Senate Armed Services Committee Chair Carl Levin (Blade file photo by Michael Key)

A Senate defense panel late Thursday approved major Pentagon budget legislation lacking anti-gay provisions found in the House version of the bill, although questions remain on whether amendments related to same-sex marriage or “Don’t Ask, Don’t Tell” could come up on the Senate floor.

Additionally, the Senate version of the fiscal year 2012 defense authorization bill has language repealing Article 125 of the Uniform Code of Military Justice — the long-standing military law classifying consensual sodomy for both gay and straight service members as a crime.

“Don’t Ask, Don’t Tell” repeal advocates praised the Senate Armed Services Committee for excluding from its legislation the anti-gay language found in the House bill. The committee approved the defense legislation — which provides for a pay raise for troops and funding for defense programs — by unanimous vote on Thursday.

Senate Armed Services Committee Chair Carl Levin (D-Mich.), a leading proponent last year of “Don’t Ask, Don’t Tell” repeal, touted the committee’s passage of the legislation in a statement.

“For the 50th consecutive year, the committee has reported out a bill that supports the men and women of the armed forces and their families and provides them with the resources, training, and equipment they need to accomplish their missions,” Levin said. “In this time of fiscal problems for our nation, I am pleased that we were able to support our troops and their families while finding savings of more than $6 billion.”

Unlike the Senate bill, the House version of the legislation contains language — introduced as an amendment by Rep. Duncan Hunter (R-Calif.) — that would expand the certification needed for repeal to include input from the four military service chiefs. Such language could potentially delay the process for implementing open service, which, under the repeal law signed in December, would come about after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.

Additionally, the House version of the defense authorization bill, passed May 26, has language reaffirming that the Defense of Marriage Act applies to Defense Department policies and regulations as well as language prohibiting same-sex marriage ceremonies from taking place on military bases or military chaplains from presiding over these ceremonies.

During a conference call with media outlets on Friday, Levin said no member of the Senate Armed Services Committee even made an attempt to amend the defense authorization bill with measures related to “Don’t Ask, Don’t Tell” or the Defense of Marriage Act.

Alex Nicholson, executive director of Servicemembers United, said the decision of panel members not to even introduce any anti-gay amendments during consideration of the legislation demonstrates the committee has “remained focused on serious military issues and has refused to waste time and taxpayer money trying to delay or stop the repeal of the ‘Don’t Ask, Don’t Tell’ law.”

“This just goes to show that this debate is settled and that Congress needs to focus on the serious issues of the day instead of being distracted by Congressman Duncan Hunter’s circus sideshow over in the House,” Nicholson said.

Still, even though the Senate Armed Services Committee excluded these anti-gay amendments from the defense bill, they could still emerge as floor amendments when the legislation comes before the full Senate.

With Democrats retaining 53 seats in the Senate, the passage of these anti-gay amendments on the Senate floor would be unlikely. However, opponents of open service and same-sex marriage may want to submit these measure on the floor to force all members of the Senate to go on the record on the issues.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s unaware of any plans to offer anti-gay amendments to the defense authorization bill on the Senate floor.

“However, we are most encouraged by Chairman Levin’s commitment to oppose them,” Sarvis said. “We think a majority on [Senate Armed Services Committee] share the chairman’s opposition, and, hopefully, a majority in the Senate too.”

Advocates are hoping the anti-gay language in the House bill would be stripped from the defense legislation during conference negotiations before it reaches the president’s desk. The White House has said the president opposes these provisions in the House version of the defense authorization bill, but has stopped short of saying he’d veto the legislation over this language.

While the Senate bill contains no anti-gay language, the legislation has a provision that would repeal Article 125 of the Uniform Code of Military Justice, which makes sodomy an offense under military law. The Senate committee included in the repeal language in its version of the defense authorization measure because the Defense Department requested it as a legislative proposal.

Supporters of “Don’t Ask, Don’t Tell” repeal praised the committee for including a repeal of the sodomy ban in the defense legislation. Nicholson said the move would lead to a more modern military.

“By proactively acting to remove Article 125 from the Uniform Code of Military Justice, the Senate Armed Services Committee has also reaffirmed that it is committed to modernizing the U.S. military and its personnel policies, and to removing outdated provisions that have long been viewed as unnecessary and even ridiculous by military commanders on the ground,” Nicholson said.

Sarvis said the decision to repeal the sodomy ban is is “timely and welcomed” and noted an end to ban was among the recommendations of the Pentagon working group report on “Don’t Ask, Don’t Tell” issued in November.

“After a decade of discussions with the House and Senate Armed Services Committees and specific recommendations to the Hill, we welcome the Senate Armed Services Committee’s decision to repeal Article 125 of the Uniform Code of Military Justice (UCMJ) relating to sodomy,” Sarvis said.

Despite the praise for the inclusion of language to repeal the sodomy ban, the statute has rarely been enforced in recent years for private, consensual sex. Experts have earlier told the Washington Blade that nearly all Article 125 prosecutions in recent years have involved additional infractions and violations, such as allegations of rape or sexual harassment or of sexual activity between an officer and a lower-ranking enlisted person.

The House version of the defense legislation doesn’t contain this language because the House Armed Services Committee ignored the request from the Pentagon to change the law. Sarvis expressed optimism that the repeal language for the sodomy ban would remain intact in the legislation following conference discussions between the House and Senate.

“Hopefully, the House conferees will recognize that these recommendations also come from a group of distinguished legal scholars from the military, private practice, and academia who felt strongly about the need for updates to the UCMJ,” Sarvis said. “These much needed changes will be to the benefit of all service members, straight and gay.”

The military service chiefs offered mixed views on “Don’t Ask, Don’t Tell” repeal during Senate testimony on Thursday as they said they had concerns about ending the law, but could implement a change if ordered.

Two the members of the Joint Chiefs of Staff – Vice Chair Gen. James Cartwright and Chief of Naval Operations Adm. Gary Roughead – testified before the Senate Armed Services Committee that Congress should act to repeal ”Don’t Ask, Don’t Tell.” 

Coast Guard Commandant Adm. Robert Papp – not a member of the Joint Chiefs but a witness at the hearing – also endorsed open service.

In comparison to the other service chiefs, Cartwright offered a particularly strong statement encouraging Congress to take action to lift “Don’t Ask, Don’t Tell.”

“My faith in our leadership, from top to bottom, the fair-minded temperament of the American public, and the reputational benefit derived from being a force identified by honesty and inclusivity, rather than concealment causes me to favor repeal of 10 USC 654 and the associated policy known as ‘Don’t Ask, Don’t Tell,’” Cartwright said.

But Army Chief of Staff Gen. George Casey and Marine Corps Gen. Commandant James Amos spoke out against legislative efforts to repeal “Don’t Ask, Don’t Tell.” Air Force Chief of Staff Gen. Norton Schwartz said he wanted full implementation of repeal deferred until 2012. 

