[Congressional Record Volume 141, Number 62 (Tuesday, April 4, 1995)]
[House]
[Page H4113]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          GAYS IN THE MILITARY

  (Ms. HARMAN asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. HARMAN. Mr. Speaker, I was encouraged when the U.S. District 
Court for the Eastern District of New York concluded on Thursday that 
the core of the Defense Department's don't-ask, don't-tell policy is 
unconstitutional. Judge Nickerson is right.
  At least twice on this floor in the previous Congress, Mr. Speaker, I 
stated my belief that the ban and the Clinton administration's don't-
ask, don't-tell policy violate the equal protection clause of the 14th 
amendment, the rights of free speech and assembly under the first 
amendment and the ninth amendment right of privacy.
  This debate is still far from over. Over the weekend, Speaker 
Gingrich said the House will again review this policy. He is making a 
mistake on the merits and on the politics. On the merits he is wrong 
because reinstating the ban is unconstitutional. On the politics he is 
wrong because the momentum of the first 100 days will quickly unravel 
as divisive social issues, like the gay ban, abortion rights, and 
school prayer are revisited.
  Mr. Speaker, it is not easy to look the Joint Chiefs in the face and 
tell them how we think they should organize their forces and enforce 
the military chain of command. But it is time to recognize that gays 
and lesbians have always been a part of the military and that they have 
performed their duties with diligence, patriotism, and honor.

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