The U.S. Senate Punts on "Don't Ask, Don't Tell"

Though nearly 80 percent of Americans favor ending "Don't Ask, Don't Tell," the law that currently bans openly gay servicemembers from serving in the U.S. military, the U.S. Senate decided to punt on the issue rather than take a bold step for equality.

A filibuster pushed by Sen. John McCain kept the National Defense Authorization Act (NDAA) from moving forward in the U.S. Senate this afternoon. A legislative repeal of "Don't Ask, Don't Tell" was attached to that measure.

"Today’s Senate vote was a frustrating blow to repeal this horrible law.  We lost because of the political maneuvering dictated by the mid-term elections.  Let’s be clear: Opponents to repealing ‘Don’t Ask, Don’t Tell’ did not have the votes to strike those provisions from the bill.  Instead, they had the votes for delay.  Time is the enemy here," said Aubrey Sarvis, head of Servicemembers Legal Defense Network (SLDN). "We now have no choice but to look to the lame duck session where we’ll have a slim shot. The Senate absolutely must schedule a vote in December when cooler heads and common sense are more likely to prevail once midterm elections are behind us. Servicemembers Legal Defense Network will continue to take this fight to the American people, the vast majority of whom support repeal of ‘Don’t Ask, Don’t Tell.’”

Echoing that point, Sen. Joseph Lieberman noted on the floor of the U.S. Senate this afternoon that despite this vote, the issue is going to come back up after the election. "If for some reason, we don’t get the 60 votes to proceed, this ain’t over," Lieberman said. "We’re going to come back into session in November or December. I spoke to Sen. Reid today. He’s very clear and strong that he’s going to bring this bill to the floor in November or December."

This ain't over. Say those three words again and again, even if this afternoon's news is more than frustrating.

What makes this vote particularly annoying is that in addition to having no Republicans willing to break Sen. John McCain's filibuster, two Democrats joined with McCain to block the vote. Those two Democrats? Sen. Blanche Lincoln and Sen. Mark Pryor, the two folks who represent Arkansas in the U.S. Senate.

That caught many folks by surprise. But again, even though today's vote deals a setback to repealing "Don't Ask, Don't Tell," it doesn't stop the momentum that repeal advocates have built up this past year. That's a viewpoint not lost on the many organizations weighing in this afternoon after the vote.

"Three quarters of Americans support elimination of 'Don't Ask, Don't Tell' because it is unconstitutional, un-American, and un-safe. We had a vote today because millions of Americans made their voices heard, and we will continue to keep the pressure on until this policy is relegated to the dustbin of history where it belongs. This is not a matter of right and left, it's about right and wrong," said Rick Jacobs, the head of the Courage Campaign.

For their part, the Human Rights Campaign (HRC) also weighed in. And in addition to calling out the lack of leadership by the U.S. Senate, they also urged the Attorney General of the United States, Eric Holder, not to appeal a federal court case challenging the constitutionality of "Don't Ask, Don't Tell."

"In its continuing efforts to end the ban on lesbian, gay and bisexual service members, HRC today released a letter to Attorney General Eric Holder calling on him not to appeal a recent court decision ruling DADT unconstitutional.  The case was brought by the Log Cabin Republicans. Additionally, HRC called on its members and supporters to petition Holder to decline to appeal the case," a press release from the organization said.

And they're right. The U.S. Senate failed to act this afternoon. So let's see the Department of Justice step up and provide the moral leadership on the issue of "Don't Ask, Don't Tell" that the U.S. Senate punted on this afternoon.

And GetEqual, for their part, sent out a release calling on President Obama to issue an executive order ending military discharges immediately.

"Today is a disappointing day for everyone who has engaged in this fight over the years -- for Servicemembers Legal Defense Network, Servicemembers United, Outserve, Knights OUT, countless servicemembers who have taken action with us, and the active-duty servicemembers across the globe who are being forced to remain closeted while serving our country. We thank them for their service and we stand steadfast in our commitment to serve them as they have served us," GetEqual writes. "We are calling on President Obama to show the courage and leadership required of the Commander in Chief to unequivocally state that military discharges must end immediately."

And that's probably the most important note to end on; offering a hearty thanks to the 14,000 men and women in uniform who have been kicked out of the military because of their sexual orientation, and the tens of thousands of others who are currently serving in silence or not allowed to enlist. This ain't over, not by a long shot.

Photo credit: U.S. Army