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White House response to letter from 77 members of Congress asking him to act on DADT

You’ll recall that yesterday, 77 members of Congress sent a letter to President Obama calling for him to suspend DADT discharges by changing the policy’s implementation at the Department of Defense (as opposed to executive order). The Advocate sought a response to this letter from the administration. It was, to be charitable, lacking.

“President Obama remains committed to a legislative repeal of Don’t Ask, Don’t Tell, which he believes will provide a durable and lasting solution to this issue. He welcomes the commitment of these members to seeing Congress take action,” read the statement.

As in, the White House isn’t lifting a finger to do anything unilaterally to stop the discharge of valuable, trained service members. No wonder SLDN is not only protesting at the LGBT DNC fundraiser, it will march on the White House on Saturday, June 27.

The Servicemembers Legal Defense Network (SLDN) and its allies will commemorate the 40th anniversary of the Stonewall riots by leading a march of 265 veterans, service members and supporters to the White House 2 p.m. Saturday, June 27, to urge President Obama to break his continued silence on repealing “Don’t Ask, Don’t Tell.” The 265 marchers represent the number of service members discharged this week since the President and the new Congress were sworn in.

‘Don’t Ask, Don’t Tell’ underscores that discrimination against gays and lesbians continues 40 years after the Stonewall riots, and reminds us that many challenges remain in the fight for full equality,” said Aubrey Sarvis, SLDN Executive Director. “Like those who stood up for freedom at the Stonewall Inn in New York City, we will stand up for the freedom to serve. We need to tell President Obama that 265 is enough.”

SLDN has been urging the President to speak up and send a bill (the Military Readiness Enhancement Act) to the Speaker of the House and the Senate Majority Leader that overturns DADT and replaces it with a policy of nondiscrimination.

Meanwhile, the LGBT fundraiser (it is on Thursday), is in complete meltdown, with a long list of drop outs. The Washington Blade.

Tension continued to build over an upcoming LGBT fundraiser for the Democratic National Committee with several gay invitees planning to boycott the event and others planning to attend to voice their frustrations to party leaders.

The latest invitee to withdraw Tuesday from the event was Chuck Wolfe, president of the Gay & Lesbian Victory Fund. An informed source confirmed that Wolfe would not attend.

Below the fold are people who still plan to go—and who spoke to the Blade
.

But Joan Garry, a former executive director of the Gay & Lesbian Alliance Against Defamation, said she’s planning to attend to “carry a message directly to the senior DNC leadership” and say that “the controversy is about more than a group of people withdrawing from a fundraiser and it’s about more than impatience.”

...Brian Fricke, a gay Iraq war veteran and SLDN board member, told the Blade last week he plans to attend the fundraiser even though he was disappointed by the Justice Department brief.

...Peter Rosenstein, a gay Democratic activist in D.C. ... “My concern is that if we tell the Democrats that we are not going to speak to them and just boycott what they’re doing, who are we helping?” he said. “I think we have to speak to the Democrats face-to-face and say how frustrated we are, how upset we are with what’s going on and demand that they do something.”

...Claire Lucas, a lesbian Democratic activist. She’s not on the list of special invitees. She said she “was very disturbed” by the language in the Justice Department brief, but still planned to attend the fundraiser “to continue the dialogue our community is having with our elected officials and DNC staff” on LGBT issues such as same-sex marriage and an Employment Non-Discrimination Act. Lucas also said she planned to attend “to show support for the good acts” that Obama has accomplished in office.

The Blade will have reporters at the event to cover the rapidly decomposing affair.

And the new tally from the DNC Treasuer Andy Tobias’s infamous 10,400-sq.-foot spa” e-blast”:

If you can’t make the date, take a rain check and help anyway?  SUZE ORMAN just signed on that way.  ELIZABETH BIRCH signed on that way.  Lots of others.

If you CAN make the date, you’ll be joining the Vice President of the United States . . .

. . . along with Virginia Governor / DNC Chair Tim Kaine . . . immediate past DNC Chair Howard Dean . . . Chairman Barney Frank . . . Representatives Tammy Baldwin and Jared Polis . . .

Vermont Senate President Pete Shumlin

. . . District of Columbia Mayor Adrian Fenty . . .

David Mixner

. . .

Richard Socarides

 . . .

