Burning Questions on DADT Repeal

The repeal of "don't ask, don't tell" doesn't put to rest all issues and questions related to serving openly. Gay service members won't have the same access to spousal benefits as their straight peers. And how effective leadership will be in sexual orientation discrimination cases remains to be seen. But that's not all we're wondering about on this historic day. Here's the shortlist of what's been on our minds:

Are military chaplains still barred from officiating at service member same-sex weddings in their official capacities?

Yes. And a few members of Congress are trying to ensure it stays that way.

The controversy began after President Obama signed "don't ask, don't tell" repeal into law but before he formally certified repeal on the recommendation of Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen. In April, the Navy's chief of chaplains, Rear Adm. Mark L. Tidd, wrote in a memo on DADT repeal training that base facilities are "sexual orientation neutral" and that chaplains may perform marriages for same-sex couples if they're "conducted in accordance with the laws of a state which permits same-sex marriage[.]" Of course, the ceremonies must also be "consistent with the tenets of his or her religious organization."

The result? A predictable spate of social conservative aneurysms. "If the administration keeps pounding its agenda through the military, we'll need the Navy SEALs to rescue marriage," the Family Research Council quipped on its blog. The Navy reversed course, with Tidd suspending his guidance pending "additional legal and policy review and inter-Departmental coordination."

A Pentagon spokeswoman told The Advocate on Monday that the guidance remains under legal review, and sources say they don't expect the issue to be revisited anytime soon.

Meanwhile, the House in June passed the annual Defense spending bill with amendments seeking to "affirm" that the Defense of Marriage Act applies to the Defense Department, and to prohibit use of military facilities for same-sex weddings, as well as bar chaplains from performing such ceremonies in their official capacities. The full Senate has yet to consider the bill, though mark-up of its version, completed in June, does not contain such amendments.

Capt. John F. Gundlach, a former colleague of Tidd's who has spoken out in support of the rear admiral's original guidance, said Monday, "I think that among the troops, the end of DADT is not going to be a big problem. Where it's going to be a big problem is with the conservative religious groups who keep stirring the pot with all their claims about their religious freedoms being threatened and how are they going to preach against homosexuality."

(Update: Defense Department general counsel Jeh Johnson addressed the topic following a Tuesday news conference at the Pentagon with Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen. "We are very, very close to having a resolution of that issue, it's something I've been working on myself," he said. Of Tidd's original guidance, Johnson said, "We pulled it back for further legal review and I think we're pretty much done and there should be something issued to the chaplain community and others very soon on that.")

Will John Doe from the DADT lawsuit come forward?

The Log Cabin Republicans has waged a legal war against "don't ask, don't tell" since it filed its landmark lawsuit on October 15, 2004. One member of Log Cabin, known in court proceedings as John Doe, is a lieutenant colonel in the Army who joined the group a month prior to the lawsuit under a pseudonym for fear of retaliation if he became a member under his real name. Log Cabin filed suit on behalf of the service member (and later added a named plaintiff, Alexander Nicholson, as well).

A federal judge ruled DADT unconstitutional more than a year ago, and the case is currently on appeal before the 9^th Circuit Court of Appeals.

R. Clarke Cooper, executive director of Log Cabin Republicans, said he doesn't yet know whether John Doe will reveal his identity on repeal day or afterward, as some high-profile service member advocates have done.

How many service members were ultimately discharged under the policy?

Servicemembers United has the details:

"A grand total of at least 14,346 servicemembers were discharged pursuant to Don't Ask, Don't Tell in the law's nearly 18 years on the books. That final figure, attributable to Servicemembers United, combines the number of discharges reported by the Office of the Secretary of Defense, which obtained the data from the Defense Manpower Data Center, combined with the number of discharges reported by the Department of Homeland Security and the National Guard Bureau for fiscal years 1994 through 2010. One additional discharge was reported by the Department of Defense for fiscal year 2011, which is also included in the above figure."

Will gay service members be comfortable coming out?

That depends on many factors, of course, including where someone is stationed and whom they serve with; but a survey by Outserve of 500 active duty gay and lesbian service members found that 40% of respondents intend to come out to some colleagues post repeal, and 67% of respondents said they anticipated that fellow service members "would treat them 'universally' or 'generally' without discrimination." (The survey is not a random sampling, however; read more on the survey here.)

Wither antigay, anti-repeal advocates?

We wish. That doesn't seem to be the case, however, at least not yet. The Center for Military Readiness -- founded by Elaine Donnelly, perhaps the most frequent anti-DADT repeal voice on the cable news circuit -- has been vocal recently about the end of the policy, calling repeal "a shaky house of cards that is about to collapse."

"Congress has the right to review regulations defining the president's San Francisco military," Donnelly toldWorld Net Daily last week.

With several GOP presidential candidates, including Mitt Romney and Rep. Michele Bachmann, declaring that the ban should never have been lifted, one wonders what influence the group may continue to wield.

Calls to the Center for Military Readiness were not returned.

Who is Outserve's "JD Smith"?

As of 12:01 a.m. this morning, the group's co-director is no longer using a pseudonym and will attend a Tuesday press conference with Democratic senators.

In his own words:

"My name is Josh Seefried and I am a finance officer in the United States Air Force currently stationed in New Jersey. I am a First Lieutenant and I graduated from the United States Air Force Academy in 2009 with a B.S. in Economics. I grew up in Longmont, Colorado.

"I personally felt it was important to come out of the closet on Day 1 to show that sexual orientation in the military will truly be a nonissue. Overseas we have seen that some militaries still do not have people that feel comfortable coming out with their sexual orientation, even years after the policy has changed. I hope that by coming out, along with the other military members who chose to come out publicly in the pages of our magazine, help to show our military was ready for this change.

"I feel privileged and honored to serve during this time in our nation's history. This change in policy has not only made our military stronger, but America stronger. I'm proud to serve in the United States Air Force and proud of the fact gay servicemembers can now do their job with their integrity intact."

What won't repeal change?

Servicemembers Legal Defense Network has a comprehensive guide on policies that are not affected by DADT repeal. Per the legal organization, they include:

Transgender service -- "Don't Ask, Don't Tell" repeal does not change the medical regulatory ban in place for aspiring or current service members who identify as transgender. For detailed information about military policies regarding transgender service, please see the "Transgender Service" section of this Guide.

HIV regulations -- The repeal of "Don't Ask, Don't Tell" does not change the regulatory scheme in place for aspiring or current service members who are HIV-positive. For detailed information about the service policies regarding HIV, see the "HIV/AIDS Regulations" section of this Guide.

The Uniform Code of Military Justice (UCMJ) is the criminal law of the U.S. military. The repeal of DADT does not change any part of that law. All service members, regardless of sexual orientation, are responsible for understanding and complying with all provisions of the UCMJ. There is a risk, however, that those who wish to target gay and lesbian service members may make false allegations or misuse sections of the UCMJ to continue to discriminate against LGB service members. For more information about these rules, see "The UCMJ" section of this Guide.

VA Benefits -- The repeal of "don't ask, don't tell" does not change whether someone is eligible for VA benefits. The VA will continue to determine a service member's eligibility for benefits based on factors such as time served, discharge characterization, and disability rating. For a more thorough discussion of Veterans' Benefits and eligibility requirements, refer to the "Veterans' Benefits" section of this Guide. (Read more here.)