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With gay ban debate over, military impact in doubt

By Robert Burns

Associated Press

Published: Sunday, Dec. 19 2010 12:50 p.m. MST

Sen. Joe Lieberman, I-Conn., left, Senate Majority Leader Sen. Harry Reid, D-Nev., and Sen. Carl Levin, D-Mich., walk to a news conference about the "Don't Ask Don't Tell" bill on an unusual Saturday session on Capitol Hill in Washington Saturday, Dec. 18, 2010.

Alex Brandon, Associated Press

WASHINGTON — The debate over gays in the military has been settled with a historic decision to allow them to serve openly, but big questions lie ahead about how and when the change will take place, how troops will accept it and whether it will hamper the U.S. military effort in Afghanistan and Iraq.

President Barack Obama is expected to sign into law this week the legislation that passed the Senate on Saturday, an act some believe will carry social implications as profound as President Harry S. Truman's 1948 executive order on racial equality in the military.

The new law probably won't go into practice for months. Obama and his top advisers must first certify that repealing the 1993 ban on gays serving openly will not damage U.S. troops' ability to fight. That ban, known as "don't ask, don't tell," has allowed gays to serve, but only if they kept quiet about their sexual orientation.

In the meantime, the restrictions will remain on the books, although it's unclear how fully they will be enforced. Some believe gay discharge cases will be dropped as soon as Obama signs the law.

The issue of gays in the military has been a contentious one for decades. Until 1993, all recruits had to state on a questionnaire whether they were homosexual; if they said "yes," they could not join. More than 13,500 service members were dismissed under the law.

In the years since the ban went into effect, views in the wider society have evolved. Gay marriage is now legal in five states and the District of Columbia. Opinion surveys say a majority of Americans think it's OK for gays to serve in uniform.

The repeal vote by Congress was a political victory for Obama, who campaigned on ending the ban. Even though opponents have made clear they will continue to argue against the change, Peter Mansoor, a retired Army colonel who commanded a brigade in Iraq, said Sunday he believes the military — from top commanders to foot soldiers — will accept their new orders.

"Pretty much all the heated discussion is over and now it's a matter of the more mundane aspects of implementing the law," Mansoor, a professor of military history at Ohio State University, said in a telephone interview.

That begins, under terms of the legislation, with Obama's certification to Congress — for which there's no stated deadline. There is room for argument, however, about what certification must entail and how long it should take. Even after that, there will be a mandatory 60-day waiting period.

Aaron Belkin, director of the Palm Center, a research institute at the University of California, Santa Barbara, said he expects the Pentagon to announce shortly that it needs a long time for training and education to prepare troops for the change — possibly lasting much of 2011.

In a statement Saturday, Defense Secretary Robert Gates said he will begin the certification process immediately. But any change in policy won't come until after careful consultation with military service chiefs and combatant commanders, he said.

Gates has supported Obama's push to repeal the 1993 ban, but stressed a go-slow approach.

"Successful implementation will depend upon strong leadership, a clear message and proactive education throughout the force," Gates said.

Some questions that Gates faces before providing certification have been answered in the recommendations of a yearlong Pentagon study on the impact of repealing the 1993 ban. The study said, for example, that no new standards of conduct are needed. It found that issues of sexual conduct and fraternization can be dealt with by using existing Defense Department rules and regulations, including the Uniform Code of Military Justice.

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