Amos, who has previously spoken out against repeal, said he had concern over “Don’t Ask, Don’t Tell” repeal because of several reasons, including combat operations abroad.

“Based on what I know about the very tough fight on the ground in Afghanistan, the almost singular focus of our combat forces as they train up and deploy into theater, the necessary tightly woven culture of those combat forces that we are asking so much of at this time, and finally the direct feedback from the survey, my recommendation is that we should not implement repeal at this time,” Amos said.

The hearing marked the second day in a two-day series of hearings on the Pentagon’s “Don’t Ask, Don’t Tell” report, which was made public earlier this week. During the previous hearing, Chairman of the Joint Chiefs of Staff Adm. Mike Mullen reiterated his belief that gays should be able to serve openly in the U.S. military.

Repeal advocates had been awaiting statements from the service chiefs on “Don’t Ask, Don’t Tell” following the release of the Pentagon report. In May, the service chiefs of the Army, Navy, Air Force and Marine Corps sent a letter to Congress urging lawmakers not to take action until the study was complete.

While the service chiefs had differing views on whether Congress should act to repeal “Don’t Ask, Don’t Tell,” they each expressed concerns to some degree on the implementation of open service.

Roughead expressed unease about how the Pentagon report showed that sailors in irregular warfare specialties, such as the Navy SEALS, expressed greater negativity over the prospects of repeal and a lower propensity to reenlist than other sailors.

“While these effects may not be fully realized, these specialties must be monitored closely to ensure we are positioned and resourced to respond to changes over the long-term,” Roughead said. “We cannot assume these projected retention losses away and we must take into account the past, current and future combat employment of these combat specialties.”

But even the service chiefs who said they opposed repeal expressed confidence in their branch’s ability to implement a change if ordered by Congress.

Casey said if open service in the U.S. military is properly implemented, he doesn’t envision it would prevent the Army from accomplishing its worldwide missions.

“We have a disciplined force and seasoned leaders, who, with appropriate guidance and direction, can oversee the implementation of the repeal with moderate risk to our military effectiveness in the short-term, and moderate risk to our ability to recruit and retain our all-volunteer force over time,” Casey said.

Members of the committee had different interpretations for what the testimony of the service chiefs means for “Don’t Ask, Don’t Tell” repeal in the lame duck session of Congress.

McCain said the differing opinions of the service chiefs demonstrates the need to hold off on legislative action on ending the military’s gay ban.

“I think it’s pretty obvious from the comments made by certainly the chiefs of staff — the service chiefs of the Army, Navy, Air Force and Marine Corps today that there is significantly divided opinion on this issue,” McCain said. “It’s very obvious to me that there is a lot more scrutiny and work involved before passing this legislation.”

McCain said he wants to hear from the senior enlisted personnel who would be training service members on the implementation of open service as well as combatant commanders before Congress takes action.

But Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, noted the chiefs each expressed confidence that they could faithfully execute a new policy if given time to implement a change.

“My conclusion is that really, in the end, all six of you favor repeal of ‘Don’t Ask, Don’t Tell,’” Lieberman said.

Observing the service chiefs concerns about implementation, Lieberman noted that repeal legislation pending before the Senate requires the president, the defense secretary and the chair of the Joint Chiefs of Staff to certify that the military is ready for open service before repeal is fully implemented.

The senator noted Defense Secretary Robert Gates said he wouldn’t certify open service until he felt the service chiefs were comfortable with moving forward. Asked by Lieberman whether they were assuaged by this statement, each of the service chiefs said they comfortable with Gates’ decision on when open service could be implemented.

Sen. Mark Udall (D-Colo.), a strong proponent of repeal, similarly brought out favorable responses for repeal from the service chiefs when he asked each of them if they were comfortable with the certification process and with their ability to implement repeal.

Each of the chiefs said they had confidence in Gates’ decision and their service’s ability to execute the change in law.

“I believe we can implement the policy and will implement the policy with moderate risk to our short-term effectiveness and long-term health of the force,” Casey said.

Alex Nicholson, executive director of Servicemembers United, said he thought the testimony from the service chiefs “actually went better” than what he had expected.

“I think what it really brought out was the point that although the service chiefs and many people may have differing opinions on what they want to happen and varying ways in which they would like to see it go about happening,” Nicholson said. “In the end, they seem to all agree that it’s possible to make it happen and make it happen in a safe and smooth way.”

Sens. John McCain and Jim Inhofe were critical of the 'Don't Ask, Don't Tell" report during the hearing (Blade photo by Michael Key).

Republican senators during a hearing on Thursday attempted to undermine a recently released Pentagon report on “Don’t Ask, Don’t Tell” repeal by questioning the study’s conclusions and methodology.

The GOP senators raised their concerns and criticism during a hearing that marked the first day of two days of scheduled testimony on the Pentagon working group’s report on “Don’t Ask, Don’t Tell,” which was made public earlier this week by the Defense Department.

Pentagon leaders — as well as LGBT advocates — in turn rebuked or attempted to alleviate these concerns from Republican senators.

Testimony came from Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen as well as both co-chairs of the Pentagon working group report: Pentagon general counsel Jeh Johnson and Gen. Carter Ham, commander of U.S. Army Europe.

The witnesses endorsed the Pentagon report and its findings pave a way for the Defense Department to institute a end to “Don’t Ask, Don’t Tell” if Congress repeals the statute. The defense officials urged senators to take action to repeal the law.

In his opening statement, Mullen said the Pentagon report backs his earlier testimony from February in which he said he personally believes gays should serve openly in the U.S. military.

“I am convinced that repeal of the law governing ‘Don’t Ask, Don’t Tell’ is the right thing to do,” Mullen said. “Back in February, when I testified to this sentiment, I also said that I believed the men and women of the armed forces could accomodate such a change. But I did not know it for a fact. Now, I do.”

But Sen. John McCain (R-Ariz.), a leading opponent of “Don’t Ask, Don’t Tell” repeal in the Senate, attempted to poke holes in the report during the hearing.

One of the Arizona senator’s main concerns was that the surveys sent out to 400,000 service members as part of the report – which were returned by about 115,000 respondents – didn’t ask troops whether they favored a change in “Don’t Ask, Don’t Tell” and instead focused on an implementation of repeal.

“What I want to know and what it is that Congress is going to be determining is not can our armed forces implement a repeal of this law, but whether the law should be repealed,” McCain said. “Unfortunately, that key issue was not the focus of the study.”

McCain also argued that the limited number of troops who responded to the survey — around 28 percent — brings the results into question.

“That’s almost six percent of the force at large,” McCain said. “I find it hard to view that that is a fully representative sample set.”

