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

A U.S. senator seen as a leader in the fight for “Don’t Ask, Don’t Tell” repeal has agreed to sign on as a co-sponsor to legislation that would repeal the Defense of Marriage Act.

On Thursday, Sen. Carl Levin (D-Mich.) officially signed on as a support of the bill, known as the Respect for Marriage Act, bringing the total of co-sponsors to 31.

The Courage Campaign, a progressive grassroots organization, first announced on its blog, Prop 8 Trial Tracker, that Levin had agreed to co-sponsor the DOMA repeal legislation.

The organization has been building the number of co-sponsors of the Respect for Marriage Act, which is sponsored by Sen. Dianne Feinstein (D-Calif.), by sending petitions to potential supporters in the Senate.

Bryan Thomas, a Levin spokesperson, later confirmed for the Washington Blade that Levin “has indeed co-sponsored the Act.”

Levin’s decision to co-sponsor DOMA repeal comes after he publicly said he supports the measure when asked by the Washington Blade about the bill during a news conference on Sept. 20.

All co-sponsors of the legislation in the Senate are Democrats. In the House, Rep. Ileana Ros-Lehtinen (R-Fla.) co-sponsors companion legislation, which is sponsored by Rep. Jerrold Nadler (D-N.Y.).

The Michigan Democrat’s decision to co-sponsor the legislation comes less than one week after Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) announced that he intends to hold a committee vote on the legislation in November. Levin isn’t a member of the panel, but all 10 Democrats who hold membership are already co-sponsors of the bill.

Levin, chair of the Senate Armed Services Committee, was seen early on as a leader in the fight to repeal “Don’t Ask, Don’t Tell.” Last year, Levin backed a committee amendment to include repeal language as part of annual defense budget legislation.

The repeal-inclusive legislation ultimately didn’t make it to the floor, but Levin supported the standalone bill that was introduced later and ultimately was successful.

Rick Jacobs, chair of the Courage Campaign, said in a statement Levin’s decision to co-sponsor the Respect for Marriage Act is important because of his authority on military issues.

“Carl Levin is in many ways the conscience of the Senate,” Jacobs said. “As a leader in defense and national security issues, Sen. Levin understands that America’s true power comes from its diverse population. That’s why his support for Sen Feinstein’s bill to repeal the Defense of Marriage Act means so much. American soldiers can now bear arms without hiding that they are gay and lesbian; when they come home, their marriages deserve to be treated equally.”

House Armed Services Committee Chair Buck McKeon (Blade file photo by Joey Diguglielmo)

The leading House Republican on defense issues has threatened to kill passage of annual defense policy legislation if it lacks language blocking military chaplains from performing same-sex weddings.

House Armed Services Committee Chair Buck McKeon (R-Calif.) said Friday in a taped interview on C-SPAN’s “Newsmakers” that he’d rather see no version of the fiscal year 2012 defense authorization bill passed at all rather one that doesn’t prevent chaplains from marrying gay couples, according to the The Hill newspaper.

“This was one of the concerns that we had – that we were rushing this, to eliminate this, before we had fully prepared things, and DOMA is the law of the land,” McKeon said, referencing the Defense of Marriage Act, the 1996 law prohibiting federal recognition of same-sex marriage.

Last week, the Pentagon issued guidance allowing chaplains to perform same-sex weddings, if they so choose, and allowing the use of base facilities for these ceremonies.

The House in May approved a version of the defense bill that would rollback the Pentagon guidance by prohibiting chaplains or base facilities from being involved in same-sex weddings. The provision was adopted in committee as an amendment by Rep. W. Todd Akin (R-Mo.)

The measure also contains language reaffirming the Defense Department must abide by DOMA. The language was also adopted in committee as an amendment by Rep. Vicky Hartzler (R-Mo.)

The Senate Armed Services Committee in June left out these provisions in its version of the defense bill, but the full measure has yet to reach the Senate floor.

McKeon also reportedly said he’d rather see Congress fail to pass a defense measure for the first time in a half-century if he had to give in on a provision in the Senate bill effectively banning many terrorism suspects from obtaining trials in civilian court.

