The Don't Ask, Don't Tell Repeal Act of 2010 (, ) is a landmark United States federal statute enacted in December 2010 that established a process for ending the "don't ask, don't tell" (DADT) policy (), thus allowing gay, lesbian, and bisexual people to serve openly in the United States Armed Forces. It ended the policy in place since 1993 that allowed them to serve only if they kept their sexual orientation secret and the military did not learn of their sexual orientation, which was controversial.
The Act established a process for ending the "don't ask, don't tell" policy. The Act did not ban discrimination on the basis of sexual orientation in the military, as provided for in the proposed Military Readiness Enhancement Act.
President Barack Obama, Defense Secretary Leon Panetta, and Chairman of the Joint Chiefs of Staff Admiral Mike Mullen provided the certification required by the Act to Congress on July 22, 2011. Implementation of repeal was completed 60 days later, so that DADT was no longer policy .
Provisions According to the Congressional Research Service, the Act:
Background
DADT was controversial from the time it was implemented, but it became increasingly a matter of public debate after 2004. In July 2004, the American Psychological Association issued a statement that "Empirical evidence fails to show that sexual orientation is germane to any aspect of military effectiveness including unit cohesion, morale, recruitment and retention." In February 2005, the Government Accountability Office reported that DADT cost at least $95.4 million for recruiting and at least $95.1 million for training replacements for the 9,488 troops discharged from 1994 through 2003. In December 2006, Zogby International reported that a poll of military personnel conducted in October 2006 found that 26% favored allowing gays and lesbians to serve openly in the military, 37% were opposed, while 37% expressed no preference or were unsure. In 2008, former U.S. Senator Sam Nunn, who had previously blocked plans to lift the ban on gays openly serving the military, showed a shift from his previous political views by endorsing a new Pentagon study to examine the issue of homosexuals serving openly in the military.Says Nunn: It might be time to take another look at 'don't ask, don't tell' , ajc.com; accessed March 12, 2024. At a February 2, 2010 congressional hearing, Senator John McCain read from a letter signed by "over one thousand former general and flag officers". It said: "We firmly believe that this law, which Congress passed to protect good order, discipline and morale in the unique environment of the armed forces, deserves continued support."Joint Chiefs of Staff: "Testimony Regarding DoD 'Dont Ask, Dont Tell' Policy," February 22, 2010 , accessed February 19, 2012
Legislative history The Democratic leadership in both the House and Senate tried to end the "don't ask, don't tell" policy with an amendment to the Defense Authorization bill. On May 27, 2010, on a 234–194 vote, the U.S. House of Representatives approved the Murphy amendment to the National Defense Authorization Act for Fiscal Year 2011. It provided for repeal of the DADT policy and created a process for lifting the policy, including a U.S. Department of Defense study and certification by key officials that the change in policy would not harm military effectiveness, followed by a waiting period of 60 days. On the same day the U.S. Senate Armed Services Committee on a 16–12 vote advanced an identical measure to be included in the Defense Authorization Act. The amended defense bill passed the House on May 28, 2010. On September 21, 2010, John McCain led a successful (56 in favor, 43 opposed) filibuster against the debate on the Defense Authorization Act.
On November 30, 2010, the Department of Defense's Comprehensive Review Working Group (CRWG) on DADT repeal issued its formal report outlining a path to the implementation of repeal of DADT.Department of Defense: "Report of the Comprehensive Review of the Issues Associated with a Repeal of 'Don't Ask, Don't Tell'," November 30, 2010 , accessed January 30, 2012; comprehensive report The report indicated that there was low risk of service disruptions because of repeal of the ban. Gates encouraged Congress to act quickly to repeal the law so that the military could carefully adjust rather than face a court decision requiring it to lift the policy immediately. The United States Senate held two days of hearings on December 2 and 3, 2010, to consider the CRWG report. Defense Secretary Robert Gates, Joint Chiefs Chairman Michael Mullen urged immediate repeal. The heads of the Marine Corps, Army, and Navy all advised against immediate repeal and expressed varied views on its eventual repeal.The New York Times: Elisabeth Bumiller, "Service Chiefs Tell Panel of Risks to 'Don't Ask, Don't Tell' Repeal," December 3, 2010, accessed January 30, 2011
Democrats in Congress quickly scheduled hearings to consider repeal of the law. On December 3, the Joint Chiefs of Staff appeared before the Senate Armed Services Committee to testify about repeal. While the Vice Chairman of the Joint Chiefs of Staff, Chief of Naval Operations, and Commandant of the Coast Guard said repeal would cause minimal disruption, heads of the Army, Air Force, and Marines opposed repeal because it would cause additional stress on combat focused forces during war.
On December 9, 2010, another filibuster prevented debate on the Defense Authorization Act during the lame duck session of Congress. Crossing party lines, Sen. Susan Collins of Maine voted in favor of cloture on the bill and Sen Joe Manchin of West Virginia voted against cloture. Manchin stated that he did not support cloture because he had not yet consulted constituents on the issue, but said that the policy "probably should be repealed in the near future".