Sen. Scott Brown (R-Mass.) also expressed concerns about the return rate on the surveys and recalled troops’ reaction in May when Congress had taken the initial steps to repeal “Don’t Ask, Don’t Tell” before the questionnaire was distributed.

“Halfway through the process when we took certain actions, they felt it was a done deal and as a result they didn’t participate in the survey,” Brown said. “Twenty-eight percent does not seem like a high number of participation.”

But Ham said the 28 percent response rate is well within the norm for previous surveys for military personnel.

“I’m comfortable that the response rate overall is within norms and probably more importantly, senator, that each category that can be analyzed has a statistically significant number of responses,” Ham said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, later rebuked the McCain’s point that service members should be polled on whether they want to repeal ”Don’t Ask, Don’t Tell.”

“That would be a dangerous precedent to set irrespective of how you feel about ‘Don’t Ask, Don’t Tell,’” Sarvis said. “That has never been done on any major personnel policy initiative that the military has undertaken. Never.”

Sarvis also pushed back on claims that 28 percent response rate on the survey was insufficient as he maintained the number represented “an extraordinary response rate.”

“As a matter of fact, I think … most pollsters would gratified by such a response,” Sarvis said.

Sen. Susan Collins (R-Maine) said during her questioning that although the direct question isn’t directly asked, the survey does have information on whether troops would support a repeal of “Don’t Ask, Don’t Tell.”

“Given the extensive feedback that the authors of the report and the task force did and that they received from tens of thousands of service members in the forms of survey responses, e-mails, and town hall meetings, the report, in fact, does convey a sense of what service members think about repeal of the law, even if a direct question was not included in the survey,” Collins said.

The Maine senator voted for a “Don’t Ask, Don’t Tell” repeal amendment when it before the committee in May, but angered many LGBT advocates in September when she voted with the Republican caucus to prevent “Don’t Ask, Don’t Tell” legislation from coming to the Senate floor over what she said was a lack of a fair amendment process.

While attacking the methodology of the report, McCain also used information in the study in his effort to derail legislative efforts to repeal “Don’t Ask, Don’t Tell.”

The Arizona senator noted the survey accompanying the report found that between 40 to 60 percent of service members serving in the Marine Corps as well as combat arms specialties predicted a negative impact of repeal.

“I remain concerned as I have in the past — and is demonstrated in this study — that the closer we get to service members in combat, the more we encounter concerns about whether ‘Don’t Ask, Don’t Tell’ should be repealed and what impact that would have on the ability of these units to perform their mission,” McCain said.

During the hearing, Gates predicted this opposition could be overcome. The defense secretary said with “proper time for preparation, for training” concerns among these groups would be mitigated.

For the example of Marines in combat arms specialties, Gates noted that many of these service members are under 25 years old.

“Most of them have never served with women either, and so they’ve had a very focused, very limited experience in the military … but I think that with time and adequate preparation, we can mitigate their concerns,” Gates said.

McCain also noted that 12.6 percent of survey responders — which he said translates into 264,600 service members — said they’d leave the U.S. military sooner than they had planned if “Don’t Ask, Don’t Tell” is repealed.

Sen. James  Inhofe (R-Okla.) also expressed concerns about the effect of lifting “Don’t Ask, Don’t Tell” on what he said is historic levels of retention in the U.S. military as he said, “If it ain’t broke, don’t fix it.”

“Right now, we have probably the best retention and recruitment percentages, over 100 percent, in everywhere except, I think, just the Army guard, and there’s other reasons for that,” Inhofe said. “There is some concern to me about how this would affect that.”

Gates said the experience of foreign militaries who have lifted their gay ban has been that number of people who actually quite the force was “far smaller” than those who threatened to leave.

“As far as the force as a whole, I don’t think any of us expect that the numbers would be anything like what the survey suggests,” Gates said.

Gates also noted the service members couldn’t immediately leave the armed services because they’re contractually obligated to continue to duration of their service.

At the start of the hearing, when Senate Armed Services Committee Chair Carl Levin (D-Mich.) said each committee member would have five minutes for questioning, McCain objected and said if only that time was allowed, another hearing would be necessary.

Gates said he could extend the time he could testify before the committee for another half-hour, and Levin extended the questioning time for senator to six minutes each.

Notably, after complaining that five minutes wasn’t enough time to question Gates, McCain used some of his time to question Pentagon leaders about the impact of the leaked information regarding U.S. foreign policy on Wikileaks.

Some of the strongest support for repealing “Don’t Ask, Don’t Tell” during the hearing came from conservative Democrats who are known for often riling their party’s base, including Sen. Ben Nelson (D-Neb.).

“To me, the issue seems to be not whether to allow gays to serve in the military, but whether to allow them to serve openly,” Nelson said. “Permitting them to serve, but not openly, undermines the basic values of the military: honesty, integrity and trust. When that’s undermined anywhere, it’s undermined everywhere.”

Sen. Jim Webb (D-Va.), who has heretofore opposed repeal efforts, praised the report and disputed assertations from Republicans that the study and survey wasn’t useful as a guide to repeal.

“It’s a 345-page report, 115,000 respondents, and, most importantly, this was done without politicizing men and women in uniform, which is vitally important in our society,” Webb said. “I would like to say that this report is probably the most crucial piece of information that we have in terms of really, objectively moving forward in order to address the law.”

Defense Secretary Robert Gates is set to testify next week on "Don't Ask, Don't Tell." (Washington Blade photo by Michael Key)

The Senate Armed Services Committee on Wednesday announced two days of hearings next week on “Don’t Ask, Don’t Tell” that are set to include testimony from Defense Secretary Robert Gates and all members of the Joint Chiefs of Staff. 

In a notice, the committee announced it would hold hearings on Dec. 2 and Dec. 3. regarding the Pentagon’s “Don’t Ask, Don’t Tell” working group report, which is now scheduled for release on Tuesday. The hearings on both days are set to take place in Room SD-G50 of the Dirksen Senate Office Building and are scheduled to begin at 9 am. 

For the Dec. 2 hearing, the witnesses are set to include Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen as well as the co-chairs of the Pentagon working group: Jeh Johnson, the Pentagon’s general counsel, and Gen. Carter Ham, commander of U.S. Army Europe. 

In February testimony before the committee, Mullen has said he supports allowing openly gay people to serve in the U.S. military. Gates has already told reporters that he wants Congress to repeal “Don’t Ask, Don’t Tell.” 

On Dec. 3, the committee is set to hear testimony from Vice-Chair of the Joint Chiefs of Staff Marine Corps Gen. James Cartwright and the military service chiefs: Army Chief of Staff Gen. George W. Casey; Chief of Naval Operations Adm. Gary Roughead; Marine Corps Gen. James Amos; and Air Force Chief of Staff General Norton Schwartz. 

In May, the military service chiefs sent a letter to Congress asking lawmakers to hold off on legislative action on “Don’t Ask, Don’t Tell” until the Pentagon report is complete. 

