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President Barack Obama and Defense Department officials are preparing to provide lesbian and gay service members the space to serve openly without risking expulsion while simultaneously affording them absolutely no legally enforceable anti-discrimination protections once they are visible.
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Sure, they may not be at risk for being discharged after implementation, but they will have no means of sustainable legal recourse if they are discriminated against in any other way (or if the political environment shifts) on the basis of their sexual orientation
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President Obama could make all this go away with an executive order that categorically prohibits discrimination against gay service members. When I asked a White House spokesperson why the president would not issue that mandate, he said on DOD had developed "clear policy guidance"the matter.
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Somehow Obama's assurances that DOD has adopted "policy Guidance" gives me little comfort that LGBT service members will receive full equality. Yes, DADT repeal is a good step, but there's still much to be done.
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