AFTER ACCUSATIONS OF BACKROOM DEALS HRC FINALLY JOINS ACTIVISTS AGAINST DADT

On May 10th I posted a blog article chastising President Obama for not taking any visible action to end the DADT policy despite overwhelming public support to repeal it and his numerous and clearly stated intentions to do just that when he was elected.

Two days later, on May 12th, I posted another story about the new study published by the Palm Center at the University of California, Santa Barbara, that said the President does, indeed, have the authority to end DADT on his own authority.

The study said that the Commander-In-Chief already has the statutory authority to halt military separations under 10 U.S.C. § 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.”

More importantly, the study also said that the provisions of the "stop-loss" law, which are granted by Congress, give the President authority to "suspend laws relating to separation when a national emergency has strained personnel requirements.” This is something that can be done immediately by the President alone.

So, given the fact that it has been almost a full month since this new information was made public, why hasn't Obama issued that order?

Well, according to a video piece (see below) posted at The Daily Beast by award winning gay journalist Jason Bellini, the Human Rights Campaign (HRC) and other "mainstream" gay rights organizations had reached an agreement with the White House to support delaying action on the DADT repeal until some of the other pressing GLBT rights legislation has been passed. To lend credence to this has been the HRC's somewhat milquetoast efforts to hold the administration's feet to the fire to get this repeal accomplished as promised.

Of course HRC immediately issued a statement denying that any deal was made. But despite that denial, many people in the gay community, especially the newest and youngest activists and activist organizations felt that there might be some truth to the accusation because blogs and websites burned up the internet with condemnations and accusations against HRC for not truly representing the goals of the now more fervent, in-the-street, activist movement.

In response to this growing maelstrom, HRC President Joe Solmonese finally came out and publicly called on President Obama to at least suspend DADT to stop the unwarranted and unwise discharges of sorely needed military personnel.

Gay News Net reported yesterday that when Chris Matthews on MSNBC's Hardball last night asked Solmonese whether he believes Obama has the authority to sign such an order and whether he should do so, Solmonese said, "Yes he can and yes I do." Matthews repeated the question, asking "Do you think he should?" Salmonese confirmed, "Yes I do."

Solmonese also said that Obama should sign the executive order immediately to halt further firings like that of Lt. Dan Choi, a West Point graduate who speaks Arabic. "The president has the opportunity to stop that from happening," Solmonese said. "We've asked him to do that and pressed him to do that and hope that he will."

If, in fact, the HRC did reach some kind of agreement to delay an all-out push for the repeal of DADT, I'm absolutely positive that there were no sinister, underlying motivations. I'm sure that they thought that strategy would be the most effective in securing all of the rights we're seeking. It's possible that they didn't even know about the recently revealed Presidential powers that Obama has to effect this change completely on his own authority.

Whatever reasons were behind HRC's past inaction, I'm glad to see them now using their substantial political capital to pressure Obama to suspend the firings. They're a good organization that has done a whole lot in advancing our causes in towns, cities, states and municipalities throughout the country. So let's not, as the saying goes, "throw the baby out with the bath water."

One thing for sure at this point - it is now almost impossible for the President and his administration to ignore the importance of immediate action on DADT. We're all watching Mr. President.

Below is Jason Bellini's video piece referred to above:

NEW STUDY SAYS OBAMA CAN LEGALLY STOP DADT WITHOUT CONGRESS

In my posting yesterday, I said that President Obama could end, or at least suspend, the DADT policy himself.

Well, imagine my delight this morning when I saw a new study published by the Palm Center, a think tank at the University of California, Santa Barbara, that said the President does, indeed, have the authority to end DADT on his own authority.

In fact, according to the study, the President actually has several options available to him. Here is what the study itself said:

There are three legal bases to the president’s authority, the report says. First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under 10 U.S.C. § 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation” Under the law “the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States” during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”

The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense… in accordance with procedures set forth in such regulation." Finally, the law calls for the discharge of service members “if” a finding of homosexuality is made, but it does not require that such a finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”

Diane H. Mazur, Professor of Law at the University of Florida College of Law and another study co-author, said the presidential authority to stop firing gay troops, known as “stop-loss,” is different from the highly unpopular stop-loss policy that the Army recently announced it would phase out. “That use of stop-loss forcibly extends service by those who wish to leave the military,” she said, “whereas suspending discharges for homosexuality would do the opposite: allow ongoing service by those who wish to remain in uniform.” The study says the provisions of the stop-loss law, which are granted by Congress, are “sensible because they give the President authority to suspend laws relating to separation when a national emergency has strained personnel requirements.”

Mr. President, many of us who were, and still are, among your strongest supporters have been saying since the inauguration that we needed to be patient, that you needed time to settle-in. Well, now that we know, without a doubt, that you CAN do this, even our patience is beginning to wear very thin.

I'm sure you're aware that a healthy majority of your constituents, including military personnel themselves, from generals down to privates, have consistently said in numerous polls and public statements that they support the repeal of DADT. With those polls, the release of this study and the current disarray and even impotence of the right wing republican party, we're finding it more and more difficult to understand why this hasn't happened already. The overriding question we all have in our minds just became -- WHAT ARE YOU WAITING FOR?

Mr. President -- NOW IS THE TIME to stand up and BE the "fierce advocate of equality for gay and lesbian Americans" that you unambiguously promised you would be.