Both Roughead and Schwartz have since praised the Pentagon report, and Roughead has said he’s eager to see what happens on Capitol Hill as a result of the findings. Amos has said he continues to oppose “Don’t Ask, Don’t Tell” repeal. 

On Monday, Senate Armed Services Committee Chair Carl Levin (D-Mich.) said he thinks holding hearings on the report would “be a boost” to repealing “Don’t Ask, Don’t Tell” in the lame duck session of Congress. 

Alex Nicholson, executive director of Servicemembers United, said he generally agrees with Levin that hearings would be beneficial to repeal efforts, but expressed concern about hearing testimony over a two-day period.

“We’re in a period now where literally every day counts,” Nicholson said. “If they’re holding hearings on Friday, that, I think, runs the risk of bumping off the motion to reconsider until Monday of the following week, which would be a strain on the calendar.”

CORRECTION: An earlier version of this article incorrectly stated that Pentagon report would be set for release on Monday.

A co-chair of the Pentagon’s “Don’t Ask, Don’t Tell” working group has said he doesn’t think an upcoming report on implementing repeal will be complete before the Dec. 1 deadline — despite requests from lawmakers and LGBT advocates to make the study available earlier.

Army Gen. Carter Ham, one of two co-chairs leading the Defense Department working group, made the remarks during his confirmation hearing on Thursday before the Senate Armed Services Committee. The four-star general has been nominated to become commander of U.S. Africa Command.

During the hearing, Senate Armed Services Committee Chair Carl Levin (D-Mich.) noted Ham said prior to his testimony he wasn’t authorized to discuss the content of the report at this time. The committee chair reiterated his commitment to hold hearings and hear testimony from Ham shortly after the working group provides the report to Defense Secretary Robert Gates.

Still, Levin said he had questions about the timing of the report and asked whether the Pentagon working group, which Ham co-chairs along with Pentagon general counsel Jeh Johnson, would be finished with its study before the Dec. 1 deadline.

Ham replied that he thinks “it will take until the first of December” for the Pentagon working group to complete its work because those crafting the report are still awaiting input from the military service secretaries and service chiefs.

“The key factor remaining for us in the review group is to receive the review and comment by the service chiefs and service secretaries, which is ongoing,” Ham said. “We anticipate their comments soon, Mr. Johnson and I will review those comments, make final adjustments to the report, which is currently in draft form and then deliver to the secretary of defense on 1 December.”

Asked by Levin whether the group could make “every effort” to make the report available before Dec. 1, Ham replied, “Yes sir, in consultation with the secretary’s office.”

On Monday, Sens. Joseph Lieberman (I-Conn.) and Susan Collins (R-Maine) sent a letter to the Pentagon asking for the release of the report ”as soon as possible.” The Human Rights Campaign issued a similar statement on the report last week and argued that an early release of the report could influence fence-sitting senators who have yet to endorse “Don’t Ask, Don’t Tell” repeal.

Also during the hearing, Sen. John McCain (R-Ariz.), a strong opponent of “Don’t Ask, Don’t Tell” repeal and critic of the Pentagon report, asked questions suggesting the survey that was conducted as part of the working group’s efforts was biased in favor of repeal.

Over the summer, the Pentagon sent out 400,000 surveys to active duty service members to solicit their views on serving alongside openly gay troops in the U.S. military. According to a recent media report in the Washington Post, the survey found that more than 70 percent of respondents think the effect of ending “Don’t Ask, Don’t Tell” would be positive, mixed or nonexistent.

McCain asked whether 400,000 surveys were indeed sent out, which Ham confirmed, and then asked how many responses were received. Ham said the Pentagon group received a little more than 115,000 responses.

“Like 25 percent?” McCain continued, suggesting that the response rate was too low to consider the data valid.

But Ham corrected the Arizona senator and said the received responses made up 28 percent of the surveys sent out.

McCain also asked questions about the wording of the survey and suggested bias in favor of repeal was present here as well.

“Isn’t it true that the survey said in a preamble — said DOD is considering changes to the ‘Don’t Ask, Don’t Tell’ policy that quote ‘would allow gay and lesbian service members to serve in the military without risk of separation because of their sexual orientation,’” McCain said. “Is that true?”

Ham confirmed that this wording was indeed part of the preamble for the survey.

The content of recent media reports about the upcoming report was also discussed during the hearing. Lieberman asked whether the information revealed by the leaks was “just one part” of what the Pentagon group intended to do and inquired about other information that would emerge.

Ham responded by outlining the terms of reference for the report and said there were “two tasks.” One was to assess the impact of repeal on concerns such as battle effectiveness and recruitment, and the other was to develop a plan to implement an end to “Don’t Ask, Don’t Tell.”

The general noted the working group obtained information from service members through surveys, focus groups, an online inbox and town hall meetings. To obtain to views of gay service memebers currently in the armed forces without outing them under “Don’t Ask, Don’t Tell,” Ham said the working group established a “confidential conversation mechanism” through a third-party company.

“All in all, senator, we believe this is probably, as far as I could tell, the most comprehensive assessment of a personnel policy matter that the Department of Defense has conducted,” Ham concluded.

Lieberman said he agrees that the report is “very comprehensive” and “should inform the decision that Congress makes in voting.”

Sen. Jim Webb (D-Va.), who in May opposed a repeal amendment in committee, also praised the report during the hearing and emphasized it should guide congressional action on the issue.

“I think it’s important, if I may, to quote from what Sen. Lieberman just said,” Webb said. “He said this study ‘should inform the decision that the Congress makes in voting.’ We tend to forget that in our political haste here. This is a very important study for us, not simply to receive, but to examine and to discuss.”

A former Navy secretary, Webb noted he spent five years at the Pentagon and said he “can’t remember a study on this type of issue that has been done with this sort of care.”

“Not even having seen it or knowing the results, but I know the preparation that went into it,” Webb said. “So it’s going to be a very important study for us to look at and examine.”

U.S. Sen. Joe Lieberman said 'Don't Ask, Don't Tell' will come back if it's unsuccessful today. (Blade photo by Michael Key)

Sen. Joseph Lieberman (I-Conn.) said he’s received assurances from Democratic leadership that major defense legislation containing “Don’t Ask, Don’t Tell” repeal would come again after Election Day if cloture isn’t invoked Tuesday.

“If for some reason, we don’t get the 60 votes to proceed, this ain’t over,” Lieberman said. “We’re going to come back into session in November or December. I spoke to Sen. Reid today. He’s very clear and strong that he’s going to bring this bill to the floor in November or December.”

Lieberman said he’s “not optimistic” about the upcoming cloture vote. Still, he urged other senators to come on board today and said the fiscal year 2011 defense authorization bill is a “critical piece of legislation.”