McKeon reportedly said he hopes the Senate will come to the side of the House on the marriage and detainee issues.

Specifically on marriage, McKeon reportedly said, “I’m hopeful that the Senate will look at those votes and will understand our feelings on this issue.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, chastised McKeon for saying he’d put the Pentagon budget at risk over the ability of chaplains to perform same-sex marriages.

“It’s nothing short of shameful that the Chair of the House Armed Services Committee, charged with protecting and authorizing funding for our nation’s service members at war, would be willing to put at risk the equipment and supplies they need in order to advance his own narrow, social agenda,” Sarvis said.

If the full Senate passes the measure as approved by the Senate Armed Services Committee, the marriage issues would have to be hammered out between the House and Senate in conference committee.

In a news conference last month, Senate Armed Services Committee Chair Carl Levin (D-Mich.) pledged to work against the anti-gay provisions from being part of the defense bill when asked about the issue by The Advocate.

“We will fight against those amendments and do everything we can to make sure that they don’t appear either in the Senate bill or on the floor,” as well as in conference committee for the bill, Levin said.

The Pentagon guidance allowing chaplains to officiate over same-sex weddings has become a rallying cry for social conservatives seeking unseat President Obama during the 2012 election.

During the 2011 Value Voters Summit, Republican presidential candidate Rick Santorum mischaracterized the guidance by saying the Obama administration “instructed” chaplains to perform these same-sex weddings when in fact they have option to do so.

Santorum added this decision from Obama is “worse than” his decision to abandon defense of DOMA in court.

“He has instructed his military chaplains to marry people, in direct contravention — marry gays and lesbians in direct contravention to the Defense of Marriage Act, which defines marriage in federal law as between a man and a woman,” Santorum said. “So not only did the president not defend the law, he has now instructed people in the military to break the law.

LGBT advocates have said allowing military chaplains to marry same-sex couples is consistent with DOMA because the anti-gay law makes no mention of couples that chaplains are able to marry.

Former Army Lt. Gen. Benjamin Mixon, who came under fire last year for speaking out against open service and asking people to call on Congress to reject “Don’t Ask, Don’t Tell” repeal, also decried the guidance during the summit.

“What kind of position is this to put chaplains in to have to make that kind of decision inside this unit?” Mixon said. “It is unfair to our service members to put them in that kind of position whether it would be a violation of their religious beliefs of their moral conscience. We owe our service members more than that, and we need to work to provide that guidance and oversight to each and every one of our service members.”

The Servicemembers Legal Defense Network held a celebration at the K Street Lounge on Sept. 20 — the day that the repeal of the military’s ‘Don’t Ask, Don’t Tell’ policy went into effect. Attendees included Office of Personnel Management Director John Berry, Sen. Chris Coons (D-Del.), Sen. Carl Levin (D-Mich.), House Minority Leader Nancy Pelosi (D-Calif.), Rep. Steny Hoyer (D-Md.) and Rep. Tammy Baldwin (D-Wis.).

(Washington Blade photos by Pete Exis)

The anti-gay law that for 18 years has prevented openly gay people from serving in the U.S. military is today finally lifted from the books and cast in the dustbin of history.

Under the law, which came to be known as “Don’t Ask, Don’t Tell,” an estimated 14,346 service members were discharged from the armed forces because of their sexual orientation. The gay ban was officially removed from the books at 12:01 am.

“Don’t Ask, Don’t Tell” has been lifted thanks to repeal legislation President Obama signed in December. But before repeal could take effect, the law required Obama and Pentagon leaders send certification to Congress.

On July 22, Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen certified the U.S. military was ready for repeal, starting the 60-day period leading to today when the ban has finally come to an end.

The Washington Blade obtained statements that reflect on the end to “Don’t Ask, Don’t Tell” from Obama, LGBT advocates and lawmakers who were involved in the repeal process:

PRESIDENT OBAMA

“Today, the discriminatory law known as ‘Don’t Ask, Don’t Tell’ is finally and formally repealed. As of today, patriotic Americans in uniform will no longer have to lie about who they are in order to serve the country they love. As of today, our armed forces will no longer lose the extraordinary skills and combat experience of so many gay and lesbian service members. And today, as Commander in Chief, I want those who were discharged under this law to know that your country deeply values your service.”

