Military Law

Congress OKs Repeal of 'Don’t Ask, Don’t Tell'; GC’s Plan Has Hypos

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President Obama is expected to sign into law the repeal of “don’t ask, don’t tell” early this week. But there won’t be immediate action implementing the change.

First, three signatures are needed on an order certifying that the military is ready, the New York Times reports. After that, there is a waiting period of 60 days.

Defense Department general counsel Jeh Johnson has already done some advance work, the Times says. He wrote a detailed 87-page plan for carrying out repeal of the rule that had banned openly gay service members from the military. The plan calls for a general ban on separate bathrooms and rooms for gays, but says commanders have the authority to accommodate privacy requests on a case-by-case basis.

Johnson includes several hypotheticals “in a frank, lengthy section at the end of the plan,” the story says. They include: What should commanders do if two service members in civilian clothes are seen kissing and hugging at a shopping mall? How should the commander handle reports that a service member is hanging around a gay bar?

The commander can take corrective action if the mall kissing crosses acceptable boundaries of conduct, just as unacceptable heterosexual displays of affection can be regulated, Johnson writes. And while bars may be placed off limits if they are suspected sites of criminal activity or drug use, they can’t be barred for catering to a gay clientele.

Additional coverage:

Associated Press: “Gay Ban Repealed, but Restrictions Remain”

Washington Post: “For gay rights, is repeal of ‘don’t ask’ military ban the end or the beginning?”

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