“The fact that our colleagues would be having on the Senate floor this debate about to vote to proceed to take up the National Defense Authorization Act, to me, is unbelievable,” Lieberman said.

Lieberman said moving forward with the defense legislation should be a “no-brainer” because of the funding provided in the bill for U.S. service members.

He also defended the “Don’t Ask, Don’t Tell” language in the bill and said he doesn’t think opponents of repeal have the votes to strip it out if the legislation comes to the floor.

“I don’t believe that the opponents of the repeal of ‘Don’t Ask, Don’t Tell’ have enough votes to take that repeal out of this legislation,” he said. “Maybe that’s why they’re fighting so hard to stop this legislation from coming up.”

Provided all 59 Democrats vote in favor of moving forward with the defense legislation, at least one Republican vote is necessary to reach the 60-vote threshold to end the filibuster on the legislation.

However, GOP leaders are reportedly telling its caucus to vote against cloture because of limitations on amendments that Democratic leadership will allow on the floor.

Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed on the defense authorization bill: a measure stripping the legislation of its “Don’t Ask, Don’t Tell” repeal language; a measure attaching the DREAM Act, an immigration-related bill, to the legislation; and a measure addressing the “secret holds” senators can place on presidential nominees.

During a news conference, Assistant Majority Leader Richard Durbin (D-Ill.) also said the Republicans would be at fault if cloture isn’t invoked on the defense authorization bill on Tuesday.

“What would be unprecedented is if Republicans block the Senate from passing the defense authorization bill for the first time since 1952,” Durbin said.

Asked by the Blade about what Democratic leadership is doing to negotiate with Republicans over the cloture vote, Durbin replied, “We’re trying.”

Durbin said the initial three amendments would come up on the defense authorization bill first, which would be followed by a “discussion as to what further amendments would be considered.”

“I don’t think Sen. Reid has ruled that out,” Durbin said. “What he has said is that the first three amendments are the first amendments. … Beyond that, Sen. Reid would be open for negotiation for a unanimous consent request.”

Pressed on whether he thinks any GOP senators would vote for cloture on Tuesday as a result of negotiations with Republicans, Durbin replied, “I don’t know at this point.”

Lieberman expressed confidence in Reid’s negotiations on the legislation. Asked by the Blade whether he thinks Reid is doing everything he can to bring Republicans on board for the cloture vote, the senator replied, “I do.”

The Connecticut senator said finishing work on the defense authorization bill would require another cloture vote and Republicans would have the opportunity to offer amendments before that motion to proceed.

“If, for some reason, Sen. Reid decides to bring the defense bill to a final vote before any other amendments are put in, our Republican colleagues — and I would guess, some Democrats — would not vote for cloture at that point,” Lieberman said. “So, they have the final say.”

During a news conference, Joe Solmonese, Human Rights Campaign president, praised Reid for leading the way on “Don’t Ask, Don’t Tell” repeal.

“I can think of no elected official who has the tenacity, and, quite frankly, the quiet determination of Sen. Reid,” Solmonese said. “His tremendous leadership is the reason that we are here today going to this historic vote. And it is his resolve and his persistence that will be the reason that I am confident that we ultimately succeed in repealing ‘Don’t Ask, Don’t Tell.’”

Chances for a successful vote for cloture seemed to fade when Sen. George Voinovich (R-Ohio) issued a statement that he was reluctant to support a vote for cloture on the defense authorization bill.

“If the Democrats are serious about getting this bill passed, Leader Reid should sit down with Minority Leader Mitch McConnell and work out the amendment process,” Voinovich said. “Unless that is done, I will not support cloture on the motion to proceed to this bill.”

Regarding “Don’t Ask, Don’t Tell” repeal, Voinovich said it would be “logical” to wait for the Pentagon working group to complete its study on implementing repeal, which is due Dec. 1.

“At this point there is no reason to rush to judgment for political expediency until we hear from our military leaders as to whether they think it is a good idea to change this policy,” he said. “I will carefully study this determination when it is completed.”

Also present at the news conference to promote “Don’t Ask, Don’t Tell” repeal was Eric Alva, who’s gay and the first U.S. service member wounded in Operation Iraqi Freedom.

Mike Almy, a gay former Air Force communications officer discharged under “Don’t Ask, Don’t Tell” was also at the conference and said he was representing the Servicemembers Legal Defense Network.

In a related development, the White House today issued a Statement of Administration Policy on the Senate version of the bill approving of provisions in the legislation and calling for its passage.

The statements are intended to provide guidance to members of Congress on how to vote and how to handle major pieces of legislation.

According to a copy of the statement obtained in advance by the Blade, the Obama administration “supports Senate passage of S. 3454, the National Defense Authorization Act for Fiscal Year 2011.”

“The Administration appreciates the Senate Armed Services Committee’s continued support of our national defense, including, among other things, its support for the Department’s topline budget requests for both the base budget requests for both the base budget and for overseas contingency operations,” the statement reads.

The statement makes special note of the “Don’t Ask, Don’t Tell” repeal language in the legislation under the heading, “Policy Concerning Homosexuality in the Armed Forces.”

“The Administration supports section 591 as it would allow for completion of the Comprehensive Review, enable the Department of Defense to assess the results of the review, and ensure that the implementation of the repeal is consistent with the standards of military readiness, effectiveness, unit cohesion, recruiting and retention,” the statements reads.

The White House adds the repeal provision “recognizes the critical need to allow our military and their families the full opportunity to inform and shape the implementation process through a thorough understanding of their concerns, insights and suggestions.”

The statement also makes note that the Senate version of the defense authorization doesn’t have funding for the alternative engine program for the F-35 Joint Strike Fighter, a next-generation military aircraft.

The House version of the defense authorization bill provides for $485 million in funds for the second engine for the aircraft. The White House has issued a veto threat over the defense authorization bill as a result of this provision.

Senate Majority Leader Harry Reid. (Blade photo by Michael Key)

Supporters of “Don’t Ask, Don’t Tell” repeal are pushing Senate Majority Leader Harry Reid (D-Nev.) to schedule a vote on the issue in September as some fear further delay would entirely derail efforts to overturn the law this year.

Alex Nicholson, executive director of Servicemembers United, said the prospects for passing “Don’t Ask, Don’t Tell” repeal are “reduced significantly” if Reid doesn’t schedule a vote on the fiscal year 2011 defense authorization before lawmakers break for the election.

“The failure of [the defense authorization bill] and ['Don't Ask, Don't Tell'] to get floor time and a vote in September or first week of October will be Reid’s alone,” Nicholson said. “Bumping it off to lame duck is gambling with our community’s lives and livelihoods – the same risk we demanded Obama not take by putting off the vote until next year.”

Winnie Stachelberg, senior vice president for external affairs at the Center for American Progress, also emphasized the importance of having a vote on the defense authorization bill and “Don’t Ask, Don’t Tell” in September.

