Senate committee and House approve compromise on Don't Ask, Don't Tell

The Senate Armed Services Committee voted 16-12 today to pass a compromise that will probably lead to repeal of the prohibition on gays and lesbians serving openly in the military. Susan Collins of Maine was the only Republican to vote for the compromise. Jim Webb of Virginia was the only Democrat to vote against it. I wouldn’t have predicted that Webb would vote no when people like Evan Bayh, Robert Byrd and Ben Nelson voted yes.

This bill appears to have the votes to pass on the Senate floor. Representative Patrick Murphy (an Iraq War veteran) is offering a comparable amendment to the Defense Authorization bill in the House. Technically, it’s not correct to call this a “repeal” of the Don’t Ask, Don’t Tell, because the legislation allows officials at the White House, Pentagon and Joint Chiefs to leave the policy in place. Here’s what will happen if the amendment makes it into the final bill passed by the House and Senate:

When the President signs the Department of Defense Authorization bill into law, DADT will not instantly be repealed. Repeal would take place only after the study group completes its work in December 2010 and after the President, the Joint Chiefs of Staff, and the Secretary of Defense all certify that repeal will not hurt military readiness or unit cohesion.

So, gay and lesbian soldiers will continue to be discharged several months (and perhaps several years) from now. Still, I agree with Adam Bink; this has to be viewed as a “giant step” toward taking Don’t Ask, Don’t Tell off the books. Ideally, Congress would have passed stronger legislation, but I’d rather have them pass this deal now than shoot for something better next year. If Republicans took control of the House or Senate, we’d have no hope of repealing Don’t Ask, Don’t Tell for a long time.

Iowa’s senators don’t have seats on the Armed Services Committee, but Tom Harkin is expected to support repealing Don’t Ask, Don’t Tell. Chuck Grassley opposes moving forward on this issue until the Pentagon has completed its review of the policy, and it sounds like even if the report recommends repeal, Grassley is a likely no vote: “I’m going to be listening to see what it does for readiness and our national security. Because we’ve had the policy in place for 18 years… and it seems to have worked and not affected the readiness.”

Senator, that policy didn’t work so well for “over 13,500 well trained, able-bodied soldiers willing to take a bullet for their country” who have been “kicked out of the military simply because they were gay.”

Share any relevant thoughts in this thread.

UPDATE: The House passed the amendment 234 to 194 tonight, with five Republicans voting yes and 26 Democrats voting no. I will post a link to the roll call when it’s available, but I think all three Iowa Democrats voted yes. Leonard Boswell’s statement on why he supports repealing Don’t Ask, Don’t Tell is after the jump.

UPDATE: Here is the House roll call. Bruce Braley and Dave Loebsack did vote yes, along with most of the Democratic caucus. Tom Latham and Steve King voted no, with almost all the House Republicans.

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Obama orders end to discrimination by hospitals

President Barack Obama has instructed the Health and Human Services department to develop new rules for hospitals that receive Medicare or Medicaid funding.

The memorandum from Obama to HHS Secretary Kathleen Sebelius, made public late Thursday night, orders new rules that would ensure hospitals “respect the rights of patients to designate visitors.”

Obama says the new rules should require that hospitals not deny visitation privileges on the basis of sexual orientation or gender identity.

“Every day, all across America, patients are denied the kindnesses and caring of a loved one at their sides whether in a sudden medical emergency or a prolonged hospital stay,” Obama says in the memo.

Affected, he said, are “gay and lesbian American who are often barred from the bedsides of the partners with whom they may have spent decades of their lives — unable to be there for the person they love, and unable to act as a legal surrogate if their partner is incapacitated.”

Cue conservatives to start whining about “special rights for homosexuals,” as if there is something extraordinary about visiting a loved one in the hospital or granting your life partner power of medical attorney. I’m glad the president took a stand on this issue.

I’m curious to see how the U.S. Conference of Catholic Bishops reacts to this executive order. I don’t know whether Catholic hospitals are more likely to have rules in place preventing visitation by gay or lesbian partners, but I would expect religious conservatives to complain about the government nullifying such rules. I wonder whether there is even grounds to challenge Obama’s order in court, if hospitals could demonstrate that their visitation bans are grounded in religious principles.  

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Panel will study how to end Don't Ask, Don't Tell

During his State of the Union speech last week, President Barack Obama promised, “This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are.” Today the Senate Armed Services Committee held a hearing today on the military’s Don’t Ask, Don’t Tell policy. Admiral Mike Mullen, chairman of the Joint Chiefs of Staff, made headlines by saying he believes “the right thing to do” is to let gays serve openly:

Adm. Mike Mullen’s statement was the strongest yet from the uniformed military on this volatile issue, although he stressed that he was “speaking for myself and myself only.”

He told the Senate Armed Services Committee Tuesday he is deeply troubled by a policy that forces people to “lie about who they are in order to defend their fellow citizens.”

