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Pentagon treads carefully in examining 'don't ask, don't tell'

The Pentagon wants a candid discussion within the military about 'don't ask, don't tell.' But some service members are acknowledging they're gay. Under the law, that could lead to a discharge.

By Gordon LuboldStaff writer / March 31, 2010

Bronwen Tomb tells of being discharged from the US Coast Guard for being gay. She spoke at a press conference spotlighting the human impact of the military's 'don't ask, don't tell' policy on Capitol Hill in Washington on March 3.

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As the US military explores what repealing “don’t ask, don’t tell” would look like, it is finding it must walk a fine line between obeying the controversial law and potentially running afoul of it.

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From now until December, the Pentagon is “engaging the force,” in an attempt to determine what service members think about repealing the law that forbids gays and lesbians from serving openly and that President Obama has pledged to scrap. Military officials are also dusting off surveys and other polls used in the early 1990s that likely will be used to assess military attitudes toward gays serving openly.

But as Army Secretary John McHugh is learning now, the military will have to tread carefully as it prepares for potential repeal. Mr. McHugh told reporters Wednesday that he has had conversations with service members who voluntarily told him that they are gay – a technical violation of the current law forbidding service members from disclosing their sexual orientation.

But the only way top military leaders will be able to “take the temperature” of the rank-and-file on the issue is if they can speak candidly with service members, both gay and straight, he said.

A moratorium on discharges

Mr. McHugh, a former Republican congressman from New York, went a step farther, saying there is a “moratorium” on discharging gays or lesbians based on an admission of their sexual orientation for purposes of the review, when members of the “working group” or other military leaders poll them on their views.

“I’ve had men and women in uniform approach me and declare that they were gay and give me their opinion as to how they feel,” McHugh told reporters in Washington Wednesday.

That raises a question as to whether the don’t ask, don’t tell law, first implemented in 1993 after a long and controversial debate begun by President Clinton about gays and lesbians serving openly, will be upheld during this process. The review is due to Defense Secretary Robert Gates Dec. 1. Congress will then take up the issue to determine if the law should be repealed.

A spokeswoman for McHugh said the Army Secretary will abide by the law even though he must be able to conduct candid conversations with service members. The Pentagon’s top lawyer, Jeh Johnson, acknowledged last week that military officials are still trying to figure out how to talk with gay service members, but do it within the law.

“We are also looking at ways to solicit information from gay and lesbian service members, consistent with the law,” Mr. Johnson told reporters last week. “We’re looking at mechanisms for doing that.”

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