“It’s important that this happen in September because there are folks who don’t want to deal with this in a lame duck or next year,” she said.

On May 27, the Senate Armed Services Committee voted to include language that would lead to repeal of “Don’t Ask, Don’t Tell” in the defense authorization bill and reported the language as a whole to the Senate floor.

But Reid hasn’t yet scheduled a vote for the legislation on the Senate floor. Some Capitol Hill insiders have said they’re expecting the bill to come up in September, although doubts are emerging about having a vote before the month is out.

Nicholson said he thinks Reid may not schedule a vote on the defense authorization bill in September because he’s reluctant to force members to vote on controversial measures prior to the election.

The consequence of not having a vote by the end of the first week of October, Nicholson said, is that all the gains made so far over “Don’t Ask, Don’t Tell” will be “put at great risk.”

“Once the Senate goes into recess for election season, anything could happen,” Nicholson said. “So putting the ['Don't Ask, Don't Tell'] vote off until after October is simply gambling with this very important issue. I don’t see how we will be able to forgive the president or Sen. Reid if that happens, because between the two of them they have the power to make sure that risk is not taken.”

Stachelberg emphasized the importance of finishing legislative action on “Don’t Ask, Don’t Tell” before the Pentagon working group completes its study on the issue on Dec. 1.

“In other words, the Pentagon’s hands will be tied to implement the recommendations if “Don’t Ask, Don’t Tell” isn’t repealed,” she said. “They’ll have to wait to come back and do that next year, and that’s a problem.”

Jim Manley, a Reid spokesperson, said the Senate is planning to have a vote in September on defense authorization, but noted Sen. John McCain’s (R-Ariz.) opposition to moving the bill to the floor just before lawmakers broke for August recess.

“When we get back in September, we’ll continue to try and work on an agreement to get the bill to the floor as quickly as possible,” Manley said. “Now that the primary is over, hopefully Sen. McCain will relent in his objection and allow us to take the bill to the floor.”

McCain’s office didn’t respond to the Blade’s request for comment on whether he would continue his objection to a vote.

Other high-profile items are on the Senate agenda for September. Manley said legislation to assist small businesses would be a priority, along with bills related to tax break extensions as well as various conference reports.

When asked whether scheduling time for those bills would mean putting off a vote on the defense authorization bill, Manley replied, “I don’t do hypotheticals.”

Other observers say putting off a vote on the defense authorization bill could be the end for “Don’t Ask, Don’t Tell” repeal if Republicans take control of Congress.

Politico’s Morning Defense reported last week that lobbyists are predicting the defense authorization bill would “come to a screeching halt” if the GOP wins a majority in November and a vote on the legislation hasn’t taken place by that time.

“They provide a couple of reasons: The level of partisan bickering is likely to intensify, and waiting and letting Republicans handle those bills next year will allow the Democrats to play the blame game,” Politico reports.

Nicholson also said a Republican takeover this fall could thwart any attempt for repeal of “Don’t Ask, Don’t Tell” this year.

“Unfortunately, a takeover of even one house of Congress by a leadership cadre that is hostile to repealing ['Don't Ask, Don't Tell'] could put the breaks on all of the progress we have made so far, and even begin to reverse a lot of that progress,” he said.

A lack of pressure from the White House is also seen as a concern for those seeking a Senate vote on “Don’t Ask, Don’t Tell” this September.

Nicholson said it’s unclear whether the White House will push to have a vote on the defense authorization bill when the Senate returns from August recess.

“If the president were pressuring Sen. Reid to move the defense bill in September, it would likely get done,” Nicholson said. “But the White House does not always want bills coming up on the same timeline that we do.”

Nicholson said Obama could eliminate the uncertainty over a vote on “Don’t Ask, Don’t Tell” by “publicly call[ing] for Sen. Reid to bring up the defense authorization bill in September.”

Shin Inouye, a White House spokesperson, said in response to an inquiry on whether the president would push for a vote on “Don’t Ask, Don’t Tell” in September that the president remains committed to the issue.

“The president has made clear that he wants ['Don't Ask, Don't Tell'] repealed and he continues to work with Congress to make sure this happens,” Inouye said.

Carl Levin (Blade photo by Michael Key)

Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told the Blade on Thursday he’s expecting the full Senate to take up “Don’t Ask, Don’t Tell” repeal in September after lawmakers return from August recess.

Advocates have been anticipating a vote on the fiscal year 2011 defense authorization bill — the vehicle to which repeal language is attached — after the Senate Armed Services Committee on May 27 attached the provision to the bill and reported out the legislation to the floor.

Levin said the quickest possible route for passing repeal in the Senate is now reaching an agreement this month to take up the defense bill shortly after lawmakers return from August break.

“What we’re hoping to do before August is to have an agreement which will pave the way for it being brought up right after the recess,” Levin said.

Bryan Thomas, a Levin spokesperson, later clarified that Levin was referring to an agreement negotiated between majority and minority leadership.

Levin, who had earlier said he was hoping for a vote on the defense bill in July, said this agreement would eliminate the possibility of a filibuster on a motion to proceed after lawmakers return.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said his organization is also urging Senate Majority Leader Harry Reid (D-Nev.) to bring the defense legislation to the floor “right after the Labor Day recess.”

“Yes, it would have been better if we were on the Senate floor this month, but the calendar was just too crowded,” Sarvis said.

Sarvis said scheduling the defense bill for a vote in early September is “absolutely essential” to move forward with repeal to finish legislative action ”before Congress goes into ‘lame-duck mode.’”

“This is the bill that provides for the pay and benefits and equipment for all service members, straight and gay,” he said. “This bill and these core benefits for our [service members] should not be caught up in post election games and posturing.”

In addition to wanting to move forward with the defense legislation, proponents of “Don’t Ask, Don’t Tell” repeal have expressed concern about opponents of the language filibustering the defense legislation as a whole, or stripping out the provision with a substitute amendment or a motion to strike.

Levin said he doesn’t think either a filibuster or an amendment would succeed, but added the odds of a successful amendment passing the Senate may “depend on what the wording is.”

The senator said he hasn’t seen any draft amendments relating to the “Don’t Ask, Don’t Tell” language, but predicted one would come to the floor.

“I haven’t seen it,” Levin said. “I know there will be, but I haven’t seen it.”

Sarvis said he shares Levin’s confidence that repeal language in the defense legislation can be retained.

“The Senate votes are likely to be close, but, in the end, I think, repeal proponents will prevail,” Sarvis said.

U.S. Sen. John McCain (Blade photo by Michael Key)

Gay veterans are celebrating congressional action last week to repeal “Don’t Ask, Don’t Tell,” 17 years after Congress passed a law banning gays from serving openly in the U.S. military.

