I've prepared a timeline of events concerning Don't Ask, Don't Tell going back to 2006. Some brief facts on the background of DADT, courtesy of Servicemembers' Legal Defense Network.
* Passed by Congress in 1993, DADT is a the nickname for Federal Title 10, Chapter 654, which states that homosexuality is incompatible with military service, and mandates the discharge of openly gay, lesbian, or bisexual service members.
* According to official numbers, over 14,500 active service members have been fired under the law since 1994. However, this number does NOT include personnel discharged from the Reserves or National Guard.
* The numbers of discharges over the years show a marked decrease during times of war, illustrating commanders' willingness to look the other way when mission-critical personnel are revealed to be gay. (Chart courtesy of Servicemembers United DADT Archive)
* The full title of the policy is "Don't Ask, Don't Tell, Don't Pursue, Don't Harass." This means that commanders cannot ask troops regarding their sexual orientation, troops must not divulge if they are gay, lesbian, or bisexual, and "witch hunt" pursuits and harassment of a suspected gay troop is prohibited. (We all know how well that translates in reality.) "Telling" is constituted by admission of homosexuality to anyone, regardless of intent to act on it or not, a homosexual act, or marriage or attempted marriage to a person of the same gender.
* H.R. 1283, the Military Readiness Enhancement Act, was re-introduced in the House in March 2009. The Senate version was S.3065. On May 27, 2010, the House of Representatives adopted an amendment to the National Defense Authorization Act (NDAA) of Fiscal Year 2011 (FY2011) by a vote of 234 to 194 that would lead to the repeal of DADT. The amendment did not mandate repeal; rather, it allowed for repeal if the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff certify that repeal will not harm the military. On December 15, 2010 the House passed a standalone bill matching the NDAA amendment language 250-175. On December 18, the Senate passed the House’s stand-alone DADT bill, 65-31. On December 22, President Obama signed the bill allowing for DADT repeal into law. On July 22, 2011, SECDEF Leon Panetta, CJCS Admiral Mike Mullen, and President Obama "certified" repeal, kicking off the additional 60-day waiting period. As of today, "Don't Ask, Don't Tell" remains in place.
A recent history of the fight over "Don't Ask Don't Tell" is below the fold. It is my hope that this comprehensive timeline of actions from the White House, the Pentagon, Congress, activists, advocates, and opponents will illuminate the past and ongoing war to get DADT repealed.
As of September 20, 2011, "Don't Ask, Don't Tell" is finally repealed. However, transgender servicemembers still cannot serve. LGB servicemembers are not protected by nondiscrimination policies, or fall under Command Managed Equal Opportunity, nor can their same-sex partners be recognized or cared for as heterosexual spouses can. Finally, because the "trigger repeal" law mandates open service at the pleasure of the Commander-in-Chief, future Presidents or Pentagon leadership can reinstate the policy at will, unless the ban is declared unConstitutional.
2006: Rep. Marty Meehan (D-MA) introduces the Military Readiness Enhancement Act to the 109th Congress. The bill garners 121 co-sponsors, only four of whom are Republicans. A Zogby International poll reveals that 73% of active duty troops are comfortable with the idea of serving with gay people, and one quarter of those who served in Iraq or Afghanistan personally knew someone in their unit who was gay or lesbian. The Army discharges 280 personnel under DADT, the Air Force discharges 102, the Navy discharges 166, and the Marine Corps discharges 64.
January 2007: Former Chairman of the Joint Chiefs of Staff (CJCS), General John Shalikashvili, calls for repeal of the ban on gay servicemembers in a New York Times Op-ed.
March 2007: Marine Corps General Peter Pace, the current CJCS, makes comments to the Chicago Tribune, that, in his opinion, homosexuality is wrong, immoral, and comparable to adultery, saying, "I do not believe the United States is well-served by a policy that says it is OK to be immoral in any way." Gen. Pace is not re-nominated by Secretary of Defense (SECDEF) Robert Gates for the position for unrelated reasons, and retires seven months later.
March 2007: A Blue Ribbon Commission made up of economists and defense leaders, including former SECDEF William Perry, concludes that DADT has cost American taxpayers over $363 million since 1994 to present. This figure does not include the money spent to train the replacements of the men and women discharged under the policy.
June 13, 2007: Rep. Ellen Tauscher (D-CA) becomes the lead sponsor of the Military Readiness Enhancement Act, assuming the lead from Rep. Meehan in anticipation of his July retirement from Congress.
July 2007: During his confirmation for the position of CJCS, ADM Mike Mullen states that he supported the ban initially, but was open to hearing Congress debate it.
July 2007: A CBS news investigation finds that the Army is so desperate for recruits that it issued 8,000 criminal conviction waivers. At least 100 of those were waivers for felony violent crime and drug convictions.
August 2007: In a joint HRC-LOGO forum for Presidential candidates, all the Democratic candidates state their support for repeal of the ban.
September 26, 2007: When asked by Sen. Tom Harkin (D-IA), Gen. Pace reiterates his March remarks during a Senate Appropriations Committee hearing on the 2008 Defense budget, saying, "We should respect those who want to serve the nation, but not through the law of the land condoning activity that, in my upbringing, is counter to God's law."
November 29, 2007: Presidential candidate Barack Obama makes the following statement to HRC regarding the ban:
I will work for a full repeal of Don’t Ask/ Don’t Tell. That work should have started long ago. It will start when I take office. America is ready to get rid of the Don’t Ask/ Don’t Tell policy. All that is required is leadership.
November 30, 2007: A letter to Congress urging repeal of the policy is signed by 28 retired Admirals and Generals.
December 2007: The Army discharges 302 personnel under DADT, the Air Force discharges 91, the Navy discharges 166, and the Marine Corps discharges 68 in 2007.
April 2008: In an interview with the Advocate magazine, Presidential candidate Barack Obama states that he would not require his nominees for the JCS positions to support lifting the ban. The statement is met with trepidation by Servicemembers Legal Defense Network (SLDN). HRC president Joe Solmonese said his organization did not question Obama's commitment to ending the policy.
May 21, 2008: The 9th Circuit rules in Air Force Maj. Margaret Witt's case, stating that, while LGBT servicemembers' 14th Amendment rights are not violated, the DOD must apply intermediate scrutiny and determine whether a servicemember really is hazardous to good order and discipline before discharging him or her under Title X, Chapter 654. This ruling creates what is now known as "the Witt standard." The DOD ignores the 9th Circuit's ruling, and continues to discharge LGBT servicemembers without heightened scrutiny.
June 2008: Barack Obama's list of running mate candidates includes former Georgia Democratic Senator Sam Nunn, who, as chairman of the Senate Armed Services Committee, led the Senate charge in 1993 to enforce the ban. As part of the vetting process, Nunn attempted to soften his previous stance, stating that it would be appropriate for Congress to "revisit the matter."