The Task Force’s Rea Carey

. . .

HRC’s Marty Rouse

. . .

ESPA’s Alan Van Capelle

. . .

GLAD’s Mary Bonauto

. . . NBJC’s Alexander Robinson . . . GMHC’s Marjorie Hill . . .

The Victory Fund’s Chuck Wolfe

. . .

Towle Road’s Andy Towle

. . . Iraq Marine vet Brian Fricke (whom you may have seen on 60 Minutes) . . . Billy Bean . . . Joan Garry . . . Keith Boykin . . . Ray Buckley . . . Brian Johnson . . .

Corey Johnson

. . . Dixon Osburn . . . Paul Smith . . .

Bruce Bastian

. . . Mitchell Gold . . . Krystal Ball . . . and so many others, like YOU, who have been pushing the ball down the field for so long.  (Well, Krystal is fairly new to this, but what a kick to have a pro-marriage CPA triathlete young mom running to unseat a conservative Republican in Virginia.)

It would mean a great deal to have you with us:

http://www.democrats.org/LGBTdinner

Did I mention that the Mandarin Oriental has a 10,400-square-foot spa?

Also passing: The National Stonewall Dems, former Co-Chair of the Obama LGBT Leadership Council during the 2008 campaign, Stampp Corbin; the National Black Justice Coalition said no board members are attending, CNN commentator Hilary Rosen confirmed to me today via email that she is not attending.

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Posted by Pam Spaulding on 10:50 AM • (16) Comments

With rioting in the streets of Iran, and a North Korean nuclear missile likely targeting Oahu right now, could perhaps someone else take the lead in repealing Don’t Ask, Don’t Tell? Because I think Obama’s plate is full.

Nancy Pelosi represents the people of San Francisco—I’m pretty sure she’s qualified to take the lead on any gay rights issue. She doesn’t have to wait for Obama to ask. That so many good people signed a letter to Obama saying, “No, you do something,” is an abdication of leadership.

Comment #1: Hector B.  on  06/24  at  11:20 AM

How is DADT subject to legislative action? I would think any such action would likely be of questionable constitutionality, since the President’s power to set military policy is essentially limitless. The responsibility here lies directly with Obama, not Congress.

Comment #2: Jerry Vinokurov  on  06/24  at  11:31 AM

264.  Wow—that’s a lot. 

No, repeal requires legislative action.  But the President has the power to suspend implementation of the policy which would force the legislature’s hand. 

The fact that there’s a lot going on in the world is precisely what makes this feasible.  The President can sign a piece of paper, perhaps at a ceremony with some decorated gay veterans, give some talking points to Robert Gibbs and place the burden on those in Congress who want to wail that this would weaken our national security.

Comment #3: pennylane  on  06/24  at  11:41 AM

the President has the power to suspend implementation of the policy which would force the legislature’s hand.

This is absolutely true. But this fact has yet to push DADT repeal up the President’s to-do list.

Congress made the law; Congress can change the law, completely on their own.

Comment #4: Hector B.  on  06/24  at  11:46 AM

“Because I think Obama’s plate is full.”

Yeah, but…

The problem with that kind of thinking is there never will be a “good” time to do something controversial but right. 

In 1948, with the Cold War getting seriously under way, with Europe devastated, Truman integrated the armed forces by executive order.  A year later the Russians tested their first atomic bomb, the Korean War started in 1950, etc.

Lyndon Johnson was up to his neck in Vietnam, with anti-war protests getting louder, civil rights marchers facing off against the segregationists, but he still found time to push important civil rights, voting rights, and welfare legislation.  This was also the height of the cold war. 

Things are actually calmer now…

Comment #5: MikeEss  on  06/24  at  12:02 PM

Jerry Vinokurov: You are mistaken.  Article I, Section 8 of the Constitution gives Congress the power “To make Rules for the Government and Regulation of the land and naval Forces.”  Under this authority, Congress passed the Don’t Ask Don’t Tell law in 1993.  While the president probably has the authority to suspend discharges unilaterally, Congress must repeal the ban.  Of course, they won’t do so until the president (with the Pentagon’s backing) tells them to, so you are right to say that ultimately it is presidential leadership that is required.

Pam: Is Dixon Osburn really still planning on attending the DNC fundraiser?  I’m a little surprised.