The House and Senate took separate actions that would lead to an end of the statute. Both chambers approved amendments repealing “Don’t Ask, Don’t Tell” as part of major defense budget legislation known as the fiscal year 2011 defense authorization bill.

On May 27, the House voted 234-194 on the floor in favor of an amendment sponsored by Rep. Patrick Murphy (D-Pa.). The next day, the chamber voted 229-186 in favor of passing the entire defense bill.

Five Republicans voted in the affirmative on the amendment: Reps. Judy Biggert (Ill.), Joseph Cao (La.), Charles Djou (Hawaii), Ron Paul (Texas) and Ileana Ros-Lehtinen (Fla.). Joining other Republicans to vote against the measure were 26 Democrats.

The Senate Armed Services Committee voted 16-12 in favor of an identical repeal measure sponsored by Sen. Joseph Lieberman (I-Conn.).

In that chamber, Sen. Susan Collins (R-Maine) was the only Republican to vote in favor of repeal. The sole Democrat who voted against the amendment was Sen. Jim Webb (D-Va.). He had earlier told media outlets that he sees no need to preempt the Pentagon’s “Don’t Ask, Don’t Tell” study by voting in favor of repeal at this time.

The legislative compromise adopted by both chambers of Congress would repeal “Don’t Ask, Don’t Tell” only after the Defense Department completes its study on the issue, due Dec. 1.

Additionally, President Barack Obama, Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen would have to certify that repeal won’t undermine military readiness — and 60 days would have to pass after this certification before repeal would take effect.

The measure also notably lacks the non-discrimination language for gay, lesbian and bisexual service members that standalone repeal bills contained.

Even with the compromise, though, many gay former service members were delighted with Congress for taking action.

Mike Almy, a gay former Air Force communications officer who was discharged under “Don’t Ask, Don’t Tell” in 2006 and recently testified before the Senate on the issue, witnessed the vote in the House chamber.

“The whole floor and the gallery erupted with a cheer,” he said. “There were quite a few tears of joy and disbelief, including myself. I still get choked up when I think about it.”

Following the vote in the Senate Armed Services Committee, Almy said repeal supporters visited the office of Sen. Ben Nelson (D-Neb.) to thank him for his vote in favor of ending “Don’t Ask, Don’t Tell.”

Nelson told the Blade last month that he wouldn’t vote in favor of a measure repealing “Don’t Ask, Don’t Tell.” But after Sen. Joseph Lieberman (I-Conn.) unveiled his compromise legislation, Nelson signaled he would vote in favor of the measure.

Almy said Nelson’s staffers told repeal supporters that they received 40,000 phone calls in Nebraska for repeal and 1,100 against.

“I was speechless,” Almy said. “I was completely dumbfounded there was that much support in Nebraska for repeal. It was just an incredible week overall.”

Retired Navy Capt. Joan Darrah, a lesbian who retired from service in 2002 because of “Don’t Ask, Don’t Tell,” also said she was pleased with Congress, calling the votes “a tremendous effort and a great result.”

But Darrah, who lives in Alexandria, Va., said she’s “distressed” about Webb’s vote against repeal.

“I’ve met and corresponded with Sen. Webb many times and I’m disappointed,” she said.

Darrah said she’s willing to live with the compromise, though, and didn’t think Mullen would delay certification of repeal once the Pentagon study is complete.

“This approach that they’ve come up with allows the study to conclude — and the study is supposed to be how to implement it, not if we should,” she said. “I think that this is an excellent compromise. We need the Senate to vote on it and then get on with getting rid of this, frankly, un-American and discriminatory law.”

Also expressing excitement about the congressional votes was a gay man from Chesapeake, Va. The active duty Navy sailor, who served in Iraq and Afghanistan, spoke to the Blade on the condition of anonymity to avoid to being outed under “Don’t Ask, Don’t Tell.”

He called the action from Congress “long overdue” and said “it’s been a rough hell” serving in the military for seven of the 17 years since “Don’t Ask, Don’t Tell” was enacted.

He said he’s willing to accept the compromise advanced by Congress because “we’re standing on the right side of history” and didn’t think Obama, Gates or Mullen would delay certification of repeal.

“Adm. Mullen said it best — men and women are serving in an institution where integrity is key, but we’re asking them — asking us — to hide who we are,” said the man. “I don’t think we’ll have any problem at all.”

Following the vote, Obama issued a statement on the “Don’t Ask, Don’t Tell” action. The White House previously said it would support the compromise legislation because it allows the Pentagon to complete its study on the issue.

Obama said he was “pleased” with the outcome while stressing the importance of the Pentagon’s “Don’t Ask, Don’t Tell” study due at year’s end.

“I have long advocated that we repeal ‘Don’t Ask Don’t Tell,’ and I am pleased that both the House of Representatives and the Senate Armed Services Committee took important bipartisan steps toward repeal tonight,” Obama said.

The president said the Pentagon’s review was “key to successful repeal” and that he was grateful the amendments approved by Congress “will ensure that the Department of Defense can complete that comprehensive review that will allow our military and their families the opportunity to inform and shape the implementation process.”

Hurdles remain in repeal process

Even with Congress taking action to end “Don’t Ask, Don’t Tell,” the legislation approved by the House and the Senate committee still has to make its way to the president’s desk and win his signature before it’s enacted.

And a number of obstacles could prevent the bill from reaching the White House or being signed into law. However, supporters of repeal are saying these roadblocks are less numerous than obstacles before the congressional votes on “Don’t Ask, Don’t Tell.”

Alex Nicholson, executive director of Servicemembers United, said the legislation didn’t “have a lot” of possible roadblocks preventing it from being signed by the president.

Still, one problem that supporters of repeal could face is a filibuster of the defense authorization bill when it reaches the Senate floor.

Sen. John McCain (R-Ariz.), ranking Republican on the Senate Armed Services Committee and chief opponent of repeal in the Senate, had pledged to find the 60 votes in the Senate necessary to block the bill from moving forward.

Roll Call newspaper reported May 27 that McCain said he’ll “without a doubt” support a filibuster if the bill goes to the floor with repeal language.

“I’ll do everything in my power,” McCain was quoted as saying. “I’m going to do everything I can to support the men and women of the military and to fight what is clearly a political agenda.”

But mustering 60 votes to filibuster the defense bill could prove a challenge for McCain.

Two senators who voted against the inclusion of “Don’t Ask, Don’t Tell” repeal language in the defense bill — Jim Webb (D-Va.) and Scott Brown (R-Mass.) — later voted in favor of reporting out of committee the defense bill as a whole. Their votes could be seen as signs they wouldn’t support filibustering the legislation on the floor.

Nicholson said he believes Senate Majority Leader Harry Reid (D-Nev.) has the votes to shut down McCain’s filibuster threat on the bill, but added it’s “never a guaranteed thing.”