June 10, 2008: The Army discharges SGT Darren Manzella, a decorated combat medic who was re-deployed to Iraq after revealing his sexual orientation to his commander following receipt of threatening emails. That same day, Judge Jeffrey R. Howard of the U.S. Court of Appeals for the First Circuit affirms a 2006 decision by a lower court judge to dismiss a lawsuit from twelve former military members discharged under the policy. The plaintiffs claimed that the policy violated their Constitutional right to due process and equal protection. The Federal Court system disagreed.
June 12, 2008: House Armed Services Personnel Subcommittee Chair Rep. Susan Davis (D-CA) states her intention to convene hearings on the policy before the end of the year. Speaker Nancy Pelosi states her support for the creation of a panel of military experts to study the issue.
June 23, 2008: The NYT publishes the results of a study done by SLDN exposing how DADT disproportionately targets women. Women make up 14% of Army personnel, but were 46% of those discharged. In the Air Force, women make up 20% of personnel, but constituted 49% of discharges. SLDN was unable to interview women as to why they were targeted at such a high rate and had to rely instead on documents released under Freedom of Information Act (FOIA) requests. Pentagon officials would not comment on why the numbers for women were so high.
July 2008: In an interview with the Military Times newspaper network, Senator Barack Obama suggests that he would move slowly on the issue, saying, "Precisely because I have not served in uniform, I am somebody who strongly believes that I have to earn the trust of the men and women in uniform."
July 19, 2008: A Washington Post-ABC News poll conducted among 1,119 adults from July 10th - 13th revealed that 75% of Americans believe that LGBT people should be allowed to serve openly.
July 23, 2008: The House Armed Forces Subcommittee on Personnel holds hearings on Title 10, Chapter 654 (DADT). Marine Sgt. Eric Alva testifies in support of repeal; Sgt. Alva was the first casualty of the 2003 Iraq invasion, losing his leg when he stepped on a landmine. Retired Navy Captain Joan Darrah, and retired Army Major General Vance Coleman also testify in support of repeal. Elaine Donnelly testifies in opposition to repeal, and is widely mocked by the national media for her comments. No Pentagon officials testify at the hearing. Rep. Chris Shays (R-CT) says, "I think that 'Don't Ask Don't Tell' policy is unpatriotic. I think it's counterproductive. In fact, I think it is absolutely cruel." A former Army officer, Rep. Patrick Murphy (D-PA) calls the policy an insult to him and the soldiers with whom he served. Rep. Joe Sestak (D-PA), a retired Navy Vice Admiral and former Deputy Chief of Naval Operations, reiterates his staunch opposition to the policy.
September 18, 2008: In an interview with Mark Segal of the Philadelphia Gay News, Barack Obama backtracks on his earlier statement of "all that is required is leadership," stating that if elected President he would not try to repeal the ban on his own, and would not use an executive order, or a signing statement on a military spending bill, a process that then-President Bush had used to set other military policies:
I want to make sure that when we revert 'Don't Ask Don't Tell,' it's gone through a process and we've built a consensus or at least a clarity of what my expectations are so that it works. My first obligation as the President is to make sure that I keep the American people safe and that our military is functioning effectively. Although I have consistently said I would repeal 'Don't Ask Don't Tell,' I believe that the way to do it is to make sure that we are working through a process, getting the Joint Chiefs of Staff clear in terms of what our priorities are going to be.
In the same interview, Obama also declined to commit to have his Attorney General support a lawsuit overturning DOMA, stating that he's not sure DOMA would be overturned by the courts, and that he preferred a legislative solution.
January 2009: Army 2LT Sandy Tsao, who is being discharged under the policy, receives a handwritten note from her Commander-in-Chief telling her that 'Don't Ask Don't Tell' should be ended.
January 2009: The Obama Justice Department files a brief with the U.S. Supreme Court, requesting that it refuse to hear the cases of Air Force MAJ Margaret Witt and Army CPT James Pietrangelo's challenge to the statute. The Judiciary subsequently dismisses MAJ Witt and CPT Pietrangelo's cases.
February 11, 2009: Kansas Army National Guard officer and OIF veteran Amy Brian is discharged under the policy after a civilian co-worker claims she saw her kissing her another woman in line at a Wal*Mart. Amy Brian is the first soldier discharged by the Kansas National Guard under DADT.
March 3, 2009: Rep. Ellen Tauscher re-introduces the Military Readiness Enhancement Act to Congress with 112 co-sponsors.
March 3, 2009: Huffington Post reports that President Obama has begun consulting his top advisers on how to end DADT. Exactly one year later, testimony from General Ham, Undersecretary Stanley, and Counsel Jeh Johnson will prove that claim false.
March 29, 2009: When inquired about official efforts to end the ban, Bush holdover SECDEF Robert Gates tells Chris Wallace on FOX News Sunday, "I think the President and I feel like we've got a lot on our plates right now, and let's push that one down the road a little bit."
May 12, 2009: Army LT Dan Choi writes an open letter to Congress and his CINC begging not to be discharged, saying:
As an infantry officer, I am not accustomed to begging. But I beg you today: Do not fire me. Do not fire me because my soldiers are more than a unit or a fighting force – we are a family and we support each other. We should not learn that honesty and courage leads to punishment and insult. Their professionalism should not be rewarded with losing their leader. I understand if you must fire me, but please do not discredit and insult my soldiers for their professionalism.
When I was commissioned I was told that I serve at the pleasure of the President. I hope I have not displeased anyone by my honesty. I love my job. I want to deploy and continue to serve with the unit I respect and admire. I want to continue to serve our country because of everything it stands for.
Please do not wait to repeal Don’t Ask, Don’t Tell. Please do not fire me.
May 20, 2009: Pentagon spokesman Geoff Morell states that the Pentagon has no plans to, and has not been asked to plan for the repeal of the ban. Air Force LtCol Victor Fehrenbach, a decorated 18-year fighter weapons systems officer, appears on the Rachel Maddow show to discuss his impending discharge under DADT. LtCol Fehrenbach was outed after he was falsely accused of raping a man; the same man has a criminal background and has made fraudulent claims that he was an Air Force Office of Special Investigations informant. President Obama states, "I know that every day that passes without a resolution is a deep disappointment to those men and woman who continue to be discharged under this policy."
May 2009: The Obama Justice Department,led by Solicitor General Elena Kagan, files a brief with the U.S. Supreme Court, requesting that it refuse to hear the case of Army CPT James Pietrangelo's challenge to the statute, saying that a lower court "properly upheld" DADT and that it is "rationally related to the government's legitimate interest in military discipline and cohesion." SCOTUS denies certiorari on June 8th, ending CPT Pietrangelo's case.
June 5, 2009: A Gallup poll reveals that nationally, 69% of adults favor repeal of DADT, a 6% increase from only five years ago. Among self-described conservatives and weekly churchgoers, the number had risen 12% since 2004.
June 9, 2009: Judge Virginia Phillips denies the Obama Justice Department's attempt to dismiss the Log Cabin Republicans' lawsuit challenging the DADT policy as unconstitutional.
June 22, 2009: Led by Rep. Alcee Hastings (D-FL), 77 members of the House of Representatives write an open letter to President Obama, calling for the leadership he promised during his campaign to repeal 'Don't Ask Don't Tell.'
