The American Bar Association — through letters to Congress and the Department of Defense — has joined the ongoing discussion about repealing the statute commonly known as “Don’t Ask Don’t Tell.”
“We opposed enactment of this policy in 1993 as establishing a form of discrimination that was not based on the character of the servicemember’s contribution to the national defense,” say the congressional letters, signed by American Bar Association President Carolyn Lamm. “The harm we foresaw has since come to pass. More than 13,000 men and women have been dismissed from service under the law, among them highly trained specialists like pilots, sharpshooters and translators.”
Lamm said the association has a unique perspective on the law because its wide range of members includes retired and active duty military personnel, military law experts, civil rights leaders and gay and lesbian lawyers.
“While there is no fundamental right to serve in the military, there is no sufficient reason in our view to continue to deprive these men and women of the opportunity to serve their country and to deprive the nation of their talent and skill,” she said.
The letters to Congress conclude by offering legal assistance in crafting a new policy.
The Department of Defense letter, also signed by Lamm, advises Secretary of Defense Robert M. Gates that the ABA is commenting to Congress, and acknowledges “many collateral matters will have to be sorted out upon the implementation of repeal.”
It notes that “we have not solicited the advice or support of active duty servicemembers out of respect for your position that it would be inappropriate for active duty officers to comment on the policy.”
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