“I was proud to sign the Repeal Act into law last December because I knew that it would enhance our national security, increase our military readiness, and bring us closer to the principles of equality and fairness that define us as Americans. Today’s achievement is a tribute to all the patriots who fought and marched for change; to Members of Congress, from both parties, who voted for repeal; to our civilian and military leaders who ensured a smooth transition; and to the professionalism of our men and women in uniform who showed that they were ready to move forward together, as one team, to meet the missions we ask of them.”

“For more than two centuries, we have worked to extend America’s promise to all our citizens. Our armed forces have been both a mirror and a catalyst of that progress, and our troops, including gays and lesbians, have given their lives to defend the freedoms and liberties that we cherish as Americans. Today, every American can be proud that we have taken another great step toward keeping our military the finest in the world and toward fulfilling our nation’s founding ideals.”

LGBT ADVOCATES

Joe Solmonese, president of the Human Rights Campaign:

“[Today] is a historic day for gay and lesbian service members and our nation as a whole. ‘Don’t Ask, Don’t Tell’ was a stain on our nation — not only did it damage our military readiness and national security, but it sent a message that discrimination based upon sexual orientation was acceptable. We know that not to be the case — discrimination accomplishes nothing and tears at the fabric of our country’s strength.”

“Beginning [today], gay and lesbian service members previously discharged under ['Don't Ask, Don't Tell'] will have the opportunity to re-enlist. Gay and lesbian Americans eager to serve the country but not willing to compromise who they are as individuals will, for the first time ever, be able to openly join. And brave men and women currently serving will have the freedom to come out and be honest with their comrades about who they are and who they love.”

“Despite this progress, much work remains to ensure full equality in the military. The so-called Defense of Marriage Act will prohibit gay and lesbian service members and their spouses from receiving many of the benefits their straight counterparts receive. Limiting regulations also impact areas like military family housing, access to legal services, and spousal relocation support. We also are continuing to deal with an infrastructure ill-prepared to handle incidents of discrimination and harassment against gay and lesbian service members. It is incumbent upon fair-minded legislators to continue pushing equality forward by standing up to discriminatory legislative tactics, pushing for repeal of DOMA, examining barriers to service for qualified and dedicated transgender Americans, and ensuring gay and lesbian military families get the same access to benefits as everyone else.”

“This was a hard-fought victory, and supporters of equality should feel proud. But we cannot lose sight of the challenges that remain — from passing the Employment Non-Discrimination Act to bar employment discrimination in every workplace, to bringing an end to DOMA through the Respect for Marriage Act, and to combatting anti-gay activities and rhetoric from political leaders and hate groups. This is indeed a historic moment, but we remain focused on the work ahead.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network:

“Today marks the official end of ‘Don’t Ask, Don’t Tell’ and is an historic milestone along the journey to achieving full LGBT equality in America’s military. Thanks to you — the veterans, active duty, leaders, allies and supporters who have fought so long and hard — this is a monumental day for our service members and our nation. Indeed, we have taken a tremendous leap forward for LGBT equality in the military.

“Our work is far from done, but today we pay tribute to the service and sacrifice of our patriots as we look forward to a new era of military service — one that honors the contributions of all qualified Americans who have served and wish to serve.”

Alex Nicholson, executive director of Servicemembers United:

“On March 15, 1778 the first American servicemember was drummed out of the military for being gay. Since then, tens of thousands more have had their careers ruined and their lives turned upside down by a succession of anti-gay polices and regulations, culminating in the codification of an anti-gay statute in 1993 with the passage of the ‘Don’t Ask, Don’t Tell’ law. In all, 14,346 men and women were discharged pursuant ‘Don’t Ask Don’t Tell.’ But thanks to the persistent hard work of unwavering advocates, especially those who have been directly impacted by this issue, and some courageous politicians over the past six years, ‘Don’t Ask, Don’t Tell’ is now history. As a result, those who continue to serve can sleep easier tonight knowing that they can no longer be arbitrarily fired because of their sexual orientation. Justice has prevailed and ‘Don’t Ask, Don’t Tell’ is dead. God bless America.”

