[Congressional Record Volume 156, Number 29 (Wednesday, March 3, 2010)]
[Senate]
[Pages S1022-S1024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself, Mr. Levin, Mr. Udall of Colorado, 
        Mrs. Gillibrand, Mr. Burris, Mr. Bingaman, Mrs. Boxer, Mr. 
        Wyden, Mr. Leahy, Mr. Specter, Mr. Merkley, Mrs. Feinstein, Mr. 
        Franken, and Mr. Cardin):
  S. 3065. A bill to amend title 10, United States Code, to enhance the 
readiness of the Armed Forces by replacing the current policy 
concerning homosexuality in the Armed Forces, referred to as ``Don't 
Ask, Don't Tell'', with a policy of nondiscrimination on the basis of 
sexual orientation; to the Committee on Armed Services.
  Mr. BURRIS. Mr. President, we just had a press conference this 
afternoon with reference to don't ask, don't tell, the action we want 
to take in the Senate for our military people. I would like to make 
some brief remarks in that regard.
  I come to the floor today because I believe in a basic principle, not 
just a political cause. I come to the floor because courage and valor 
are blind to race, religion, philosophy, and sexual orientation. I 
believe every single man and woman who puts on a military uniform is 
equally deserving of our thanks and our respect, and that when we 
dismiss the sacrifices made by those with a different sexual 
orientation, we undermine the strength of our fighting forces. When we 
fail to recognize the brave contributions gay and lesbian soldiers 
continue to make every single day, we diminish ourselves as much as we 
diminish their service. That is why I am pleased to join the following 
colleagues: Chairman Lieberman, Chairman Levin, Senator Gillibrand, 
Senator Udall of Colorado, and Senator Wyden in introducing legislation 
to repeal the military's don't ask, don't tell

[[Page S1023]]

policy, a policy which is discriminatory, outdated, and detrimental to 
our national security.
  Let me start by addressing every service man and woman, to those who 
have served in our Armed Forces in the past. Let's give them a big 
shout out and a big thank-you. This Nation honors the service and 
sacrifice of all our veterans and those who are still serving today. 
Let me say the days of serving in silence--those days are numbered. 
This legislation will recognize that every soldier, sailor, airman, and 
marine is equal to every other warrior, so no one will be forced to lie 
about who they are if they wish to serve this country.
  I know there are some who believe this is too big a change, that it 
is not right and we need to wait. To them I would say it boils down to 
basic fairness. I remind them that the U.S. military has made policy 
changes before and with resounding success. The repeal of don't ask, 
don't tell is not just another vote for me, it is a very personal issue 
of basic fairness. When I was about 6 or 7 years old, I have a vivid 
memory of my family members who went off to war, my uncles and uncles-
in-law and great uncles who chose to go to war and defend our country, 
regardless of the color of their skin or occupation or who they were as 
an individual. That choice defined them as patriots.
  I have never forgotten their patriotism or their commitment to this 
country. But I have also never forgotten that the U.S. military was 
very different in those days. My family members volunteered to protect 
this Nation, but simply because of who they were, they had limited 
opportunities to serve. For all their skill, their talent, their 
intelligence, and their valor, they were forced to choose among two or 
three roles. They were forced to either be a cook or forced to dig 
ditches or forced to drive trucks. The only thing that separated my 
uncles from their brothers in arms was the color of their skin. But in 
those days, some people argued that racial integration would undermine 
the cohesion of our fighting forces. Yet the U.S. military came to 
recognize this was not the case and successive generations proved that 
everyone who volunteered to serve was capable of the same patriotism, 
bravery, and heroism.
  That memory is especially crisp as I stand in this Chamber to bring 
an end to this discriminatory policy that forces our best and brightest 
to be willing to die for our Nation, while denying they are who they 
truly are. This, too, is an issue of basic fairness.
  More than 60 years ago, President Truman recognized the wisdom of 
integrating the Armed Forces. He understood that in so doing, the Armed 
Forces grew stronger and the Nation safer. Today we recognize it is 
time to end don't ask, don't tell. This repeal of don't ask, don't tell 
will allow our servicemembers to live their lives openly, honestly, and 
still fight for the country we all love. So, regardless of sexual 
orientation or race or any other factor, today we stand to say we are 
grateful to the brave patriots who chose to defend our Nation and we 
salute them.
