Obama Could Halt Gay DADT Discharges With Executive Order

I have fairly relentless in my calling Barack Obama tio task for his failure to deliver on his campaign promises to LGBT Americans. Indeed, he has seemed more concerned about kissing the asses of his political opponents such as pathological liar Rick Warren (who has a very wide ass) rather than supporting those who helped get him elected. On the issue or the repeal of Don't Ask, Don't Tell, we've seen at lot of theatrical hand wringing at the White House but no action. Indeed, we've seen a lot of disingenuous dancing around the issue so as to avoid action. Now, a new review suggests that Obama could stop the discharge of LGBT troops via executive order but if he gave a damn about the issue. Here are some highlights on a new study which has suggested that Obama could stop discharges if he were engaged on the issue:

*

SANTA BARBARA, CA, May 11, 2009 – A study released today by a team of military law experts shows that the president has the legal authority to end gay discharges with a single order. The idea of ending the ban by executive order has gained momentum in the wake of news that mission-critical personnel, including Arabic language speaker Dan Choi, continue to be fired under the Obama administration because they’re gay. Congressman Rush Holt endorsed an executive order to end the ban on Saturday and National Security Adviser James Jones was asked about it by George Stephanopoulos on Sunday morning. The report, “is sponsored by the Palm Center at the University of California, Santa Barbara. How to End ‘Don’t Ask, Don’t Tell’: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” is sponsored by the Palm Center at the > University of California, Santa Barbara.

*

[A]ccording to the study, Congressional approval is not needed. Dr. Aaron Belkin, Director of the Palm Center and a study co-author, said “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House. This study provides a recipe for breaking through the political deadlock, as well as a roadmap for military leaders once the civilians give the green light.”

*

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.”

*

The report will also be published in a forthcoming book, "Department of Defense Social Policy Perspectives 2010," edited by James Parco, David Levy and Fred Blass.

*

In short, if Obama were disposed to do something about DADT, it appears he could suspend discharges until such time as the legislation was repealed. Unfortunately, other than lip service, Obama does not seem to really give a flip about the discrimination against honorable LGBT members of the military.