June 29, 2009: At a hastily thrown-together soiree at the White House to "celebrate" the 40th anniversary of the Stonewall riots, LtCol Fehrenbach's CINC tells him, "We'll get this done," regarding DADT.
June 30, 2009: The four-member Federal Recognition Board of Army officers in Syracuse, NY recommends the discharge of 1LT Dan Choi.
June 30, 2009: SECDEF Robert Gates claims that Pentagon lawyers are trying to make the law, "more flexible, more humane" until it is changed.
June 30, 2009: U.S. Navy SN August Provost is murdered at the front gate of Camp Pendleton. His boyfriend, Kaether Cordero, finds out about it from the media.
July 13, 2009: In an interview with CNN's Anderson Cooper, President Obama admits he could sign an executive order freezing investigations and discharges under DADT via the Executive power of "stop-loss" - and then admits he has chosen specifically not to do so, stating it is Congress's responsibility to change the law.
July 15, 2009: Freshman Democratic Senator Kirsten Gillibrand proposes an amendment to the Defense Authorization Bill for FY2010 which would put an 18-month moratorium on inquiries, investigations, or discharges of troops under Don't Ask Don't Tell. In a press conference, Harry Reid reveals that he is unaware of his own caucus member's proposed amendment. Sen. Reid attached the Matthew Shepard Act to the Defense bill, which later passed in its entirety.
July 16, 2009: LT Dan Choi introduces the film Silent Partners at its local premiere in Los Angeles. The film is part of Brave New Films' series "In Their Boots," which examines the effects of the wars in Iraq and Afghanistan on troops and their families. Silent Partners is the story of three closeted partners of gay and lesbian active servicemembers.
July 20, 2009: SECDEF Robert Gates announces a troop increase of 22,000 personnel is needed to fulfill mission requirements in Iraq and Afghanistan.
July 27, 2009: Sen. Gillibrand, citing a lack of support for her proposed amendment, drops the proposal but secures a commitment from the Senate Armed Service Committee Chair Carl Levin (D-MI) for hearings on repeal of the policy in October. Rep. Alcee Hastings proposes an amendment to the 2010 Defense Bill prohibiting the use of Defense Department funds for investigations or discharges of personnel under DADT.
July 29, 2009: Under pressure from the Obama White House, Rep. Hastings withdraws his proposed amendment. In a press release concerning the withdrawal, Rep Hastings states:
Due to pressure from some of my Congressional colleagues and from the White House, I have withdrawn my amendment. I would, however, like to note that it is most unfortunate that we are not addressing Don’t Ask, Don’t Tell at this time...
I continue to hear the phrase, ‘next year, next year’ with regard to repealing Don’t Ask, Don’t Tell. That is absurd. This law is plain wrong. It is wrong now and it will be wrong then.
September 2009: The Ninth Circuit Court of Appeals reverses a lower court's ruling regarding Air Force combat flight nurse Major Margaret Witt's challenge to the ban. Previously dismissed at the behest of the Obama Administration, the case is scheduled to go forward in September 2010, with the focus on requiring proof from the government that MAJ Witt's presence constitutes a threat to unit cohesion. MAJ Witt and CPT Pietrangelo's earlier claim that the ban is a violation of the Equal Protection and Due Process clauses had been dismissed due to the Bush and Obama DOJ's insistence that the military is exempt from such scrutiny.
October 8, 2009: CBS news reports that women make up one third of all discharges under DADT, despite accounting for only 15% of the armed forces.
October 20, 2009: Sen. Gilibrand reportedly meets with Pentagon officials concerning repeal plans, but no information concerning the discussion is reported.
October 23, 2009: Sen. Carl Levin's office announces that the hearings on DADT, originally scheduled for October at Sen. Gillibrand's request, have been pushed back to November.
October 25, 2009: The Army Times reports that former Rep. John McHugh, in his nomination hearings for the Obama Administration's Army Secretary, suggests that if DADT were repealed, that gay and lesbian servicemembers could serve in segregated jobs and units.
November 13, 2009: In a LTE of the Army Times, 2008 West Point graduate 2LT Shawn Goodwin states that, "The integrity of our Army values remains compromised so long as we tolerate open discrimination against homosexuals."
November 19, 2009: Marine General Clifford Stanley, nominated by President Obama for Undersecretary of Defense for Personnel and Readiness, states in his confirmation hearings that he has no position on DADT, and will rely on input from commanders for his recommendations.
November 24, 2009: Sen. Carl Levin's office announces that the promised hearings, which had been pushed back to November, have been delayed until 2010. Sen. Levin cites the SASC's need to focus its energy on inquiries into the November 5th Fort Hood shootings, but reiterates that the delay should not be construed as an effort to avoid the issue.
November 24, 2009: Federal District Court Judge Virginia Philips denies the Obama Justice Department's motion to stay proceedings and block discovery in the Log Cabin Republicans' challenge to DADT. In her ruling, Judge Phillips confirmed that the government informed the Court that, despite the President’s and Congress’ recent statements questioning the wisdom of the policy, “its instructions to defend the case had not changed.” This was the second DADT court challenge that the Obama Administration had attempted to block. The case is expected to go to trial in June 2010. One of the plaintiffs in the case is Alex Nicholson, executive director of Servicemembers United, an advocacy group dedicated to ending the ban. Nicholson is a multilingual former human intelligence collector who was discharged under DADT.
December 1, 2009: President Obama announces a planned troop increase of 30,000 personnel for operations in Afghanistan.
December 3, 2009: Rep. Alcee Hastings introduces a bill that would grant immunity to gay and lesbian soldiers who testify at Congressional hearings concerning DADT. The bill has 27 co-sponsors, but is never taken up by the House.
December 16, 2009: The Hill reports that House Speaker Nancy Pelosi has instructed her fellow Democrats to not take up any "controversial" legislation unless the Senate acts on it first. This includes a repeal of DADT. Freshmen Representatives receive her message with wide approval. A House leadership aide confirms that the House will not act on DADT without movement in the Senate first, making the Presidential bully pulpit all the more critical.
December 31, 2009: Based on statistical trends of an average of 2 discharges per day, the Armed Forces have forcibly separated 594 personnel since the day President Barack Obama took office on January 20, 2009.
January 13, 2010: Sen. Carl Levin, Chairman of the Senate Armed Services Committee, announces that Senate hearings on DADT will be held at the end of January.
January 14, 2010: Legal advisers to ADM Mike Mullen, the Chairman of the Joint Chiefs of Staff, advise him to push for a delay in the start of the repeal process. They suggest that the Pentagon should wait until late summer 2011 to send a proposed replacement law to Congress, expecting that a vote on DADT repeal would not happen until 2012.
January 15, 2010: Rep. Ike Skelton opposes any effort to repeal DADT. Skelton was a key architect of the law in 1993.
January 25, 2010: The White House requests that Sen. Carl Levin postpone Senate hearings on DADT.
January 27, 2010: President Barack Obama makes the following statement in the State of the Union Speech: "This year I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are. It's the right thing to do."
