Washington, DC--Congressman Eliot Engel (D-NY) issued the following statement after a California judge ruled on Thursday that the Don’t Ask, Don’t Tell (DADT) policy for the U.S. military is unconstitutional.  Rep. Engel has been a longtime supporter of repealing this rule, which has led to discrimination against LGBT service members.  He voted in favor of legislation in May 2010 which would repeal the policy.  Rep. Engel was also one of 75 House members who in June 2009 asked President Obama to direct the Defense Department to immediately suspend DADT, and work for its repeal. The financial cost of administering “Don’t Ask, Don’t Tell” from 1994-2008 was $555.2 million, according to a study by the Williams Institute. 

“The time is long overdue to let people serve our country regardless of their sexual orientation.  Gay Americans must not be denied the right to serve the country they love, just because of who they are.  They should be given the same rights as others because of who they are – Americans.  Bravery and dedication are not solely possessed by heterosexuals.

“I find it very encouraging to see momentum building towards equal rights for Americans regardless of their sexual orientation.  This week, the ruling came from California that this policy is unconstitutional.  This follows the overturning of the California gay marriage law and the July ruling from Boston that the Defense of Marriage Act is also unconstitutional.  Federal and state governments should not be in the business of denying rights to law-abiding citizens for no good reason. 

“I agree with Judge Virginia Phillips on her DADT ruling when she said, ‘the act's restrictions on speech not only are broader than reasonably necessary to protect the government's substantial interests, but also actually serve to impede military readiness and unit cohesion rather than further these goals.’  It is disgraceful that in the modern era, citizens are unable to be open about who they are while serving their country.  While DADT may have opened some doors when it was first established in 1993, today it is an anachronism reminding us of the discrimination which members of the LGBT community continue to face each and every day.  

According to the Service members Legal Defense Network, more than 13,500 service members have been discharged under DADT since 1994.  This number includes many decorated officers, 54 service members with Arabic training and more than 750 in critical operations.  There are 25 other countries who allow openly gay service members in their armed forces, including Australia, Israel, France, Germany, Italy and the United Kingdom.  In a study by the Palm Center, those 25 countries said there was no overall decline in the effectiveness of the military due to the lifting of the ban on gay service members.

Key current and former high ranking military officials, including Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff, and Generals Colin Powell and John Shalikashvili, both former Chairmen of the Joint Chiefs of Staff, are supporting repeal of Don't Ask, Don't Tell.

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