Comment #6: BABH  on  06/24  at  01:03 PM

I agree with the people who are saying this isn’t Obama’s to fix - it belongs to Congress. It is a law. The confusion follows because the last time the public followed this, it WAS subject to Presidential-only action - which caused Congress to step in and pass the law when Clinton announced that he was going to take exactly that action.

At the same time, people act as though claiming this means anything with regards Obama. Since it is not within his ability to unilaterally repeal it, it follows all the more clearly that “he has too much on his plate” is utter bullshit. All he has to do is issue a statement that he finds the policy reprehensible and urges Congress to repeal it at their first opportunity. That’s what, 30 seconds at any given regularly schedule press conference, followed by periodic repetitions about how Congress needs to take action during subsequent ones.

End of issue.

Comment #7: Lymis  on  06/24  at  01:21 PM

Truman integrated the armed forces by executive order. 

The difference is that black folks were already “openly” in the armed forces. As far as I have been able to verify, black folks have served all throughout our history. Not just black folks passing as white which would be analogous to don’t ask, don’t tell.

This suggests the possibility of an openly gay, separate-but-equal corps as a first step towards integration. The 91st Gay Blades. The gay brigade, or the gay-crewed frigate.

But I have a thought. Get your Congressperson to sign the letter to Obama. Mine already has. When the number reaches 220—when there is a ready made majority—then Obama would have nothing to lose by signing an executive order.

Comment #8: Hector B.  on  06/24  at  01:24 PM

then Obama would have nothing to lose by signing an executive order.

Except the Senate vote.  We really don’t know what the vote count there is right now, though we’ll have a better idea once a companion repeal bill is introduced (probably some time next month).

Comment #9: BABH  on  06/24  at  01:29 PM

Congress made the law; Congress can change the law, completely on their own.

Yes and no.  Congressional Democrats (and Dems in the White House, come to that), are still scared shitless of being labeled “weak on national security.”  They need political cover from the Joint Chiefs, the service Secretaries and the Secretary of Defense.  Ultimately, it’s Obama’s responsibility to deliver their support.  He’s made a very good start by appointing John McHue Secretary of the Army.  Maybe now the Pentagon will actually start to study the question, leading to repeal within two or three years.

I was energized and excited by the possibility of movement on DADT in the first 100 days, and repeal by 2010.  As I come to understand just how much more work needs to be done by our community, my money is now on 2013.

Comment #10: BABH  on  06/24  at  01:44 PM

Yeah, upon doing further research, I sit corrected. Looks like DADT was codified by Congressional action in 1993, rather than being a Presidential directive, which I had always assumed it was.

Comment #11: Jerry Vinokurov  on  06/24  at  01:57 PM

Pam, we may finally agree on one thing, I think they should suspend the DADT policy. It should make no difference what your sexual orientation is, if you want to serve your country! There are plenty of heterosexual men and women that don’t have the courage to serve our country.  If you’re gay and want to serve, I have the utmost respect for you and my full support!!

Comment #12: cookie  on  06/24  at  02:50 PM

cookie:

There are plenty of heterosexual men and women that don’t have the courage to serve our country.

This sentence would have sounded a lot better in the first person.

Comment #13: Dan, Grand High Emperor of Bananas Foster  on  06/24  at  03:17 PM

And we all know how well those Strongly Worded Letters work.
These congress jellyfish* have gerrymandered their districts into life time appointments.  So show some conviction, you useless sea cows**!

*With apologies to any poisonous sea dwelling invertebrates who may feel slighted by comparison to Congress-critters.
** ...and sedentary sea mammals.

Comment #14: cynickal  on  06/24  at  04:04 PM

You can suspend but not indefinitely.  He won’t do it unless Congress appears ready to move in 1-3 months.  I think DADT is ripe to die.  DOMA, probably not quite enough votes yet.

Comment #15: Magis  on  06/24  at  04:31 PM

I was in the wait and give Obama a chance camp, but he has thoroughly fucked us over and the Democrats and their gay kapos will get neither my money or my votes in the coming elections. It may seem counterproductive to allow more conservatards to win elections, but like Obama I’m playing the long game. And at least the conservatives aren’t lying to the gays.

Comment #16: pablo  on  06/24  at  07:25 PM
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