Robin McGehee, director of GetEQUAL, which is organizing a “Day of Discontent” of rallies pushing for further LGBT rights in more than a dozen cities on the day “Don’t Ask, Don’t Tell” is lifted:

“It has taken 17 years of hard work to remove this discriminatory policy, and still our community faces discrimination and intolerance on a daily basis that this one important victory won’t fix. [Today's] collaborative effort by LGBT organizers across this nation will show lawmakers that we will not be content until we have full federal equality in all matters governed by civil law. We cannot and will not accept anything less — for ourselves, our families and our communities.”

Josh Seefried, an active duty Air Force officer and co-director of OutServe, an organization of actively serving LGBT military personnel (under “Don’t Ask, Don’t Tell,” Seefried went by J.D. Smith to avoid being outed under the law):

“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 service members can now do their job with their integrity intact.”

Rea Carey, executive director of the National Gay & Lesbian Task Force:

“Today marks the end of an ugly era in American history. After nearly two decades, lesbian, gay and bisexual service members will finally be able to serve their country openly and honestly. Those who fight for freedom will now themselves be able to live more freely. We celebrate this historic moment, which could not come fast enough. Thousands of exemplary and courageous service members have lost their careers and livelihoods to this unjust policy, once again proving there are very personal and costly consequences of discrimination.

“While we observe this tremendous, hard-fought victory for lesbian, gay and bisexual service members, we recognize the journey is not over. Transgender service members are still being forced to serve in silence. This is unacceptable. All qualified, patriotic Americans willing to risk their lives for this country should be able to do so free from discrimination. In addition, the military still lacks explicit nondiscrimination protections, equal benefits and an inclusive equal opportunity policy for LGBT people. We will continue to work toward the day when full inclusion is a reality in the military.”

U.S. LAWMAKERS

House Minority Leader Nancy Pelosi (D-Calif.)

“With the long-overdue end of the discriminatory ‘Don’t Ask, Don’t Tell’ policy, our nation will finally close the door on a fundamental unfairness for gays and lesbians, and indeed affirm equality for all Americans. When the Democratic majorities in the House and Senate took action last year to end this wrongheaded policy, we reaffirmed the core American principle that anyone who wishes to serve, secure, and defend this country must be judged by their abilities and honored for their dedication and sacrifice.”

“For those gays and lesbians discharged unfairly, including those who seek re-accession, we must correct their paperwork so that it properly reflects their service. We must continue efforts to repeal the discriminatory Defense of Marriage Act, but in the meantime, I urge the Obama Administration to investigate opportunities to extend the same support and benefits to all our troops and their families. We cannot allow there to be two classes of service members in our military — those who receive benefits for their families and those who do not.

“This landmark progress comes after the President, the Chairman of the Joint Chiefs of Staff, and the Secretary of Defense have all certified that repeal will not hurt military readiness or unit cohesion.”

“America is the land of the free and the home of the brave because of our men and women in uniform. And [today], we honor their service by recommitting to the values that they fight for on the battlefield.”

Senate Majority Leader Harry Reid (D-Nev.)

“Today marks the end of a shameful and counterproductive policy that needlessly destroyed careers and harmed our military readiness. Thousands of qualified men and women who want to serve our country will now be able to do so without fearing their careers could end due to their sexual orientation. Our armed forces will be stronger because now our military commanders and our nation can be sure we will have the best and brightest service members on the job, regardless of ethnicity, creed or sexual orientation.”

Senate Armed Services Committee Chair Carl Levin (D-Mich.):

“Beginning Tuesday, thousands of brave American service members will be able to serve the country they love without concealing part of their identity. They will no longer have to lie in order to help protect us. The end of ‘Don’t Ask, Don’t Tell’ is an important victory not just for equality, but integrity. And this victory will come without harming our military’s readiness or effectiveness. I applaud the military and civilian leaders throughout the Department of Defense who have helped us to adopt this historic change.”

