From the Washington Post: “A Senate vote Saturday cleared the way for final passage of a bill to end the military’s ‘Don’t Ask, Don’t Tell’ policy…. Fifty-seven members of the Senate Democratic caucus and six Republicans—Sens. Scott Brown (Mass.), Susan Collins (Maine), Mark Kirk (Ill.), Lisa Murkowski (Alaska), Olympia Snowe (Maine) and George Voinovich (Ohio) —voted yes” on the procedural vote (that is, the vote to have a vote).
In the final 65-to-31 vote taken Saturday afternoon, two additional GOP senators supported repeal: Richard Burr (N.C.) and John Ensign (Nev.).
If the military report had been requested earlier and finished before the final month of the 111th Congress, and if the Democratic leadership had made it a priority, the repeal could have happened sooner. GOP senators Collins, Snowe and Brown, in particular, didn’t just become socially moderate.
But with the incoming GOP-controlled House, the path is blocked in terms of further legislative advances. It will be up to the courts to modify the Defense of Marriage Act’s ban on federal recognition of state-authorized same-sex unions. And the Employee Non-Discrimination Act, which during the two years of a Democrat-controlled Congress never made it out of committee, is dead. (In 2007, during the 110th Congress, the House had passed a version of ENDA covering sexual orientation but not gender identity.)
More. The change won’t take effect right away. After being signed into law, the president and his top military advisers must certify that lifting the ban won’t hurt troops’ fighting ability. After that occurs, there’s a 60-day waiting period.
Furthermore. It’s worth noting that the Dream Act, which would have provided a path to citizenship for children brought into this country at a young age by their parents, was set up to fail, just as “don’t ask” repeal was set up to fail until this week. The Senate Democratic leadership allowed no committee hearings on the controversial measure, and then in the final weeks of the congress brought it to the floor with truncated debate and no process for voting on amendments. It failed to achieve cloture, letting Democrats continue to paint the GOP as the “enemies” of Hispanics.
So, after two years of inaction and shenanigans over “don’t ask” repeal, tying it to a complicated Defense Authorization measure and allowing no debate or amendments, why did Harry Reid at long last move forward a separate measure that, surprise, garnered eight Republican votes? I think many (not all) activists and many (not all) left-progressive bloggers finally demanded an end to the gaming and threatened to blame Democrats as well as Republicans for failure (see, for example, Richard Grenell at the Huffington Post, as previously referenced). The threat to withhold dollars and support pushed the Democrats to give in and allow “don’t ask” repeal to be legitimately presented and passed. Unfortunately, Hispanic activists let the party have its way in order to keep the Hispanic vote tied to the Democratic party through 2012.
Still more. From Slate:
While undoubtedly a step forward, repealing “don’t ask, don’t tell” doesn’t suddenly establish a legal principle that prohibits discrimination based on sexual orientation and also doesn’t allow transgendered individuals to serve in the military. [emphasis in original]
In retrospect, it’s surprising that LGBT activists didn’t sabotage DADT repeal by demanding transgender inclusion.