WASHINGTON – The Defense Department on Thursday declared that “don’t ask, don’t tell” is once again the law of the land but set up a new system that could make it tougher to get thrown out of the military for being openly gay.

Defense Secretary Robert Gates on Thursday ordered that all dismissals under the 1993 law be decided by one of the four service secretaries in consultation with the military’s general counsel and Gates’ personnel chief.

Defense officials said the change was not intended to slow the rate of discharges. In his memo, Gates wrote that the purpose of narrowing those in charge was to “ensure uniformity and care in the enforcement” at a time of “legal uncertainty.”

Still, the move puts the question of who can be dismissed from the service for being openly gay in the hands of just six people — all of them civilian political appointees who work for an administration that thinks the law is unjust. Before Thursday’s order, the dismissal of gay enlisted personnel could be done by any commanding officer at a rank equivalent to a one-star general.

The change follows an eight-day suspension of the ban after a federal judge in California ordered the military to stop enforcing it. An appeals court Wednesday agreed to the administration’s request for a temporary stay of the court order, although that could be overturned within a matter of days.

The legal wrangling has left many gay troops uncertain as to whether they could still be kicked out of the service for speaking up. At the same time, some former service members discharged for being gay have tried to re-enlist, although the fate of their applications remains uncertain.

The Pentagon says it doesn’t know how it will handle any cases of gay troops who may have disclosed their sexual orientation during the law’s moratorium or cases of gay troops who tried to enlist. Officials also say they don’t know how many cases might present a legal challenge.

A senior official said the Pentagon “will evaluate each case, one at a time.”

 

Copy the Story Link