Sen. Susan Collins (R-Maine), original co-sponsor of the Senate repeal legislation:

“Today represents an historic change for our military and our country. Today, for the first time in our history, we welcome the service of any qualified individual who is willing and capable of serving our country. Today, we will no longer dismiss brave, dedicated, and skilled service men and women simply because they are gay. The repeal of ‘Don’t Ask, Don’t Tell’ is a victory for our national security, and our values, and it strengthens the ranks of our military.”

Sen. Mark Udall (D-Colo.)

“Today is a great day for our national security. Repealing ['Don't Ask, Don't Tell'] will strengthen our military by allowing it to attract our nation’s best talent, regardless of whom they love. The service members who will come out today are the same soldiers, sailors, airmen and Marines they were yesterday — the only thing that has changed is that they can now be honest and open about who they are.”

“Countless young men and women in uniform — gay and straight — have told me that in combat, sexual orientation, race, religion and gender simply don’t matter.  Our military leaders were given the time and flexibility to study and implement repeal — they say they’re ready, our troops are ready, and I’m incredibly proud that we’re finally closing the book on ‘Don’t Ask, Don’t Tell’ and putting it where it belongs — the dustbin of history.”

Watch Udall’s video commemorating the end to “Don’t Ask, Don’t Tell” here:

Groups that worked to repeal “Don’t Ask, Don’t Tell” are hosting a variety of events in D.C. in the coming days to commemorate the lifting of the gay ban.

Servicemembers Legal Defense Network is inviting guests to participate in a celebration on Tuesday at K Street Lounge, 1301 K St., N.W. The event will take place from 6-10 p.m. The suggested donation is $20.

Notable figures who will appear at the dinner include Senate Armed Services Committee Chair Carl Levin (D-Mich.) and Rep. Adam Smith, ranking Democrat on the House Armed Services Committee. Openly gay members of Congress who are slated to attend are Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.), who recently announced a bid for U.S. Senate. Air Force Lt. Col. Victor Fehrenbach, who faced discharge under “Don’t Ask, Don’t Tell,” and former Air Force Maj. Mike Almy are also set to attend.

Also on Tuesday, the Log Cabin Republicans hosts its annual “Spirit of Lincoln” dinner, which will have a special emphasis on the end of “Don’t Ask, Don’t Tell.” The event will take place from 6:45-8:45 p.m. at the Hyatt Regency, 400 New Jersey Ave., N.W.

Two Republican U.S. senators who voted for repeal — Susan Collins of Maine and Scott Brown of Massachusetts — will be present. Also scheduled to appear are Reps. Richard Hanna and Nan Hayworth, freshman Republicans who last year campaigned in opposition to “Don’t Ask, Don’t Tell.” Rep. Judy Biggert (R-Ill.), who also voted for repeal, is another speaker.

On Monday, Servicemembers United is hosting the “Countdown to Repeal Party” on the eve of the end of “Don’t Ask, Don’t Tell.” The event will take place at Town nightclub (2009 8th St., N.W.) from 9 p.m. to midnight. The group emphasizes the celebration isn’t a fundraiser and there’s no suggested donation.

Additionally, LGBT groups in Virginia are hosting their own celebration to observe the end of the military’s gay ban. The Arlington Gay Lesbian Alliance, the Arlington Democrats and the Arlington Greens are hosting a karaoke event at Freddie’s Beach Bar, called “Yes We Did! Karaoke — A Celebration of the Repeal of DADT.” The bar is located at 555 23rd St. South in Arlington, Va. The event, which is free, will take place from 8-11 p.m.

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.”

Sen. Harry Reid, along with other Democrats, voted for cloture on "Don't Ask, Don't Tell" legislation (Blade photo by Michael Key).

In a historic action, the U.S. Senate on Saturday passed legislation that would end the 17-year-old law prohibiting open gays from serving in the U.S. military. 

Early in the day, the Senate voted 63-33 to invoke cloture on the legislation that would end “Don’t Ask, Don’t Tell” to move it to the floor. Later in the afternoon, the chamer approved the legislation by a vote of 65-31, effectively sending the measure to President Obama’s desk. 

