Legal Commentary

Like many, I was relieved when President Obama signed a memorandum last week that gives access to some benefits to the same-sex domestic partners of federal employees, and I?m pleased that the White House is drafting guidelines that would ban workplace discrimination for transgender employees of the federal government. 

Which group was excluded from the Presidential memorandum on benefits? The uniformed service.  Military employees are still subject to the policy of Don?t Ask, Don?t Tell.  According to 10 USC Sec. 654(b), ?A member of the armed forces shall be separated from the armed forces  .. . if one or more of the following findings is made . . .
   (1) That the member has engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts unless there are further findings . ..  "(on LEXIS here:). 

Since the Obama administration took office, there have been more than 265 members of the armed services who have been discharged, according to a report that was just released by the Center for American Progress.  I must confess that until I read the report, I had not realized the full extent to which Don?t Ask, Don?t Tell affects the military:  over the past 16 years, more than 13,000 people have been discharged from the military, and thousands more leave each year -- voluntarily.  I could keep on parroting the report, including its 5 recommendations on what to do next to reverse the policy, but I instead urge you to read it for yourselves.