'Don't Ask, Don't Tell' is all but dead

Secretary of State Robert Gates' announcement yesterday that the Pentagon was loosening its enforcement of the military's 'Don't Ask, Don't Tell' policy was really more of a proclamation that the law is all but dead. 

Gates said the Pentagon was taking  “a greater measure of common sense and common decency” in enforcing of the law, as it was intended when it took effect  nearly 17 years ago.  The changes take effect immediately, and show a real commitment on the part of the Pentagon to work with Congress and President Obama to repeal the law.

Among the new rules:

• No more anonymous gay witch hunts.  Parties who accuse a soldier of being gay must do so under oath and pass a strict scrutiny test to assure they are not out to simply cause harm to a service member. 
• Only generals and naval flag officers may initiate fact-finding inquiries when any soldier is accused of being gay.
• Confidential information a soldier provides to a physician, attorney, clergy member, or mental health therapist may not be used for the purpose of identifying a soldier as gay, nor may it be used in a DADT discharge hearing.  This is vitally  important, because most of the time, soldiers only disclose their sexuality when, for example, they are being treated for post-traumatic stress disorder

Under these new restrictions, enforcement of the law will prove extremely difficult, all but certain to reduce or eliminate the number of soldiers who are called for hearings or discharged.

'Don't Ask, Don't Tell' remains law for now, but President Obama , Secretary Gates, and CJCS Michael Mullen have all made it clear they want a repeal.  A bill called the Military Readiness Enhancement Act (MREA) is making its way through Congress now, which would repeal 'Don't Ask, Don't Tell'.  The bill is sponsored by Rep. Patrick Murphy, a former soldier and advocate for LGBT people to serve openly in the military.