Noteboom The Law Firm

House Repeals Don’t Ask Don’t Tell

December 16, 2010 - The House of Representatives pass a bill Wednesday repealing the Don't Ask Don't Tell (DADT) law. This has happened before, but that repeal measure was tied to a defense policy bill, and both of those bills got stuck in the Senate. The "stand alone" DADT repeal will now move to the Senate for vote, but there are hurdles to overcome once it gets there.

Multiple Republican Senators have pledged their support for the Don't Ask Don't Tell bill, but they condition that support on completing both the tax and benefits package and a resolution allowing governmental spending. The Republican votes will be necessary for the Don't Ask Don't Tell repeal bill to pass the Senate and avoid a Republican filibuster. Time, however, is of the essence.

The incoming Congress will be more conservative than the current Congress, and the likelihood of the new Congress voting to repeal the Don't Ask Don't Tell law is much lower. Conservative Republicans argued that repealing the law at this point in time would place too much stress on the military to make quick changes, resulting in undue strains on soldiers and resources.

Democrats have accused Republicans for attempting to stall the vote on the Don't Ask Don't Tell bill by dragging their feet in debates on the 2 issues that must be resolved prior to addressing the Don't Ask Don't Tell issue. Should the bill not pass, however, advocates of the repeal have said they would use the court system to challenge the law. Courts could force the military to make rapid changes; something that would not happen by passing the Don't Ask Don't Tell repeal.