February 1, 2010: White House advisors, including Deputy Chief of Staff Jim Messina, meet with LGBT advocacy groups regarding DADT repeal. Servicemembers Legal Defense Network is shut out of that meeting, in which White House representatives say that repeal would not be included in the President's recommendations for the Defense Authorization Bill, effectively shutting down Presidential support for repeal despite President Obama's promise at the SOTU.
February 2, 2010: The Senate Armed Services Committee holds its first DADT repeal hearing. SECDEF Robert Gates comes out in support of repeal. Chairman of the Joint Chiefs of Staff ADM Mike Mullen states his full personal support of repeal, calling it a matter of integrity. Both men caution the SASC that a year-long study and review of the matter is needed before proceeding.
February 3, 2010: Colin Powell, in a 180 degree turn, issues a statement in support of DADT repeal. As CJCS in 1993, Powell was instrumental in preventing Congress and then-President Clinton from overturning the ban on gays serving openly in the military.
February 22, 2010: When questioned, White House Press Secretary Robert Gibbs again refuses to say whether the White House supports DADT repeal in 2010. Sen. Joseph Lieberman (I-CT), a member of the Senate Armed Services Committee, announces his intent to sponsor DADT repeal legislation. CBS news had previously reported that the White House had been working with Lieberman to introduce the legislation. The reaction to Lieberman being the "point man" on DADT is mixed, largely due to his record of alienating both Democrats and Republicans in the Senate.
February 23, 2010: Army Secretary John McHugh and Army Chief of Staff George Casey testify before the SASC concerning the FY2011 defense budget, including items relevant to DADT repeal. Air Force Chief of Staff Norman Schwartz testifies before the HASC regarding the same matters. Both men report that they are ready and willing to work within the framework for repeal set out by the SECDEF and CJCS.
February 25, 2010: At a Senate Armed Services Committee hearing representatives of the Department of the Navy testify regarding DADT. SECNAV Ray Mabus and Chief of Naval Operations ADM Gary Roughead both reply that they will carry out whatever the law of the land is. However, ADM Roughead also states that the force must be surveyed, because American sailors have different beliefs and attitudes than sailors from other countries.
February 25, 2010: D.C. Agenda reports that Senator Carl Levin, chair of the Senate Armed Services Committee, says that he does not have the votes for full repeal and would rather push for a moratorium on discharges.
March 3, 2010: Sen. Joe Lieberman (I-CT), introduces S. 3065, the Senate version of HR. 1283, the Military Readiness Enhancement Act. Rep. Jim Moran (D-VA 8) holds a press conference to spotlight the human impact of DADT, and highlight the need for repeal. Sen. Carl Levin states again that he doubts full repeal is possible, but would push for a moratorium on discharges.
March 3, 2010: The House Armed Services Committee holds a hearing on DADT. During the hearing, General Ham, Undersecretary Stanley, and Counsel Jeh Johnson admit that they only recently were directed to begin a study on how to implement DADT repeal, and not a year previous as the Obama Administration had been claiming. Rep. Joe Wilson insists that the data will be fudged in favor of repeal, using the phrase "cook the books to the President's desires." Rep. Murphy and other Democrats repeatedly insist that a vote on repeal can be taken while the Pentagon study is conducted, with implementation delayed until the study is complete.
March 4, 2010: At a Senate Armed Services Committee hearing, Air Force Secretary Michael Donley says that he is in favor of DADT repeal. Air Force Chief of Staff Gen. Norton Schwartz, using the "we're in the middle of two wars" argument, states that he is not in favor of any change at the current time, changing the answers he gave to the House on February 23.
March 10, 2010: Senate Majority Leader Harry Reid tells Joe Sudbay that the Senate is considering adding DADT repeal language to the Defense Authorization Bill in committee, or by adding an amendment on the floor.
March 15, 2010: In an interview with Kerry Eleveld Rep. Barney Frank admits that the White House does not want DADT repealed in 2010.
March 15, 2010: In comments to John Aravosis, Speaker Nancy Pelosi states that "DADT, we're just waiting for the [Pentagon] report back on that...they should move it quicker because it's a wrong policy, it's a discriminatory policy." She would support a moratorium on discharges pending repeal, but that DADT repeal depends on the Senate timetable. She also states ENDA has higher priority for passage in the House than DADT repeal does.
March 15, 2010: A poll conducted by the Vet Voice Foundation finds that over 70% of Iraq and Afghanistan war veterans have no problems serving with openly gay and lesbian troops, and that troops under age 35 in particular are over 80% in favor of open service.
March 18, 2010: The Air Force sends out a letter polling Airmen and their (heterosexual) spouses on their opinions about DADT.
March 18, 2010: At a Senate Armed Services Committee hearing on DADT, Servicemembers United provides testimony from active duty gay and lesbian servicemembers and their families as to the human impact of DADT. The testimony becomes part of the Congressional record. (Link opens as .pdf)
March 18, 2010: LT Dan Choi and CPT Jim Pietrangelo, in an act of civil disobedience, handcuff themselves to the White House fence to protest DADT and the inaction on it. Choi, Pietrangelo, and GetEqual's Robin McGehee are all arrested. Choi is denied counsel or a phone call while in jail.
March 19, 2010: Choi and Pietrangelo are arraigned in Federal Court, both pleading not guilty, and a trial date is set for April 26. Activists who showed up in support are prevented from recording the procedures; several had their digital cameras confiscated and files deleted, despite no postings prohibiting photography or filming in the courthouse. Choi pledges further direct action.
March 23, 2010: Lawrence Korb of the Center For American Progress reports that the Pentagon "study" is primarily whether DADT should be repealed at all, not how to implement an inevitable repeal. "Now, I get the impression — based upon looking outside and talking to people — that a lot of the people are not convinced that this needs to be repealed and really think it’s their mission to even examine this."
March 25, 2010: SECDEF Robert Gates announces a "more humane" DADT in which information about a suspected gay servicemember from clergy, medical personnel, and mental health counselors is inadmissible as evidence of homosexuality. The new "relaxed rules" do not include the application of the Witt Standard. SECDEF also tells reporters that he does not support repeal of DADT in 2010.
March 27, 2010: Marine Corps Commandant James Conway says that he would support segregated barracks if DADT were repealed.
March 29, 2010: The Obama Department of Justice files a brief in District Court in Log Cabin Republicans v. U.S.A. and Robert Gates. Obama's Justice Department calls DADT "Constitutional," argues that the law meets only rational basis for review (which contradicts the 9th Circuit's Witt Standard ruling), and argues that Congress was correct in its assessment that homosexuality is incompatible with military service. The brief also grossly misrepresents research done on the policy by Palm Center experts Nathaniel Frank and Aaron Belkin. In response, the Log Cabin Republicans prepare new depositions from both Frank and Belkin.
April 12, 2010: In an interview with Karen Ocamb of LGBT POV, Rep. Barney Frank states, "At this point – the President’s refusal to call for repeal this year is a problem.”
