal Defense of Marriage Act.

Because 'Don't Ask, Don't Tell' remains in effect, Log Cabin Republicans has vowed to continue our lawsuit against the policy until the threat of discharge is removed permanently and open service is a reality.  Log Cabin Republicans v. United States was frequently referenced during the debate on legislative repeal as a reason for Congress to act quickly.  President Obama has promised that certification will move 'swiftly,' and it is the intent of Log Cabin Republicans to hold him to his word.  Either the executive branch will implement open service, or the courts will fulfill their constitutional role to uphold the fundamental First and Fifth Amendment rights of gay and lesbian servicemembers.  To support Log Cabin's legal fight against 'Don't Ask, Don't Tell,' support the Defending Freedom Legal Fund today!

For more information about Log Cabin Republicans v. United States, click here.

 Additional Resources:

• Servicemembers United, a non-partisan and non-profit organization whose primary goals are 1) to engage in education and advocacy on issues affecting gay and lesbian troops and veterans; 2) to serve as an associational organization for the gay and lesbian military, veteran, and defense community; 3) to represent the voice of Iraq/Afghanistan-era gay and lesbian troops and veterans; and 4) to forward and inform public debate on the U.S. military’s “Don’t Ask, Don’t Tell” policy.
• OutMilitary, the social networking site for gay and lesbian service members and supporters.
• Servicemembers Legal Defense Network provides legal counsel to individual LGBT service members.