Defense Secretary Robert Gates told the Senate committee he also supports ending Don’t Ask, Don’t Tell. However, he is appointing a panel to study how to lift the ban for a full year, meaning that hundreds more men and women are likely to be discharged under the policy before it goes away. The Obama administration is expected to implement new rules on purging troops under this policy, but it’s not yet clear how much that will reduce the number of discharges while Gates’ panel studies the issue. According to MSNBC, “more than 10,900 troops have been fired under the policy” since 1993, but “The 2009 figure – 428 – was dramatically lower than the 2008 total of 619.”

Meanwhile, at today’s hearing Senator John McCain argued against reviewing the policy at this time, saying it boosts “cohesion” and “unit morale.” He also presented a letter signed by 1000 officers who support Don’t Ask, Don’t Tell.

Come on, McCain. Even a jerk like Joe Lieberman understands why this policy is stupid.

Senate Armed Services Committee Chairman Carl Levin made the case for ending Don’t Ask, Don’t Tell in this piece for the Politico, but it doesn’t sound like he’s in a big hurry:

So there is little reason to continue this policy. But as we proceed, it is vital that we are sensitive to any complications of this policy shift. Change is always hard, especially when it involves social issues or personal beliefs. Lack of care as we proceed might spark opposition from those who could be open to change, and inflame the opposition of those already against it. And I would encourage those who favor change not to mistake deliberation for undue delay.

Point taken, but I am concerned by the timetable Gates is setting with a yearlong study. I hope Congress will act this year, because if Republicans retake the House or the Senate this November, there will be no chance of ditching Don’t Ask, Don’t Tell for the forseeable future.

Daily Kos user TennesseeGurl notes that even if Don’t Ask, Don’t Tell is repealed, LGBT Veterans will still get a raw deal. Unfortunately, I see no realistic path to fixing that problem.

UPDATE: Levin “said an amendment could be added to the must-pass Defense Authorization bill which outlines military policy for the year.” Taking that path would allow the Senate to repeal Don’t Ask, Don’t Tell with a simple majority (as opposed to the 60 votes required to break a Republican filibuster).

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Martin Luther King, Jr. Day thread

President Barack Obama gave a great speech yesterday at the Vermont Avenue Baptist Church on Dr. Martin Luther King Jr’s legacy:


Marc Hansen’s latest column for the Des Moines Register profiles Robert A. Wright, who died last week. Wright

fought in World War II as a first lieutenant, helped integrate the dorms at the University of Iowa, played football for the Hawkeyes, worked as a Des Moines cop, graduated from Drake Law School, become head of the NAACP Iowa-Nebraska Conference and earned the nickname “Mr. Civil Rights.”

So much accomplished, but so much still to be done. Democratic Senate candidate Bob Krause is right to call attention to the shameful disparity in Iowa’s incarceration rates, although solving that problem seems more like a task for state officials than for a U.S. senator. UPDATE: Krause contacted me to point out that “that there is a federal issue in incarcerations. Our neighbors in Minnesota have the same problem at a rate approximate with ours. Disproportionate incarceration falls under the ‘equal protection’ clause of the Constitution.” Point taken.

Speaking of civil rights, it looks like the Obama administration may not push for repealing Don’t Ask, Don’t Tell this year after all. Given likely Republican gains in Congress in 2010, I think prospects for repeal will be dead for a long time if it doesn’t happen soon.

Any comments about today’s holiday or any issues relating to equality are welcome in this thread.

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Jesus would throw them out and marry you

This morning as you read this there are many so called godly Iowans sitting in the pews of their respective churches listening, and participating in, blame and judgment. Compounding fears of the demise of our state, country, and families, because the Iowa Supreme Court upheld rights for all Iowans, not just the ones that meet their criteria.

Hypocrite : a person who puts on a false appearance of virtue or religion

Pharisee:a self-righteous or sanctimonious person

According to the Holy Bible they  use to interpret the laws of our country Jesus would have deemed them Pharisees.

There are many Iowans who are religious and their actions convey their deep level of spirtuality.
Sadly, there were many Iowans this week who showed their hypocrisy and fear based drive to discriminate against one group of people.

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The Iowa Supreme Court will not end the political battle over gay marriage

At 10 am central time this morning, the Iowa Supreme Court will hear oral arguments in Varnum v Brien, a case in which six couples are challenging Iowa’s law declaring that “Only a marriage between a male and female is valid.” Polk County has appealed a district judge’s ruling last year that the statute is unconstitutional. Last night jpmassar published a good overview of the legal issues underlying Judge Robert Hanson’s ruling as well as the county’s defense of the statute. (See also Osorio’s legal primer on the case.)

If you like, you can watch a livestream of the oral arguments at the Iowa Supreme Court’s website as well as at several other media sites. You can download pdf files of the district court ruling and the briefs submitted to the Iowa Supreme Court on appeal here.

My focus in this diary is not the legal arguments, but the political case that will need to be made for marriage equality once the Supreme Court has ruled on Varnum v Brien several months from now. Follow me after the jump for more.

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