April 13, 2010: House Majority Leader Steny Hoyer tells the Advocate magazine that the House is waiting on instructions from the Pentagon on how to proceed with DADT repeal, that the White House had not called for repeal legislation, and that there was no timeline for repeal legislation in place.
April 14, 2010: John Aravosis and Joe Sudbay report that the White House Congressional liaison office is telling House members to not vote on DADT this year. The White House claims their information is false.
April 15, 2010: House Majority Leader Steny Hoyer states that the House has no plans to include DADT repeal in the Defense Authorization Bill for FY2011.
April 19, 2010: Ben Smith of Politico reports that the White House is quietly pressuring Congress to delay a vote on DADT until after the midterm elections. SLDN's Aubrey Sarvis writes an open letter to the President asking for leadership and a vote before the midterms.
April 19, 2010: While at a fundraiser for Sen. Barbara Boxer (a co-sponsor of S.3065), President Obama's speech is interrupted by hecklers from GetEqual demanding that DADT repeal be included in the Defense Authorization Bill. His uncharacteristic flash of anger is noted by the media.
April 20, 2010: In partnership with GetEqual, Navy FC1 Autumn Sandeen (Ret.), LT Dan Choi, CPT Jim Pietrangelo, Cadet Mara Boyd, Cpl. Evelyn Thomas, and PO1 Larry Whitt chain themselves to the White House fence in protest of both DADT and the Obama Administration's lack of action in pressuring Congress to repeal it. In a highly unusual move, park police chase reporters out of the park, claiming it is closed to the public, making it nearly impossible for media to cover the protest. Autumn Sandeen, a transgender woman, is is singled out for dehumanizing and discriminatory treatment by police. Dan Choi will later be ordered by the judge at his trial to stay away from the White House.
April 20, 2010: While aboard Air Force One enroute Washington D.C. from Los Angeles, Deputy Press Secretary Bill Burton refuses to say whether the White House is committed to DADT repeal in 2010.
April 21, 2010: David Mixner reports on growing concern amongst members of Congress and their aides over potential negative electoral effects should DADT not be repealed by the midterms.
April 21, 2010: The Denver Post reports on members of Congress who, frustrated with the White House's opposition to DADT repeal in 2010, are working to include repeal language in the Defense Authorization Bill.
April 21, 2010: In the day's press briefing, Robert Gibbs admits that the President opposes repeal before completion of the Pentagon's "study," which is not scheduled to be completed until December 2010, after midterm elections.
April 22, 2010: The final discharge numbers for active duty personnel are released for fiscal year 2009. 443 active duty service members were discharged under DADT in FY 2009. This number does NOT include those Reserve or National Guard personnel (like Dan Choi and Amy Brian), who were investigated and discharged under the policy.
April 26, 2010: Servicemembers Legal Defense Network launches "Stories From the Front Lines," a project to bring to light the human impact of DADT via letters from active duty, veterans, and family member to President Obama.
April 26, 2010: Five members of the direct action group HERO stage a sit-in at John McCain's Phoenix office in support of DADT repeal.
April 30, 2010: Late on a Friday afternoon, in a letter to Rep. Ike Skelton SECDEF Robert Gates and CJCS ADM Mullen state that they do not want repeal legislation to be introduced to Congress until a study can be completed. The White House scrambles to appear supportive of repeal while still deferring to the military. Speaker Pelosi issues a statement in response calling for the Obama Administration to put a moratorium on investigations and discharges pending repeal.
May 2, 2010: Howard Dean joins GetEqual and QueerRising at a protest in front of the White House. He calls on Sen. Carl Levin to include repeal in the NDAA. Six civilians from GetEqual and QueerRising chain themselves to the White House fence and are arrested. Dan Choi, while remaining across the street in Lafayette Park to comply with his judicial order, leads the chants.
May 3, 2010: Rep. Patrick Murphy, in an interview with Advocate magazine, tells readers that he and pro-repeal Congresspersons were blindsided by Gates' April 30 letter.
May 5, 2010: Robert Gibbs once again refuses to state whether the President is committed to repeal of DADT in 2010.
May 11, 2010: Servicemembers United hosts a Lobby Day for veterans and advocates to meet with members of Congress and their staff in support of DADT repeal.
May 14, 2010: Servicemembers Legal Defense Network reports that the White House transmittal of the President's defense agenda items to Congress does not include language for repeal of DADT.
May 19, 2010: House Armed Services Committee Chair Ike Skelton (D-MO) confirms that DADT repeal will not be included in the FY2011 NDAA. Sen. Carl Levin says that he will push forward with including repeal language in the Senate version of the bill, but only if he can get the votes in Committee during markup next week. Sen. Ben Nelson (D-NE), a committee member, says he will vote against repeal in committee.
May 21, 2010: Advocacy group Servicemembers United finds an additional 630 DADT discharges previously not counted by the Defense Manpower Data Center because they were Guard and Reserve discharges. Alex Nicholson, Executive Director of Servicemembers United, reveals in an interview with Mike Signorile that he was at the meeting at the White House on February 1, and that neither the White House nor the SECDEF wanted repeal to be completed in 2010.
May 24, 2010: Kerry Eleveld reports on meetings at the White House and Capitol Hill which appears to clear the way for a bill allowing for DADT repeal. Sen. Lieberman and Levin, and Rep. Patrick Murphy send a letter to the White House asking for the President's official views. In response, the compromise legislation would allow for repeal pending certification from the President, SECDEF, and CJCS. It does not include a provision for LGB troops to be covered under a nondiscrimination or Equal Opportunity policy, leaving future Presidents or Pentagon leadership the option to reinstate the ban on gay and lesbian servicemembers. There is nothing in the legislation that says repeal must happen. It is not a statutory repeal, but a trigger repeal leaving the decision in the hands of the military.
May 25, 2010: Kip Williams of GetEqual heckles President Obama at a fundraiser for Sen. Barbara Boxer, yelling at him to stop the discharges and move on DADT repeal. He is arrested and cited for disturbing the peace.
May 25, 2010: Rep. Susan Collins (R-ME) becomes the first Senate Republican to support DADT repeal. Sen. Ben Nelson (D-NE), previously against repeal, shortly thereafter announces his position has changed and he, too, will support the compromise language.
May 27, 2010: The House of Representatives adopts an amendment to the National Defense Authorization Act (NDAA) by a vote of 234 to 194 that would lead to the repeal of DADT. The Senate Armed Services Committee adds an identical provision in the bill it reported to the Senate the same day. Both chambers pass the amendments. The amendments are the provisional compromise language allowing the Pentagon to have the final say on whether to repeal DADT or not. There is no language mandating nondiscrimination policies or inclusion of LGB troops in the Equal Opportunity category. The compromise is lauded by A-list lobby organizations and decried as weak by activist and veterans groups.
June 7, 2010: The advocacy group Citizens For Repeal sends a letter to the Pentagon asking for gay and lesbian troops to be heard during the "study" without fear of retribution. They reason that the Comprehensive Review Working Group (CRWG), while surveying troops about their ability to serve with LGB soldiers, will not hear from those most affected by the policy - the troops serving in silence under it.