  This is about fairness. This is about more than right versus left or 
Republican versus Democrat. This is about fighting for those who fight 
for us every day. Ending this policy is the fair thing to do, it is the 
right thing to do, and it is long overdue.
  Mrs. FEINSTEIN. Mr. President, I rise to state my strong support for 
the Military Readiness Enhancement Act of 2010, which would repeal the 
``Don't Ask, Don't Tell'' policy in our Armed Forces.
  I am one who believes that the ``Don't Ask, Don't Tell'' policy has 
done more harm than good. The policy has forced American citizens to 
choose between serving their country and being honest about who they 
are; and, even worse, it has led to the discharge of some 13,000 brave 
men and women because their sexual orientation was discovered.
  The criteria for serving in our Armed Forces should be competence, 
courage, and a willingness to serve; not race, gender, or sexual 
orientation.
  The Military Readiness Enhancement Act of 2010 would finally repeal 
``Don't Ask, Don't Tell'' and create a policy of nondiscrimination in 
the military. That is the right thing to do, and I will support this 
legislation every step of the way.
  The Military Readiness Enhancement Act of 2010 would repeal the 1993 
``Don't Ask, Don't Tell'' policy; allow people who were removed under 
``Don't Ask, Don't Tell'' to re-enter the military; establish a policy 
of nondiscrimination in the Armed Forces to prevent discrimination on 
the basis of sexual orientation; and require a Pentagon working group 
established by the Department of Defense to issue recommendations on 
how to implement repeal throughout the military.
  The bill would also require the Secretary of Defense to report to 
Congress 180 days after enactment on what actions are being taken to 
ensure that any school that does not allow a ROTC unit on its campus 
does not receive Federal funds.
  It is important for people to realize that ``Don't Ask, Don't Tell'' 
is not an abstract policy. This policy has had real and harmful effects 
on our military readiness by denying able and willing men and women the 
opportunity to serve, and by requiring the discharge of brave 
individuals who have served courageously and even risked their lives 
for their country.
  Let me give you just a few of the thousands of examples:
  Anthony Woods, of Fairfield, CA, graduated from the U.S. Military 
Academy at West Point and went on to serve two tours of duty in Iraq, 
including in Operation Iraqi Freedom. He earned the Bronze Star and 
Army Commendation Medal, and all 81 soldiers who served under his 
leadership in Iraq returned home safely to the United States. Mr. Woods 
was discharged from the U.S. Army in 2008 because of ``Don't Ask, Don't 
Tell.''
  MAJ Margaret Witt joined the U.S. Air Force in 1987 and served as a 
flight nurse for 18 years. She received numerous awards, including the 
Meritorious Service Metal, Air Medal, and the Air Force Commendation 
Medal. In 2003, President Bush noted in citation that her ``airmanship 
and courage directly contributed to the successful accomplishment of 
important missions under extremely hazardous conditions.'' Major Witt 
was discharged 6 years ago after the Air Force received a tip that she 
was gay. Major Witt has challenged her case in court because, as she 
says, ``I joined the Air Force because I wanted to serve my country. I 
have loved being in the military--my fellow airmen have been my family. 
I am proud of my career and want to continue doing my job. Wounded 
people never asked me about my sexual orientation. They were just glad 
to see me there.'' The case is currently pending before the Ninth U.S. 
Circuit Court of Appeals in San Francisco, CA.
  LT Daniel Choi, originally from Orange County, CA, also graduated 
from the U.S. Military Academy at West Point. He is an Arabic linguist 
and served as an infantry officer in Iraq in 2006 and 2007, but he was 
recommended for discharge from the U.S. Army after announcing last year 
that he was gay. Lieutenant Choi has said that: ``The lessons of 
courage, integrity, honesty and selfless service are some of the most 
important. . . . I refuse to lie to my commanders. I refuse to lie to 
my peers. I refuse to lie to my subordinates. I demand honesty and 
courage from my soldiers. They should demand the same from me.'' The 
New York National Guard has recently indicated that they will allow 
Lieutenant Choi to begin participating in drills with the unit again. 