On December 9, 2010, in reaction to the failure to open discussion on the Defense Authorization Act, Senators Joe Lieberman and Susan Collins introduced a bill that included the policy-related portions of the Defense Authorization Act that they considered more likely to pass as a stand-alone bill. The Washington Post compared it to a Hail Mary pass. The stand-alone bill was sponsored by Patrick Murphy and passed the House on a vote of 250 to 175 on December 15, 2010.
On December 18, 2010, the Senate voted to end debate on its version of the bill by a cloture vote of 63–33."U.S. Senate Roll Call", U.S. Senate, December 18, 2010. Retrieved December 18, 2010. Prior to the vote, Sen. Lieberman gave the final argument in favor of repealing DADT and Sen. McCain argued against repeal. The final Senate vote was held later that same day, with the measure passing by a vote of 65–31.
U.S. Secretary of Defense Robert Gates released a statement following the vote indicating that the planning for implementation of a policy repeal would begin right away, led by Under Secretary of Defense for Personnel and Readiness Clifford L. Stanley, and would continue until Gates certified that conditions were met for orderly repeal of the policy. President Barack Obama signed the bill into law on December 22, 2010.
Senate roll call
State Senator Party Vote onCloture Vote onRepeal Hawaii Democratic Aye Aye Tennessee Republican No No Wyoming Republican No No Montana Democratic Aye Aye Indiana Democratic Aye Aye Alaska Democratic Aye Aye Colorado Democratic Aye Aye Utah Republican No No New Mexico Democratic Aye Aye Missouri Republican No No California Democratic Aye Aye Ohio Democratic Aye Aye Massachusetts Republican Aye Aye Kansas Republican No No Kentucky RepublicanDid not vote Did not vote North Carolina Republican No Aye Washington Democratic Aye Aye Maryland Democratic Aye Aye Delaware Democratic Aye Aye Pennsylvania Democratic Aye Aye Georgia Republican No No Oklahoma Republican No No Mississippi Republican No No Maine Republican Aye Aye North Dakota Democratic Aye Aye Delaware Democratic Aye Aye Tennessee Republican No No Texas Republican No No Idaho Republican No No South Carolina Republican No No Connecticut Democratic Aye Aye North Dakota Democratic Aye Aye Illinois Democratic Aye Aye Nevada Republican No Aye Wyoming Republican No No Wisconsin Democratic Aye Aye California Democratic Aye Aye Minnesota Democratic Aye Aye New York Democratic Aye Aye South Carolina Republican No No Iowa Republican No No RepublicanDid not vote Did not vote North Carolina Democratic Aye Aye Iowa Democratic Aye Aye Utah RepublicanDid not vote Did not vote Texas Republican No No Oklahoma Republican No No Hawaii Democratic Aye Aye Georgia Republican No No Nebraska Republican No No South Dakota Democratic Aye Aye Massachusetts Democratic Aye Aye Illinois Republican Aye Aye Minnesota Democratic Aye Aye Wisconsin Democratic Aye Aye Arizona Republican No No Louisiana Democratic Aye Aye New Jersey Democratic Aye Aye Vermont Democratic Aye Aye Florida Republican No No Michigan Democratic Aye Aye Connecticut Independent Aye Aye Arkansas Democratic Aye Aye Indiana Republican No No West Virginia Democratic No Did not vote Arizona Republican No No Missouri Democratic Aye Aye Kentucky Republican No No New Jersey Democratic Aye Aye Oregon Democratic Aye Aye Maryland Democratic Aye Aye Alaska Republican Aye Aye Washington Democratic Aye Aye Nebraska Democratic Aye Aye Florida Democratic Aye Aye Arkansas Democratic Aye Aye Rhode Island Democratic Aye Aye Nevada Democratic Aye Aye Idaho Republican No No Kansas Republican No No West Virginia Democratic Aye Aye Vermont Independent Aye Aye New York Democratic Aye Aye Alabama Republican No No New Hampshire Democratic Aye Aye Alabama Republican No No Maine Republican Aye Aye Pennsylvania Democratic Aye Aye Michigan Democratic Aye Aye Montana Democratic Aye Aye South Dakota Republican No No Colorado Democratic Aye Aye New Mexico Democratic Aye Aye Louisiana Republican No No Ohio Republican Aye Aye Virginia Democratic Aye Aye Virginia Democratic Aye Aye Rhode Island Democratic Yes Aye Mississippi Republican No No Oregon Democratic Yes Yes
Implementation Following enactment, the Department of Defense charged a committee led by Clifford Stanley to oversee its implementation. Stanley's committee commissioned a comprehensive review of current policies, the repeal, and whether the new status quo would be consistent with the goals of, in the words of Secretary of Defense Robert Gates, "military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces."
On January 29, 2011, the Pentagon released its plan for implementing the end of DADT. It called for a three-month period of training for all personnel, beginning in the third quarter of 2011. President Obama, Defense Secretary Leon Panetta, and Joint Chiefs of Staff Chairman Adm. Mike Mullen sent Congress the required certification that implementation of repeal would not have negative effect on military readiness and performance on July 22, 2011. Full implementation of the repeal occurred 60 days later on September 20, 2011.
Removal of legal discrimination The repeal of DADT did not alter the language of Article 125 of the Uniform Code of Military Justice, which banned sodomy by service members. This prohibition was removed upon enactment of the National Defense Authorization Act for Fiscal Year 2014.