January 24, 2008

SLDN on Clinton's military memory

Posted by: Chris

Aubrey Sarvis, the new executive director of the Servicemembers Legal Defense Network, has responded to my request for comment from the group on Bill Clinton's recent statements mischaracterizing the history and legal effect of his "Don't Ask, Don't Tell" policy on gays in the military.

To recap (my previous posts are here, here and here), the former president erroneously argued while campaigning for Hillary in Nevada that "Don't Ask, Don't Tell" actually allowed gay service members to "freely live their lives" so long as they didn't go in uniform to Gay Pride parades or gay bars. The policy actually allows either, but does not allow a soldier or sailor to "freely live his life" in or out of uniform. Discharge is mandated if a service member comes out to absolutely anyone at anytime, or any engages in any "homosexual acts" -- even holding hands -- no matter how private.

Clinton went on to blame unnamed "anti-gay forces" within the military for abusing the policy after Colin Powell retired in September 1993, while never explaining why as commander in chief for the subsequent seven years he did nothing to address those abuses.

I asked SLDN for comment on Clinton's statement and to explain why the organization, which has fought for repeal of DADT, had said nothing in response. In an email reply, Sarvis had this to say:

As you point out, there were, indeed, some factual inaccuracies in President Clinton’s statement about “Don’t Ask, Don’t Tell.”  Indeed, regardless of the intention behind the law, the reality is that it has not served the best interests of service members, our country or our national security.  Since its implementation, nearly 12,000 men and women have been dismissed under the law.  Since 2001, that number has declined significantly, as it historically does during a time of war.  During the years 1994-2000, a total of 6741 service personnel were dismissed under the law.  Between 2001 and 2006, that total declined to 4988.  Still, an average of two people are fired under the law every day… which is two too many.

President Clinton’s comments also miss a key part of serving under “Don’t Ask, Don’t Tell.”  Military members cannot be out to anyone, at anytime, while serving under the law.  Statements to friends, family members or anyone else are grounds for dismissal from the armed forces, as they have been since day one.  The law, indeed, practically prevents any gay American, who is out in anyway, from serving in the military.  And, as Senator Clinton and the other Democratic presidential candidates have said, the law does not work, and should be repealed.  Our next commander-in-chief should work with Congress to end “Don’t Ask, Don’t Tell.”

SLDN has, of course, made all of the candidates aware of our views on the law, and the reality of serving under it.  In this particular case, we have made sure that Senator Clinton’s campaign is aware of our concerns regarding the president’s remarks.  And, as always, we are committed to making sure that the facts about “Don’t Ask, Don’t Tell,” and the very compelling reasons to support its repeal, are at the forefront of our elected officials’ minds.

Well said, although late and entirely too quietly. One obvious question facing voters who support gay rights is whether Hillary Clinton will follow through on her promise to repeal "Don't Ask, Don't Tell" and half-repeal the Defense of Marriage Act, both signed into law by her husband, the former president.

It's incumbent on SLDN and other gay groups to correct the record when the former president misstates his own record or the legal effect of what he signed into law. SLDN ought to have issued Sarvis' statement as a news release and still should do so.

Tags: Aubrey Sarvis, Bill Clinton, Don't Ask Don't Tell, gays in the military, Hillary Clinton, Servicemembers Legal Defense Network, SLDN