LTC Paul Fanning, a spokesperson for the New York Guard, has stated: 
``We do not have an issue with it. It's a deeply personal thing. To us 
a soldier is a soldier is a soldier.''
  Veteran U.S. Marine Bob Lehman, of San Diego, CA, served in the gulf 
war in the 1990s and was never dismissed for being gay. He has 
explained that, ``Nobody in my unit knew artillery better than I did, 
including the officers. During combat, the gay thing didn't even exist. 
My biggest fear was bringing my guys home alive.'' However, Mr. Lehman 
has said he believes that the ``Don't Ask, Don't Tell'' policy forces 
U.S. soldiers into a moral dilemma. ``Marines don't lie, cheat or 
steal. It was hard to lie . . . There was a lot of denial and 
depression because of the inability to be out openly, (the fear) that I 
might get fired.''
  Courageous men and women like these should be applauded for their 
service, not discharged for their sexual

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orientation. The Military Readiness Enhancement Act of 2010 would 
ensure that is the case and would require the military to readmit 
anyone who was discharged solely because of their sexual orientation 
and is otherwise willing and able to serve.
  The ``Don't Ask, Don't Tell'' policy has long been a contentious one, 
and I do not state my support for repeal lightly.
  It is absolutely essential that we undertake this project with great 
care, so that repeal of the policy will enhance military readiness and 
the effect will be positive for all of our servicemembers in the field.
  I am confident that we are up to the task of doing so.
  In the last few months alone, high ranking officials from various 
components of the military have come forward to say that repeal is not 
only feasible, it is the right thing to do. For example:
  ADM Mike Mullen, Chairman of the Joint Chiefs of Staff, testified 
before the Senate Armed Services Committee that, ``Speaking for myself 
and myself only, it is my personal belief that allowing gays and 
lesbians to serve openly would be the right thing to do. No matter how 
I look at the issue, I cannot escape being troubled by the fact that we 
have in place a policy which forces young men and women to lie about 
who they are in order to defend their fellow citizens.''
  Secretary of Defense Robert Gates testified at the same hearing that, 
``I fully support the president's decision. The question before us is 
not whether the military prepares to make this change, but how we best 
prepare for it.''
  Secretary of the Navy Ray Mabus has said, ``I support the repeal of 
``Don't Ask, Don't Tell.'' I do think the President has come up with a 
very practical and workable way to do that to work through the working 
group that the Secretary of Defense has set up, to make sure that we 
implement any change in the law that Congress makes in a very 
professional and very smooth manner, and without any negative impacts 
on the force.''
  Retired General Colin Powell issued an official statement expressing 
that ``In the almost 17 years since the ``Don't Ask, Don't Tell'' 
legislation was passed, attitudes and circumstances have changed. I 
fully support the new approach presented to the Senate Armed Services 
Committee this week by Secretary of Defense Gates and Admiral Mullen.''
  These military leaders believe repeal is not only feasible, it is 
right. According to the University of California, military leaders in 
many other countries agree. Twenty-five countries currently have 
policies allowing gay servicemembers to serve openly in their 
militaries, including 15 NATO countries, Australia and Israel.
  This year, Secretary Gates has appointed a Pentagon working group to 
study in great detail how repeal can be implemented in a manner that 
will enhance the readiness and effectiveness of our troops. This group, 
led by Army General Carter Ham and Pentagon General Counsel Jeh 
Johnson, is tasked with engaging troops and their families at all 
levels of the Armed Forces to determine what changes will be necessary 
in regulations, in education and training practices, and in military 
policy to implement a policy of nondiscrimination on the basis of 
sexual orientation in our Armed Forces. The study will be careful, and 
the review will be comprehensive.
  The time has come to repeal ``Don't Ask, Don't Tell.'' I urge my 
colleagues to join me in supporting the Military Readiness Enhancement 
Act of 2010. I am confident that our military will be stronger and 
better when this bill becomes law.
                                 ______