BILL ANALYSIS
SJR 9
Page 1
SENATE THIRD READING
SJR 9 (Kehoe)
As Amended April 29, 2010
Majority vote
SENATE VOTE :23-13
JUDICIARY 6-3
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|Ayes:|Feuer, Brownley, Evans, | | |
| |Jones, Lieu, Monning | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tran, Hagman, Knight | | |
| | | | |
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SUMMARY : Urges the President and Congress to adopt the Military
Readiness Acts of 2009 and 2010 to end the discriminatory
federal policy of "Don't Ask, Don't Tell." Specifically, this
resolution , among other findings, makes the following findings:
1)Since the 1993 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 for Fiscal Year
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.
2)The capacity of the Armed Forces of the United States to carry
out its missions is hindered when competent and qualified
individuals are involuntarily discharged from those forces.
3)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.
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4)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.
5)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.
6)More than 13,000 service members have been discharged under
the "Don't Ask, Don't Tell" policy, including hundreds of
service members in "critical occupations," such as
counterintelligence experts and medical specialists.
7)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.
EXISTING LAW generally prohibits, under the "Don't Ask, Don't
Tell" federal law, anyone from disclosing his or her sexual
orientation, or from speaking about any homosexual
relationships, including marriages or other familial attributes,
while serving in the Armed Forces.
FISCAL EFFECT : None
COMMENTS : This resolution, sponsored by Equality California,
addresses the controversial military policy enacted during the
Clinton presidency called "Don't Ask, Don't Tell." Instituted
in 1994, the "Don't Ask, Don't Tell" policy replaced the
outright ban of gays and lesbians from United States military
service. Unless one of the exceptions under federal law
applies, this discriminatory policy prohibits anyone who has
sexual bodily or romantic contact with a person of the same sex
from serving in the Armed Forces of the United States, and
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prohibits any homosexual or bisexual from disclosing his or her
sexual orientation, or from speaking about any homosexual
relationships, including marriages or other familial attributes,
while serving in the military. The policy also requires that as
long as gay or bisexual men and women in the military hide their
sexual orientation, commanders are not allowed to investigate
their sexuality. This policy was introduced as a compromise
measure in 1993 by President Bill Clinton who, while campaigning
for the Presidency, had promised to allow all citizens
regardless of sexual orientation to serve openly in the
military, a departure from the then complete ban on those who
are not heterosexual. According to the author:
Since [the institution of the "Don't Ask, Don't Tell"
policy], according to the Servicemembers Legal Defense
Network, more than 13,500 LGBT servicemembers have
been fired under this discriminatory policy, including
hundreds who have served in critical occupations, such
as intelligence officers, language specialists, and
medical personnel. More than 100 retired admirals and
generals now support the repeal of this policy. A
recent Gallup poll (2009) shows that even a majority
of conservatives (58%) and Republicans (58%) now favor
repeal. 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 spend millions of
dollars to investigate, eliminate and replace
well-qualified lesbian and gay service personnel.
This resolution urges enactment of H.R. 1283, the Military
Readiness Enhancement Act of 2009 and S. 3065, the Military
Readiness Enhancement Act of 2010 (MREA). According to the
Human Rights Campaign Web site, the MREA would replace "Don't
Ask, Don't Tell" with a policy of non-discrimination: "The
legislation permits the U.S. Armed Forces to prescribe and
enforce conduct regulations as long as they are designed and
applied without regard to sexual orientation. MREA also permits
those discharged under ["Don't Ask, Don't Tell"] to seek to
re-enter the military without consideration of their previous
separation on the basis of sexual orientation. The bill does
not create a private cause of action for damages or require the
military to provide dependent benefits."
The sponsor and proponents state that it is time for the "Don't
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Ask, Don't Tell" policy to be repealed. They note that
"[e]videncing the senselessness of ["Don't Ask, Don't Tell"] are
the Department of Defense's own unanimous studies showing that
sexual orientation diversity causes no detriment to unit
cohesion and the plethora of defense and security related
governmental entities that permit open service, such as the
Secret Service, the Department of Homeland Security, the
National Security Agency, the Federal Bureau of Investigation,
and the Central Intelligence Agency."
In addition, the Servicemembers Legal Defense Network notes on
their Web site that 24 countries allow openly gay service. The
United States and Turkey are the only two original NATO
countries that still have bans in place. The Web site also
notes that studies of the militaries in Australia, Israel, Great
Britain and Canada have shown open service to have no adverse
effect on enrollment or retention.
Another supporter points out that "Since post September 11th
combat operations have ensued in Afghanistan and Iraq,
discharges under "Don't Ask, Don't Tell" have plummeted to their
lowest level since 1994, when this policy was implemented."
(Letter from Alexander Hamilton Post, dated June 12, 2009.)
They add that the drop in the number of discharges "signals the
tacit recognition by the Armed Forces that LGBT service members
can serve both capably and honorably. It should be the policy
of our military to accept all Americans who wish to serve their
country."
Finally, an editorial in the Los Angeles Times notes that while
nearly 13,000 servicemembers have been discharged under the
policy, "The armed forces have spent more than $1.3 billion to
kick them out and to pay for the investigations that justify
their expulsions. Among those who have been discharged are
almost 60 Arabic linguists, weakening our national security in
order to pursue a policy of exclusion." (August 15, 2009.)
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0004022