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Military scaling back 'don't ask, don't tell'

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By Craig Whitlock and Michael D. Shear
Washington Post Staff Writer
Tuesday, February 2, 2010

President Obama's top defense officials will tell the Senate on Tuesday that the military will no longer aggressively pursue disciplinary action against gay service members whose orientation is revealed against their will by third parties, sources say.

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In testimony before the Senate Armed Services Committee, Defense Secretary Robert M. Gates and Joint Chiefs of Staff Chairman Michael Mullen also are expected to announce the creation of a group to assess how to carry out a full repeal of the decades-old "don't ask, don't tell" policy, which requires gay soldiers to keep their sexual orientation secret.

But Gates and Mullen are also expected to tell senators that it could take years to integrate gay men and lesbians fully into the military, defense officials said. Two appointees will be named to oversee a group that will draw up plans for integrating the armed forces, according to sources familiar with the Pentagon's deliberations on the subject. The planning effort is expected to take up to a year.

Among the issues to be addressed by the group: whether gay soldiers, sailors, airmen and Marines will face any restrictions on exhibiting their sexual orientation on the job; whether the Pentagon will be obligated to provide for their domestic partners; and whether straight military personnel could be compelled to share quarters with gays.

"I don't think anyone is underestimating the seriousness of the issue, or the complexity of it," said a senior military official, who spoke on the condition of anonymity because Gates and Mullen had yet to testify.

The remarks before the committee are part of the administration's effort to follow through on Obama's pledge in last week's State of the Union address to end the policy.

"This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are," Obama said.

Last summer, Gates asked the Pentagon's legal counsel whether the military could ignore allegations made by snitches, civilians or other third parties. Under such a scenario, gay military personnel would face discharge only if they themselves declare their sexual orientation.

Despite persistent objections in some corners, the Pentagon's senior leaders have largely come to terms with Obama's stance on the issue and are operating under the assumption that the law banning gays from serving in the military will be repealed, Pentagon officials said.

But leaders of some gay rights groups said they fear that the Pentagon will drag its heels and insist on a years-long grace period for making any changes.

"I believe Gates and Mullen will announce a protracted process," said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, a District-based group that advocates for an end to "don't ask, don't tell." "Will this just be the old, classic Washington way of doing business?"

Gay rights groups have also complained that the Pentagon is moving too slowly to ease enforcement of the third-party dismissals, noting that Gates asked the Defense Department lawyers for advice last summer but has not acted since then.


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