BILL ANALYSIS
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|SENATE RULES COMMITTEE | SJR 9|
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THIRD READING
Bill No: SJR 9
Author: Kehoe (D), et al
Amended: As introduced
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 4-1, 6/23/09
AYES: Correa, Wiggins, Negrete McLeod, Cedillo
NOES: Denham
NO VOTE RECORDED: Maldonado, Wyland
SUBJECT : Military: Dont Ask, Dont Tell policy
SOURCE : Equality California
DIGEST : This resolution urges the Congress and the
President of the United States to adopt the Military
Readiness Enhancement Act of 2009 (H.R. 1283) that
institutes a policy of nondiscrimination based on sexual
orientation, and to repeal the "Don't Ask, Don't Tell"
policy.
ANALYSIS : This resolution contains numerous legislative
findings consisting of statistical data compiled by the
federal government and other entities as it relates to how
this policy has affected the Armed Forces of the United
States and its members. The legislative findings point
out, among other things, that there are at least 24 other
nations, including Great Britain, Australia, Canada, and
Israel, all of whom allow open service by gays and
lesbians.
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California has 27 military bases that 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 California.
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 residents in order to
prevent invidious discrimination. 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".
In 2005 and 2007 the California Senate resolved, and the
Assembly thereof concurred, that the California Legislature
respectfully urged the President and the United States
Congress to adopt the Military Readiness Enhancement Act of
2005 and the Military Readiness Enhancement Act of 2007
(H.R. 1246), respectively, to end the discriminatory policy
of "Don't Ask, Don't Tell".
This resolution urges the President and the Congress of the
United States to adopt the Military Readiness Enhancement
Act of 2009 (H.R. 1283), reintroduced in the 111th Congress
of the United States on March 3, 2009, by a bipartisan
group of 137 cosponsors, to end the discriminatory federal
policy of "Don't Ask, Don't Tell".
Comments
According to the Senate Veterans Affairs Committee
analysis, traditionally homosexuality has been a reason for
discharge from the military services. In 1994
then-President Bill Clinton was looking for a compromise
position between what he had campaigned on in regards to
homosexuality and what he knew would be unpopular with the
general public and the military. The result of this
compromise in regards to the military was a policy of
"Don't ask, don't tell." If the military did not ask if a
service member or potential recruit was homosexual, then
the individual had no need to tell. The policy has been
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twice appealed, including this year, to the United States'
Supreme Court. Both times the court has refused to hear
the appeal.
The debate surrounding the inclusion of homosexuals in the
military has always centered on the subject of unit
cohesion which affects unit readiness.
Critics of the policy maintain that "sexual orientation
diversity causes no detriment to unit cohesion" and that if
anything, the Armed Forces are harmed by the discharge of
otherwise qualified personnel. The question of unit
cohesion is apparently still a divisive question.
The author points out that other industrialized countries
like "Australia, Canada, Germany, Israel, and the UK" do
not have any restrictions regarding this subject.
The Urban Institute estimates that 36,000 active duty
military personnel are homosexual and with guard and
reserve numbers that the number grows to 56,000.
http://www.urban.org/publications/411069.html
Prior/Related Legislation
SJR 11 (Kehoe) Resolution Chapter 108, Statutes of 2005
SJR 6 (Kehoe) Resolution Chapter 63, Statutes of 2007
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/24/09)
Equality California (source)
Alexander Hamilton Post 448
American Veterans for Equal Rights
Anti-Defamation League
City of West Hollywood
Lambda Legal
Log Cabin Republicans
Military Equality Alliance
National Center for Lesbian Rights
San Diego LGBT Community Center
Servicemembers Legal Defense Network
The National Gay and Lesbian Task Force, Inc.
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ARGUMENTS IN SUPPORT : According to the author's office,
"For 15 years, 'Don't Ask, Don't Tell' has eroded our
national security and military preparedness. During this
time, more than 13,000 able and willing servicemembers have
been discharged under the policy, including hundreds who
have served in critical occupations, such as intelligence
officers, language specialists, and medical personnel.
Since President Obama and the 111th Congress was sworn in,
262 gay and lesbian servicemembers have been discharged.
"The Department of Defense's own studies show that sexual
orientation diversity causes no detriment to unit cohesion.
Twenty-four other nations allow gays and lesbians to serve
openly, including Great Britain, Australia, Canada and
Israel.
"Public opinion is changing faster than Congressional
action. The most recent Gallup poll results released
earlier this month show that 69 percent of adults
nationally support allowing gay men and lesbians to serve
openly in the military. It also found that 60 percent of
weekly churchgoers, 58 percent of conservatives (up 12
points from four years ago) and 58 percent of Republicans
now favor allowing gays and lesbians to serve openly in the
military.
"In the face of an increasing federal deficit, continued
war spending and requiring our troops to fulfill longer
tours of duty overseas, it makes no sense for American
taxpayers to have spent approx. $365 million to
investigate, eliminate and replace qualified lesbian and
gay service personnel.
"There are currently an estimated 65,000 gay and lesbian
service members, including guard and reserve members.
These men and women chose to devote their lives to the
service of our nation. Their personal relationships do not
dictate their ability keep Americans safe.
"Prejudice should not dictate policy and discrimination is
not a justification for putting our security at risk. The
cost is simply too high."
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TSM:nl 6/24/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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