“I personally think Jim Webb and Scott Brown’s votes are still a little volatile,” Nicholson said. “While they voted to report the bill out of committee, I don’t know that they’re solid allies on this. If McCain figures out a way to try to block this with a filibuster, I wouldn’t count Brown and Webb in our camp 100 percent.”

During a press conference last week, Senate Armed Services Committee Chairman Carl Levin (D-Mich.), hailed as a champion of repeal in the Senate, dismissed the chances of a successful filibuster on the defense authorization bill.

“I think it’s hard to filibuster a defense bill,” Levin said. “There’s so much in here for our troops. The fact that there’s one provision in here that some people don’t like — it seems to me [that] would not be [a] sufficient deal for 41 senators to filibuster a defense bill.”

Levin said he wants to bring the legislation before the full Senate sometime before the August recess.

Nicholson said another threat on the Senate floor could be a strike-and-replace amendment modifying the “Don’t Ask, Don’t Tell” language, such as one that changes the scope of the Pentagon study on the issue.

Conservatives have called for legislation that reconfigures the study so that it would focus on whether repeal of “Don’t Ask, Don’t Tell” would have a significant impact on improving military readiness.

“Something like that could be very appealing, especially if it’s rather moderate in nature,” Nicholson said.

Making the language different in both bills would mean the differences would have to be hashed out by conference committee, which could jeopardize any repeal provision being in the final bill.

An unrelated issue that could preclude Obama from signing the defense bill is funding for an alternate engine program for a next generation military aircraft known as the Joint Strike Fighter.

The House version of the legislation authorizes $485 million in funds for the second engine for the aircraft. Last week, an amendment failed in the House that would have stripped the funding from the legislation. The Senate committee’s version of the legislation authorizes no funding for the program.

In a statement, Obama spoke out against the funds for the alternate engine program in a Statement of Administration Policy on the defense bill as a whole. He subsequently warned Congress he would veto the legislation if it reaches his desk with such funding.

“As the Statement of Administration Policy made clear, our military does not want or need these programs being pushed by the Congress, and should Congress ignore this fact, I will veto any such legislation so that it can be returned to me without those provisions,” Obama said.

The issue of funding for the alternate engine program has perennially been a point of contention between Congress and the White House. According to Reuters, 2010 marks the fourth consecutive year in which the Pentagon has voiced concern about the program.

Nicholson said he didn’t know if the veto threat was “too serious of a problem,” but noted it’s something supporters of repeal should monitor.

He said repeal supporters could either push Congress to take out funding for the alternate engine program or lobby Obama not to veto the bill over the funding.

“In the end, I don’t think that’s going to be a big problem,” Nicholson said. “Even if he did veto it and it went back, I feel certain with the majorities by which we won the House and the way it’s aligned in the Senate, I don’t really fear that the ‘Don’t Ask, Don’t Tell’ language will be threatened or in play.”

Levin, a supporter of funding for the alternate engine program, also said during the press conference last week that Congress and the administration would find a way to work through the disagreement on the issue.

“There’s all kinds of items in this bill,” he said. “It’s difficult for me to believe the president would veto an entire bill over just one provision.”

The Senate Armed Services Committee took a significant step toward overturning “Don’t Ask, Don’t Tell” on Thursday by voting in favor of an amendment that would include repeal as part of defense budget legislation, according to sources.

On Thursday, various LGBT groups issued statements saying the Senate Armed Services Committee voted 16-12 in favor of attaching a repeal measure, sponsored by Sen. Joseph Lieberman (I-Conn.), as part of the fiscal year 2011 defense authorization bill.

The proceedings of the Senate Armed Services Committee were closed to the public and so couldn’t immediately be verified.

According to sources familiar with the deliberation, Sens. Ben Nelson (D-Neb.), Bill Nelson (D-Fla.), Robert Byrd (D-W.V.) voted in favor of the amendment. They had told media outlets earlier in the week they were planning to vote in the affirmative.

Sen. Scott Brown (R-Mass.) voted against the measure as he had earlier told the Boston Globe.

Sen. Evan Bayh (D-Ind.), who never made a public announcement indicating his position on the amendment, also voted in favor of the measure. Supporters of “Don’t Ask, Don’t Tell” repeal were expecting him to vote “yes.”

The sole Democrat who voted against the amendment was Sen. Jim Webb (D-Va.). He had earlier told media outlets he sees no need to preempt the “Don’t Ask, Don’t Tell” study currently at the Pentagon by voting in favor of repeal at this time.

Sen. Susan Collins (R-Maine) was the only Republican to vote in favor of repeal. Supporters of repeal were expecting her to be a “yes” vote on the amendment for some time.

While the Senate has taken action, the House has yet to attach similar language as part of its version of the defense budget legislation. The House is expected to take up the issue on the floor by Friday morning.

The legislative compromise adopted by the Senate committee would repeal “Don’t Ask, Don’t Tell” only after the Defense Department completes its study on the issue at the end of the year.

Additionally, the president and Pentagon leaders would have to certify that repeal won’t undermine military readiness — and 60 days would have to pass after this certification.

The measure also notably lacks the non-discrimination language for gay, lesbian and bisexual service members that was found in standalone versions of repeal legislation.

In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the Senate committee approved “a historic roadmap” to open service.

Still, he cautioned gay, lesbian and bisexual service members against being open about their sexual orientation while serving in the armed forces.

“It is important for all gay and lesbian, active-duty service members, including the reserves and the national guard, to know they’re at risk,” Sarvis said. “They must continue to serve in silence under the ‘Don’t Ask, Don’t Tell’ law that remains on the books.”

Sarvis said he’s hopeful Congress and the Pentagon would be able to finalize repeal by “no later than the first quarter of 2011.”

In another statement, Joe Solmonese, president of the Human Rights Campaign, said the importance of the Senate vote “cannot be overstated.”

“This is the beginning of the end of a shameful ban on open service by lesbian and gay troops that has weakened our national security,” Solmonese said. “The stars are aligning to finally restore honor and integrity to those who serve our country so selflessly.”

Solmonese said Americans recognize that the sexual orientation of service members doesn’t matter so long as they “get the job done.”

“Those who wish to preserve discrimination in our military will continue to fight this progress but we will be there every step of the way to ensure that qualified men and women are allowed to serve their country, regardless of sexual orientation,” he said.

Alex Nicholson, executive director of Servicemembers United, also commended the Senate committee for what he said was taking historic action to end “Don’t Ask, Don’t Tell.”

“This initial victory today in the Senate Armed Services Committee is an historic first step forward in the drive to finally get the onerous ‘Don’t Ask, Don’t Tell’ law off the books forever,” Nicholson said. “All of us who have served under ‘Don’t Ask, Don’t Tell’ and who have been impacted by this law will remember this day as the beginning of the end for ‘Don’t Ask, Don’t Tell.’”