Clearing the 60-vote threshold needed to invoke cloture was the last significant hurdle for the bill on its path to passage and enactment into law. 

For the cloture vote, six Republicans voted in the affirmative. They include Sen. Susan Collins (R-Maine), an original co-sponsor of the bill, as well as Sens. Olympia Snowe (R-Maine), Scott Brown (R-Mass) and Lisa Murkowski (R-Alaska). Each had indicated prior to the vote that they support the bill when it came to the floor. 

Additional GOP  support for the legislation came from Sens. Mark Kirk (R-Ill.) and George Voinovich (R-Ohio). Three Republicans didn’t vote: Sens. Jim Bunning (R-Ky.), Judd Gregg (R-N.H.) and Orrin Hatch (R-Utah). 

Following the cloture vote, Voinovich told reporters he voted in the affirmative because he believes the U.S. military should accept Americans who are qualified to serve.

“If people are not qualified to be in service because of their sexual orientation, then we ought to say, ‘You can’t get in,’” he said. “But if we know that they are qualified, then we ought not to have them lying [about] who they are [under] ‘Don’t Ask, Don’t Tell.’ It just is inconsistent with common sense.”

Sen. Joseph Lieberman (I-Conn.), the sponsor of the repeal legislation, told the Washington Blade following the vote that he wasn’t suprised by Kirk or Voinovich’s votes because they privately assured him they would vote in the affirmative earlier in the week. 

“For their own reasons, they didn’t want to announce it, but they were true to their word — God bless them,” Lieberman said. “So, six Republicans was great.”

Lieberman praised the bipartisan nature with which the Senate passed “Don’t Ask, Don’t Tell” in a conversation with reporters following the vote.  

“There’s been a lot of difficult times in the last couple years because it’s so partisan to get anything done.,” Lieberman said. “Here we are coming together — and it was bipartisan. We wouldn’t have done it without the Republicans and we got something really good passed, so I feel good about it.”

For the vote for final passage, two Republicans switched their “no” votes on cloture to “yes”: Sens. Richard Burr (R-N.C.) and John Ensign (R-Nev.).

On the Democratic side, all members who were present voted in favor of cloture and final passage, but Sen. Joe Manchin (D-W.Va.) didn’t vote at either time. 

Earlier this month, Manchin voted against the motion to proceed on major defense legislation containing “Don’t Ask, Don’t Tell” repeal language. His office didn’t immediately respond to Blade’s request to comment on why he was absent. 

Gay rights supporters were concerned that Sen. Kent Conrad (D-N.D.) would vote “no,” but he voted in the affirmative both for cloture and final passage along with nearly all of his Democratic colleagues. 

The Senate invoked cloture to proceed with the “Don’t Ask, Don’t Tell” legislation after a vote failed on moving forward with the DREAM Act, an immigration-related bill, 55-41. 

Joe Solmonese, president of the Human Rights Campaign, said the cloture vote shows that Congress has “recognized that all men and women have the right to openly serve their country.” 

Solmonese also noted that the Senate was able to move “Don’t Ask, Don’t Tell” legislation past its most significant hurdle after many observers believed efforts to pass repeal this year were dead. 

“Plenty of people had already planned the funeral for this legislation,” Solmonese said. ”Today, we pulled out a victory from what was almost certain defeat just a few days ago.” 

Alex Nicholson, executive director of Servicemembers United, called the vote a “historic step forward for this country” and said it “will very likely be a life-changing moment for gay and lesbian troops.” 

“While we still have a long road ahead, including a final passage vote, the certification process, and a yet-to-be-determined implementation period, those who defend our freedom while living in fear for their careers will finally breathe a sigh of relief tonight, and those who have fallen victim to this policy in years past will finally begin to see true closure and redemption on the horizon,” Nicholson said. 

The U.S. House earlier this week approved identical legislation, so when the Senate votes to approve final passage of the bill, the bill will head to President Obama’s desk. 

Following the cloture vote, Lt. Col Victor Fehrenbach, an Air Force pilot who’s facing discharge under “Don’t Ask, Don’t Tell,” told the Washington Blade he was “overwhelmed” that the Senate finally took action to end the military’s gay ban. 