June 9, 2010: The Pentagon reiterates that investigations and discharges of LGB personnel will continue under President Obama while awaiting DADT repeal.
June 11, 2010: Screenshots of the CRWG's electronic survey dropbox are shown to be nonconfidential, accessible only by a DOD Common Access Card (CAC). This eliminates the chance of LGB troops being surveyed without retaliation.
June 24, 2010: In an article at Talking Points Memo, ADM Mike Mullen emphasizes that investigations and discharges will continue. His statement that only troops who out themselves will be investigated is refuted by Servicemembers Legal Defense Network Aubrey Sarvis, who later states that his organization is still receiving calls for help from servicemembers who are being investigated after third-party outings. Previous guidance from SECDEF stated that only a one-star general or admiral could authorize an investigation, that third-party outings were no longer admissible, and statements to clergy or medical personnel were confidential.
June 29, 2010: LT Dan Choi's discharge from the National Guard is quietly finalized. He will not get official word until July 22.
July 7, 2010: Pentagon spokesman Geoff Morell responds to criticism of the survey, then suggests openly gay and lesbian troops could live in segregated facilities.
July 9, 2010: The Palm Center releases the survey (opens as pdf) being sent by the Pentagon to troops. The survey's derogatory language and design is condemned by advocacy groups. The survey, sent to 400,000 active duty troops and their families, cost $4.4 million. Alex Nicholson, Executive Director of Servicemembers United, said, "It is simply impossible to imagine a survey with such derogatory and insulting wording, assumptions, and insinuations going out about any other minority group in the military."
July 12, 2010: Geoff Morell attempts to walk back his comments about segregated barracks, and instead uses the term "facilities adjustments."
July 14, 2010: The charges against Lt Dan Choi and CPT Jim Pietrangelo for their actions in March and April on the White House fence are dropped.
July 20, 2010: AmericaBlog's John Aravosis, a gay activist, takes the DOD's online gays-in-the-military survey three times, proving that it can be compromised, and is neither confidential nor effective.
July 22, 2010: ThinkProgress examines surveys of the force conducted in the 1940s about racial integration of the military, noting that for example, over 80% of Air Force officers and enlisted were against mixing "negroes" and whites in training situations and in the barracks. The military was integrated anyway.
July 24, 2010: Joan McCarter delivers Dan Choi's West Point ring and a letter to Sen. Harry Reid at Netroots Nation 2010, prompting an emotional scene wherein Sen. Reid promises that DADT repeal will be completed. Sen. Reid also send a letter (opens as pdf) to President Obama asking for his leadership in getting DADT repealed.
July 26, 2010: The advocacy group Citizens For Repeal reorganizes itself as Outserve, the largest network of active duty LGBT troops in America.
August 10, 2010: West Point Cadet Katie Miller publicly tenders her resignation, stating that adhering to policy means compromising her integrity and lying to her classmates, which is against West Point's honor code.
August 11, 2010: LtCol. Victor Fehrenbach sues to block his DADT discharge, claiming that his case should be decided under the 2008 Witt Standard. The Witt Standard says that the burden of proof is upon the military to show that the LGB servicemember is a hazard to good order and discipline, and that discharge is contingent upon meeting this burden of proof.
August 16, 2010: The Palm Center releases a study (opens as .pdf) showing that the military is continuing to discharge mission-critical personnel under DADT, and that women and ethnic minorities still bear the brunt of investigation and discharge.
August 18, 2010: The Pentagon announces that it will survey the spouses of active duty personnel on their views on DADT repeal. The survey is shown to contain the same derogatory and inflammatory language of the first survey.
August 24, 2010: Marine Corps Commandant Gen. James Conway reiterates his desire for segregated barracks for openly gay Marines.
August 30, 2010: Outserve announces the creation of regional and base chapters around the world.
September 2010: A study (opens as .pdf) released by the Williams Institute shows the disparate effect of DADT on women and ethnic minorities. In the late 1990s approximately a quarter of discharges were women and similar proportions were racial/ethnic minorities. In recent years, those proportions have increased to more than a third of the DADT discharges. Although women made up 15% of the armed forces in 2008, 34% of service members discharged were women. Non-white active duty service members represent 29.4% of the total military population, but comprised 45% of all DADT discharges in 2008.
September 9, 2010: Federal judge Virginia Phillips rules that DADT is unconstitutional, violating the 1st and 15th Amendments. Attorney for the Log Cabin Republicans Earle Miller files a request for Judge Phillips to permanently lift the ban.
September 15, 2010: "Silent Partners" of active duty closeted servicemembers take part in a secret meeting with members of the Pentagon's CRWG, including Jeh Johnson, to discuss what life is like under DADT. It is the closest those living under the policy can come to being heard from directly. Sources at advocacy groups will later reveal that this meeting changed the course of the Pentagon study to be in favor of repeal.
September 17, 2010: Sen. Harry Reid files for cloture on the NDAA, which contains the language allowing for repeal of DADT.
September 20, 2010: Lady Gaga stages a rally in Portland, Maine in support of DADT repeal, calling on her fans, also known as "little monsters," to call Maine Republican Senators Snowe and Collins and urge them both to vote for the NDAA with repeal language attached. Sen. Snowe refuses to vote for repeal prior to the Pentagon study.
September 21, 2010: Senate Democrats fail to break the Republican filibuster of the NDAA, which includes DADT, by a vote of 56-43. The filibuster is led by Senator John McCain (R-AZ). Harry Reid attempts to limit amendments to the NDAA to three: DADT repeal, the DREAM act, and a procedural amendment, guaranteeing the bill's failure. According to White House sources, President Obama did not lobby any Senators to break the filibuster, instead calling the WBNA champions to congratulate them on their win. Despite calls by advocacy groups and pro-repeal Congresspersons, the Commander-in-Chief does not put an executive moratorium on investigations and discharges in the wake of the failed vote.
September 23, 2010: The Obama DOJ files a request in Federal Court for Judge Phillips to continue enforcement of the ban, limiting the scope of action only to the Log Cabin Republicans involved in the suit Log Cabin Republicans vs. United States of America.
September 24, 2010: Congressman Jared Polis and 68 other members of the House of Representatives send a letter (opens as .pdf) to President Obama asking him to stop appealing Judge Phillip's ruling and allow DADT to end.
October 4, 2010: Vice President Joe Biden, on the Rachel Maddow show, states that a lack of moratorium on discharges was the compromise needed for the votes in repeal legislation. Despite the September 21 failure of the Senate to pass the NDAA, the President issues no moratorium.
October 11, 2010: LGBT direct-action group GetEqual stages a three-pronged protest outside a Democratic party fundraiser attended by President Obama, calling on him to halt the discharges.
