BILL NUMBER: SJR 6 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Kehoe, Corbett, Kuehl, Migden, Romero, and
Torlakson
(Coauthors: Assembly Members Krekorian, Laird, Leno, and
Portantino)
MARCH 20, 2007
Relative to the "Don't Ask, Don't Tell" military policy.
LEGISLATIVE COUNSEL'S DIGEST
SJR 6, as introduced, Kehoe. Military: "Don't Ask, Don't Tell"
policy.
This measure would urge the Congress and the President of the
United States to adopt the Military Readiness Enhancement Act of 2007
(H.R. 1246) that institutes a policy of nondiscrimination based on
sexual orientation, and to repeal the "Don't Ask, Don't Tell" policy.
Fiscal committee: no.
WHEREAS, Since the 1994 codification into law by the United States
Congress, and by the signature of the President, the policy now
known as "Don't Ask, Don't Tell, Don't Pursue, Don't Harass"
(National Defense Authorization Act of 1994 (Public Law 103-160)),
has led to the discharge of a great number of lesbian and gay service
members, thus ending their careers and burdening them with a
lifelong stigma; and
WHEREAS, The capacity of the Armed Forces of the United States to
carry out its missions, like the Global War on Terror, is hindered
when competent and qualified individuals are involuntarily discharged
from those forces; and
WHEREAS, The Armed Forces of the United States have been forced to
retain Reserve and National Guard service members on active duty
past standard deployment lengths in order to carry out its missions
during the Global War on Terror; and
WHEREAS, The ability of the Armed Forces to recruit and retain the
best and brightest Americans is hindered by excluding a section of
the population solely because of sexual orientation; and
WHEREAS, Transgender and transsexual service members are not
specifically banned by "Don't Ask, Don't Tell," which addresses only
issues of sexual orientation, but are nonetheless harmed by "Don't
Ask, Don't Tell," because they are often harassed or accused of being
gay or lesbian on the basis of nongender conforming behavior; and
WHEREAS, Lesbian and gay service members have served honorably
throughout United States history and continue to serve with
distinction on active duty in the Global War on Terror, including in
Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom
in Iraq; and
WHEREAS, These men and women have achieved military honors,
decorations, and promotions to the highest ranks of their respective
services for their valor and service to the people of the United
States; and
WHEREAS, Twenty-four other nations, including Great Britain,
Australia, Canada, and Israel, allow open service by gays and
lesbians; and
WHEREAS, Nine of those nations allowing open service by gays and
lesbians have fought alongside American troops in Operation Iraqi
Freedom, and 12 of those nations allowing open service by gays and
lesbians have fought alongside American troops in Operation Enduring
Freedom; and
WHEREAS, The Department of Homeland Security, the Federal Bureau
of Investigation, the Defense Intelligence Agency, the National
Security Agency, the Central Intelligence Agency, the Secret Service,
and other federal departments handling national security allow their
lesbian, gay, bisexual, and transgender personnel to serve openly;
and
WHEREAS, There are at least 65,000 gay and lesbian service members
on active duty today and another 1,000,000 gay and lesbian veterans
who have served our nation proudly; and
WHEREAS, More than 11,000 service members have been discharged
under the "Don't Ask, Don't Tell" policy, including nearly 800
service members in "critical occupations," such as
counterintelligence experts and medical specialists; and
WHEREAS, According to a Government Accountability Office report,
323 language specialists have been discharged from the military under
the "Don't Ask, Don't Tell" policy, including 55 Arabic and 9 Farsi
translators, vitally important positions to intelligence gathering
and in critical shortage; and
WHEREAS, American taxpayers have paid between $250 million and
$1.2 billion to investigate, eliminate, and replace qualified and
patriotic service members who want to serve their country but are
dismissed because their sexual orientation violates the "Don't Ask,
Don't Tell" policy; and
WHEREAS, Evidence from a study conducted by the Center for the
Study Of Sexual Minorities in the Military suggests that the "Don't
Ask, Don't Tell" policy increases gay troops' stress levels, lowers
their morale, impairs their ability to form trusting bonds with their
peers, restricts their access to medical care, psychological
services, and religious consultations, and limits their ability to
advance professionally and their willingness to join and remain in
the services; and
WHEREAS, Every Department of Defense authorized study has shown
that there is no correlation between sexual orientation and unit
cohesion in the Armed Forces; and
WHEREAS, Public opinion polls have found that the majority of
American citizens support keeping trained and skilled openly gay and
lesbian service members in the military and repealing "Don't Ask, Don'
t Tell"; and
WHEREAS, A 2006 study of the Michael D. Palm Center found that
nearly three in four troops say they are personally comfortable in
the presence of gays and lesbians; and
WHEREAS, The United States military's readiness to protect and
defend our nation is severely compromised because of the
discriminatory "Don't Ask, Don't Tell" policy that is arbitrarily
enforced by commanders whose personal beliefs may influence their
disciplinary action; and
WHEREAS, Discharges under "Don't Ask, Don't Tell" are historically
fewer when troop strength is low, as in times of war, which denotes
the tacit recognition by the military that lesbian and gay service
members are fit and capable of military service, thereby further
illustrating the arbitrary enforcement of this policy; and
WHEREAS, United States military forces cannot afford to lose any
troops who can do their jobs, as evidenced by recent call-ups of the
Army Reserve and the President's recent proposal to escalate the
number of United States troops deployed in Iraq; and
WHEREAS, California has 26 military bases which are home to tens
of thousands of military personnel and their families, and, according
to a 2004 Urban Institute study, an estimated 137,000 gay and
lesbian veterans live in California; and
WHEREAS, The Legislature and courts of the State of California
have extended protections based on sexual orientation and gender
identity that affirm the equality under the law of lesbian, gay,
bisexual, and transgender citizens in order to prevent invidious
discrimination; and
WHEREAS, In 2004 the California Legislature passed, and the
Governor signed, legislation that protects nonfederally recognized
personnel in the California State Militia from the threat of "Don't
Ask, Don't Tell"; and
WHEREAS, In 2005 the California Senate resolved, and the Assembly
thereof concurred, that the California Legislature respectfully urges
the President and the United States Congress to adopt the Military
Readiness Enhancement Act of 2005 (H.R. 1059) to end the
discriminatory policy of "Don't Ask, Don't Tell"; and
WHEREAS, Military readiness is enhanced when every qualified,
capable American, regardless of sexual orientation, is welcomed into
our Armed Forces and has their talents utilized in the best interest
of our national security; now, therefore, be it
Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature of the State of California
respectfully urges the President and the Congress of the United
States to adopt the Military Readiness Enhancement Act of 2007 (H.R.
1246), reintroduced in the 110th Congress of the United States on
February 28, 2007, by a bipartisan group of 109 cosponsors, to end
the discriminatory federal policy of "Don't Ask, Don't Tell"; and be
it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President of the United States, to each Senator
and Representative in the Congress of the United States, and to the
presiding officer of each house of each state legislature of the
several states.