“I didn’t think it was going to happen to be honest with you — at least not for a few years,” Fehrenbach said. “As soon as I heard my senator vote — Sen. Voinovich — I knew that we were over the 61 mark and I was pretty emotional over a while there.” 

Fehrenbach said he felt “overwhelming happiness” not just for himself but for the estimated 66,000 other gay people serving in the armed forces. 

“I’ll still be in limbo, but I know now that I’ll be able to retire in October, so it’s a great feeling to know that this is coming to end — that there is a light at the end of the tunnel,” he said. 

In a statement White House Press Secretary Robert Gates confirmed Obama intends to sign the legislation passed by the Senate into law. 

“As the president has long said, ending ‘Don’t Ask, Don’t Tell,’ and allowing gay men and women to serve openly in the military, will strengthen our national security while upholding the basic equality on which this nation was founded,” Gibbs said. ”The president looks forward to signing the bill into law.” 

Gates called on to stop discharges 

Now that legislative action on “Don’t Ask, Don’t Tell” is complete, increased attention is being placed on the Obama administration to issue an executive order barring further discharges until repeal is implemented. 

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, renewed his call for such an order during a news conference after the Senate invoked cloture on the legislation. 

“During this limbo interim period, I respectfully call upon the secretary of defense — Secretary Gates — to use his existing authority to suspend all investigations and all discharges until the law is finally repealed,” Sarvis said. 

The SLDN head said such a move is necessary from the Obama administration because the legislation still has to make its way to the Obama desk, the president and Pentagon leaders have to certify that repeal can happen and a 60-day waiting process has to take place. 

Gay advocates — including Human Rights Campaign President Joe Solmonese — have been calling on President Obama to issue an order stopping discharges since the start of his administration. 

At the news conference, Senate Majority Leader Harry Reid (D-Nev.) said he supports the idea of Gates issues an order to suspend discharges as the repeal legislation heads to the president’s desk. 

Senate Armed Services Committtee Chair Carl Levin (D-Mich.) also told reporters following the conference he favors such a move from Gates. 

In a statement, Defense Secretary Robert Gates said he wouldn’t issue such an order until he can certify that the U.S. military is ready for repeal. 

“It is therefore important that our men and women in uniform understand that while today’s historic vote means that this policy will change, the implementation and certification process will take an additional period of time,” Gates said. “In the meantime, the current law and policy will remain in effect.” 

A White House spokesperson didn’t respond on short notice to comment on the matter. 

In October, Gates issued new guidance limiting the discharge authority for “Don’t Ask, Don’t Tell” to the militaries service secretaries in cooperation with the Pentagon’s general counsel and the under secretary of defense for personnel and readiness. According to the Associated Press, since that time, no discharges have taken place under the law. 

Senators debate gay ban 

Prior to the votes, senators on the floor spoke out passionately both in favor and against repeal of “Don’t Ask, Don’t Tell.” 

Opponents of repeal said the timing wasn’t right for Congress to act on ending the law as the U.S. military engaged in operations overseas, while those advocating for an end to “Don’t Ask, Don’t Tell” said all able bodies — including gay service members — were needed to confront these threats. 

Levin disputed the assertions of those who would call supporting “Don’t Ask, Don’t Tell” repeal a partisan vote and noted polls showing an “overwhelming majority” supports ending the law. 

“I’m not here for partisan reasons,” Levin said. ”I’m here because men and women wearing the uniform of the United States who are gay and lesbian have died for this country, because gay and lesbian men and women wearing the uniform of this country have their lives on the line right now in Afghanistan and Iraq and other places for this country.” 

Levin also noted that a provision in the legislation mandates that repeal won’t take effect until the president, defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready for repeal. 

“Secretary Gates has assured everybody that he is not going to certify that the military is ready for repeal until he is satisfied with the advice of the service chiefs that we had, in fact, mitigated, if not eliminated to the extent possible, risks to combat readiness to unit cohesion and effectiveness,” Levin said. 