October 12, 2010: In her ruling on Log Cabin Republicans vs. United States of America, U.S. district judge Virginia A. Phillips orders the Defense Department to "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding" related to "don't ask, don't tell." In response, Sens. Mark Udall, Kirsten Gillibrand, and 19 others send Atty General Eric Holder a letter asking him to not request a stay of Judge Phillips' injunction. They are John Kerry (D-MA), Charles Schumer (D-N.Y.), Roland Burris (D-IL), Sheldon Whitehouse (D-R.I.), Mary Landrieu (D-LA), Bernard Sanders (I-VT), Jeff Merkley (D-OR), Jeanne Shaheen (D-N.H.), Tim Johnson (D-S.D.), Al Franken (D-MN), Barbara Boxer (D-CA), Russ Feingold (D-WI), Frank Lautenberg (D-N.J.), Richard Durbin (D-IL), Bob Menendez (D-N.J.), Michael Bennet (D-CO), Barbara Mikulski (D-MD), Sherrod Brown (D-OH), and Ben Cardin (D-MD).
October 13, 2010: White House Press Secretary Robert Gibbs tells the White House Press Pool that the Obama Justice Department will continue to appeal Judge Phillip's ruling that DADT is unconstitutional, saying that it's the process that is important. SECDEF Robert Gates states that Congress and the military should decide on DADT, not the courts, saying that repeal of DADT will have "enormous consequences" for the troops.
October 17, 2010: The DOJ files a request for a stay of Judge Phillips' injunction against the DOD, citing concerns over religious objections and whether barracks should be segregated.
October 19, 2010: Judge Virginia Phillips denies the Justice Department's request for a stay of injunction in Log Cabin Republicans vs United States of America, effectively rendering DADT un-enforceable. The Pentagon issues guidance to recruiters to allow candidates who admit to being gay, lesbian, or bisexual to begin the enlistment process. At the Times square recruiting station Dan Choi attempts to reenlist in the Army. He is told that, barring some medical paperwork, he is eligible to enlist.
October 21, 2010: A three judge federal appeals panel temporarily blocks Judge Phillips' injunction, finding in favor of the Obama DOJ after it filed an emergency appeal regarding enforcement of the DADT policy.
October 21, 2010: GetEqual protests President Obama's actions at a fundraiser for Sen. Patty Murray.
October 21, 2010: Senior Adviser to the President Valerie Jarrett goes on CNN in an attempt to justify the Obama Administration's actions regarding DADT repeal.
October 21, 2010: SECDEF Robert Gates releases guidance wherein only a service secretary can authorize a DADT discharge.
October 25, 2010: The attorneys for Log Cabin Republicans file a brief opposing the Obama DOJ request for an injunction stay.
October 26, 2010: In a meeting between A-list gay lobbyists and White House staff, it comes out that the President is looking into lame-duck Senate action, but not executive action.
October 28, 2010: The Pentagon study is leaked to the press. Unsurprisingly, the results are favorable to repeal.
November 1, 2010: The Ninth Circuit Court of Appeals grants the government's request for a stay of Judge Phillip's injunction against enforcement of DADT, breathing new life into it.
November 4, 2010: At a press conference, President Obama does not list DADT repeal among his priorities in the lame-duck legislative session.
November 5, 2010: The legal team for Log Cabin Republicans files an appeal with SCOTUS over the stay of Judge Phillips' injunction granted by the Ninth Circuit.
November 8, 2010: Following the 2010 midterm elections, SECDEF Robert Gates tells reporters, "I would like to see the repeal of 'don't ask, don't tell,' but I'm not sure what the prospects for that are, and we'll just have to see." Sens. McCain and Levin, the ranking members of the SASC, are reported to be debating removing DADT repeal language from the NDAA, citing more important things to worry about.
November 10, 2010: White House Communications Director Dan Pfeiffer, says that DADT repeal is “at least worth a shot” in the lame-duck session of Congress.
November 10, 2010: The ACLU files suit against the DOD on behalf of servicemembers involuntarily discharged under DADT, challenging the DOD's policy of cutting such servicemembers' separation pay in half merely because they are gay.
November 12, 2010: SCOTUS refuses to lift the stay of Judge Phillips' injunction.
November 15, 2010: A group of protesters later known as the White House 13, chain themselves to the White House fence to protest President Obama's inaction on pushing for DADT repeal. Among them are veterans Miriam Ben-Shalom, Dan Choi, Evelyn Thomas, Ian Finkenbinder, Mara Boyd, Autumn Sandeen, Rob Smith, and Justin Elzie. Other activists on the fence are Father Geoff Farrow, Michael Bedwell, Scott Wooledge, and Robin McGeHee and Dan Fotou of GetEqual. All 13 are arrested. The protest makes international news and renews calls for DADT repeal.
November 18, 2010: Sen. Joe Lieberman, assigned to round up votes for DADT repeal, states that he has 60 votes, naming Republican Sens. Susan Collins and Dick Lugar, provided Republicans get the debate time they want.
November 30, 2010: The Pentagon releases the Comprehensive Review Working Group (CRWG) report, which examines the impact of repeal implementation on the armed forces. The report is extremely favorable to repeal.
December 1, 2010: All 42 Senate Republicans sign a letter sent to Sen. Majority Leader Harry Reid stating that they will bring all Senate business to a halt until a tax cut extension is voted on. Sen. Lieberman is still confident that he can get 60 votes for repeal.
December 2-3, 2010: The Senate holds another series of hearings and debate on DADT repeal, this time with the Pentagon's report in hand. John McCain is exceptionally grumpy about it, calling the report "flawed." Two of the service chiefs support lifting the ban, the Marine Corps Commandant opposes it.
December 9, 2010: Senate Republicans block a vote on DADT repeal, bringing it down by a vote of 57-40, three votes short of the needed 60 to force a floor vote. Sens. Kirsten Gillibrand, Mark Udall, Joe Lieberman, and Susan Collins introduce new standalone legislation to repeal DADT. In order to bring it to a floor vote before the Senate adjourns on December 17, Majority Leader Harry Reid will need to use Rule 14 to expedite it to prevent it from dying in committee. By December 13, the bill will have 44 co-sponsors.
December 15, 2010: The House passes a stand-alone DADT bill, 250-175. This bill reflects the language of the repeal provision in the NDAA. Sen. Olympia Snowe comes out in support of DADT repeal, as do fellow Republicans Susan Collins, Scott Brown, and Lisa Murkowski.
December 17, 2010: Sen. Joe Lieberman, the Senate pointman on repeal vote sheparding, tells reporters that he is "very optimistic" about repeal, saying he is "confident" that he has the 60 votes and then some needed to bring cloture. Lieberman, however, will only confirm "yes" votes from Sens. Collins and Murkowski, saying he is still working on some cautious Republican Senators.
December 18, 2010: The Senate passes the House’s stand-alone DADT bill, 65-31. All Democrats vote yes with the exception of Joe Manchin (D-WV), who does not vote. Republicans who vote for repeal are Olympia Snowe, Susan Collins, Scott Brown, Lisa Murkowski, John Ensign, Richard Burr, Mark Kirk, and George Voinovich. Republicans who do not vote are Orrin Hatch, Judd Gregg, and Jim Bunning. All other Republicans vote against repeal.