But Sen. John McCain (R-Ariz.) said while repeal of “Don’t Ask, Don’t Tell” may lead to “high-fives all over the liberal bastions of America,” an end of the statute would threaten military recruitment and battle effectiveness.

“We are doing great damage, and could possibly, and probably – as the commandant of the Marine Corps said, and I’ve been told literally thousands of members of the military — harm the battle effectiveness, which is so vital to the support, to the survival of our young men and women in the military,” McCain said.

Sen. Lindsey Graham (R-S.C.), an opponent of repeal, invoked Marine Corps Commandant Gen. James Amos suggestion earlier this week that “Don’t Ask, Don’t Tell” repeal could be a “distraction” that would lead to the loss of Marines’ lives on the battlefield.

“Some will say this is a civil rights issue of time,” Graham said. “The day has come.  We need to move forward as a nation. The Marine Corps does not have that view.”

Graham railed against the decision of Senate leadership to prohibit senators from offering any amendments to the legislation.

“To those senators who will take the floor today and announce this as a major advancement of civil rights in America, please let it be said that you’re doing it in a fashion that those who have a different view cannot offer one amendment,” Graham said. “Does that matter? Apparently not.”

Reid had “filled the tree” prior to the vote to prohibit any senators from offering amendments to the legislation. Amending the bill would have sent the bill back to the House and could have killed the measure.

Sen. Carl Levin wants a vote this week on 'Don't Ask' legislation (Blade photo by Michael Key).

Senate Armed Services Committee Chair Carl Levin (D-Mich.) is calling for an immiment vote on “Don’t Ask, Don’t Tell” legislation as LGBT advocates fear moving forward with bill before negotiations are settled could doom the measure to failure.

On the Senate floor Thursday, Levin urged Senate leadership to bring to the floor before the week is out the fiscal year 2011 defense authorization bill, which contains “Don’t Ask, Don’t Tell” repeal language.

“If we don’t proceed on this bill this week, then invoking cloture sometime next week, even if we can do it, it would be a symbolic victory,” Levin said. ”And I don’t believe that there would be enough time to hammer out a final bill before the end of this session.”

Levin noted that after passage in the Senate, the legislation would still need to go to conference committee before heading to the president’s desk. The Michigan senator said over the past 10 years, conferencing the legislation has taken an average of 75 days.

“Even if we get 60 votes today to invoke cloture on the motion to proceed to this bill, and even if we’re able to consider amendments and pass this bill in a few days, it will be a possibly insurmountable challenge to work out all of the differences with the House,” Levin said.

The Michigan senator concluded that the Senate would need to bring up the   the defense authorization bill this week if the legislation is to be passed with the “Don’t Ask, Don’t Tell” provision intact.

“But the only way that this will be real and that the repeal of ‘Don’t Ask, don’t Tell,’ assuming we continue to keep it in the bill, will be real is if we proceed to the bill this week.” Levin said. “We cannot and should not delay this vote any longer.”

Levin’s remarks concerned “Don’t Ask, Don’t Tell” repeal advocates who feel going to the vote too soon could bring an unfortunate result. 

Fred Sainz, the Human Rights Campaign’s vice president of communications, warned the Senate against taking up the defense authorization bill before negotiations over the legislation complete.

“If senators move forward with a vote on NDAA before a deal has been solidified, the vote will fail and all key players will share the responsibility,” Sainz said.

Senate Majority Leader Harry Reid (D-Nev.), earlier in the day said he’s “likely” to move forward with the defense authorization bill sometime on Thursday.

Reid has been in talks with Sen. Joseph Lieberman (I-Conn.), the sponsor of repeal language in the Senate, and Sen. Susan Collins (R-Maine), who’s seen as the most likely Republican to vote for the motion to proceed, to find sufficient GOP support in moving forward.

Assuming that all 58 members of the Democratic caucus vote in favor of the motion to proceed, repeal advocates would need to pick up at least two votes from Republican senators to meet the 60-vote threshold necessary to overcome a filibuster and move forward with the legislation.

Collins has said she would vote in favor of the motion to proceed only after she’s assured a fair amendment process for the defense authorization bill and only after the Senate first takes up the extension of the Bush-era tax cuts.

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.”

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.”