December 22, 2010: President Obama signs the bill allowing for repeal of DADT. In an emotional moment, Sen. Harry Reid gives Dan Choi back his West Point ring. However, repeal has yet to be certified, and "Don't Ask" remains the law. DADT repeal legislation passed by Congress requires the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff to “certify” that the military is ready for repeal, which will not take place until 60 days after the date certification is issued.
January 14, 2011: Rep Duncan Hunter introduces legislation that would require each of the service chiefs to certify DADT repeal.
January 28, 2011: USMC Gen James Cartwright, Vice Chairman of the Joint Chiefs of Staff, and Clifford Stanley, Undersecretary of Defense for Personnel and Readiness, hold a press briefing to discuss the implementation of "Don't Ask, Don't Tell" repeal. Both men state that there is no target date set for repeal. Additionally, the partners of LGB servicemembers would not be recognized, and sexual orientation would not be eligible for Equal Opportunity status in the same way that race, religion, gender, and ethnicity are.
February 16, 2011: The Advocate reports that Lt.Col. Victor Fehrenbach will be allowed to retire with his full pension and benefits.
March 21, 2011: Scott Wooledge, a member of the White House 13, writes about the unprecedented strongarm tactics used by the U.S. Attorney against the protesters.
March 24, 2011: Servicemembers United releases the numbers of DADT discharges for the DOD and Coast Guard (under DHS) for Fiscal Year 2010. 261 troops were discharged from active service for being gay under the Obama Administration's DOD.
March 31, 2011: Navy Petty Officer Derek Morado faces his discharge hearing after being outed by a third party - OVER A YEAR after SECDEF implemented a policy in which third-party outings were inadmissible. Petty Officer Morado is recommended for retention rather than discharge.
April 7, 2011: The House Armed Services Committee holds a hearing on the progress of DADT repeal implementation. The four service chiefs testify that they have not encountered problems in Tier I and II training.
April 12, 2011: At the White House launch of the First Lady's Military Families Initiative, the "silent partners" of LGB troops, still living under DADT, are ignored.
May 10, 2011: The Obama Justice Department asks the Court to throw out the ACLU's suit on behalf of veterans whose separation pay was cut in half, comparing those discharged under DADT to others whose pay is cut in half, namely, drug addicts and national security risks.
May 11, 2011: Three Republican amendments are voted into the House NDAA for FY2012. The first, from Duncan Hunter, would expand DADT repeal certification to include the service chiefs. The second would prohibit DOD facilities from being used in same-sex wedding ceremonies in states where it is legal. The third restates DOMA.
May 25, 2011: The NDAA, including the anti-gay amendments, passes in the House.
May 31, 2011: The Military Partners and Families Coalition officially launches. MPFC is an organization supporting the same-sex "silent partners" of closeted active-duty servicemembers by providing community, resources, and referrals for assistance.
June 2, 2011: An Air Force spokesman confirms that the Secretary of the Air Force has signed a DADT discharge. Later reports from the airman confirm that he wanted to get out.
June 23, 2011: SECDEF Robert Gates states that he will not certify repeal prior to his retirement at the end of the month.
June 27, 2011: The Pentagon confirms that it is still investigating and discharging gay, lesbian, and bisexual servicemembers. In a statement, SLDN Executive Director Aubrey Sarvis reveals that the military is not following the guidance laid out by SECDEF Robert Gates, and that SLDN is still assisting servicemembers who are being investigated and discharged after third-party outings.
July 2, 2011: Two Fort Carson, Colorado soldiers are attacked while part of a group of friends in what is believed to be an anti-gay hate crime. Identified in the media as only "Ted" and "John," both men must keep their identities secret and conceal their injuries from military medical personnel and their chain of command in order to avoid being investigated and discharged under DADT.
July 6, 2011: The Ninth Circuit Court of Appeals, granting the Log Cabin Republicans' motion, lifts the stay on the worldwide injunction barring DADT enforcement, originally ordered by Judge Virginia Phillips in September 2010 in the case Log Cabin Republicans vs. United States of America. In compliance with the stay now in effect, the Pentagon ceases investigations and discharge proceedings.
July 7, 2011: The House of Representatives passes an amendment sponsored by Rep. Virginia Foxx (R-N.C.) to a defense appropriations bill that reaffirms DOMA. The unnecessary amendment is not passed in the Senate version.
July 8, 2011: CPT Jim Pietrangelo, who was discharged under DADT, attempts to reenlist and is turned away, told by recruiters that they are not yet accepting gay applicants.
July 11, 2011: The Ninth Circuit orders the Obama DOJ to declare whether or not it believes DADT to be unConstitutional, and whether it will appeal the ruling lifting Judge Phillips' stay of DADT enforcement.
July 14, 2011: The Obama DOJ files an emergency motion asking the Ninth Circuit to reverse its decision to lift Judge Phillips' stay.
July 15, 2011: Late Friday night, the Ninth Circuit Court of Appeals grants the Obama DOJ's emergency motion to reinstate DADT, with the proviso that the military cannot investigate or attempt to discharge any suspected servicemember while the Log Cabin Republicans vs. United States of America case is ongoing. Formal arguments for the appeal are scheduled for August 29. This results in a partial-enforcement of DADT wherein investigations and discharges are suspended, but openly gay applicants will not be accepted into the armed forces.
July 16, 2011: For the first time in history, about 350 active duty servicemembers march as a contingent in the San Diego Gay Pride Parade. In compliance with DOD policy, none of those marching are in uniform, though the majority wear t-shirts with their service name and colors. San Diego-based gay reporter Rex Wockner reported that about 70% of those marching are gay, the rest are supportive allies.
July 18, 2011: The Obama DOJ files another motion asking the Ninth Circuit to "reconsider its decision to lift the stay pending appeal, reinstate that stay, remove the case from the oral argument calendar, and permit the orderly process for repealing § 654 to resume."
July 22, 2011: SECDEF Leon Panetta, CJCS Admiral Mike Mullen, and President Obama sign certification of DADT repeal, allowing the additional 60-day waiting period required by the trigger legislation to begin.
August 29, 2011: The 9th Circuit hears arguments from both the Log Cabin Republicans and the Obama Justice Department on whether the case Log Cabin Republicans vs. the United States should be dismissed, as requested by the Obama DOJ.
September 5, 2011: Air Force Maj. Margaret Witt and Lt.Col. Victor Fehrenbach retire with full pension and benefits. Retired Army National Guard Col. Margarethe “Grethe” Cammermeyer, who fought the policy and won reinstatement after being outed and discharged, officiates at the ceremony.
September 20, 2011: The 60-day additional waiting period ends, and DADT is repealed.
September 29, 2011: A three-judge panel of the 9th Circuit issues its decision, dismissing the LCR suit and vacating Judge Phillips' ruling of the unconstitutionality of DADT. LGB servicemembers are now left with no avenue for protection or redress, and the ban may be resurrected by executive fiat at any time. Dan Woods, lead attorney for the LCRs in the case, states his intent to apply for an en banc rehearing by the full Court.