document

National Defense Authorization Act (NDAA) - Repealing DADT and Military Abortion Ban

Document Date: November 30, 2010


The Daily Show on DADT: "It Gets Worse PSA" »

Tell Congress to Repeal "Don't Ask, Don't Tell" »

Congressional Scorecard: How Did Your House Member Vote on DADT Repeal?

UPDATE: On December 15, 2010, the House of Representatives voted 250 to 175 to repeal Don't Ask, Don't Tell. The ACLU welcomed the House vote and strongly urged the Senate to pass the repeal legislation, ensuring it reaches the president's desk by year's end.

Congress has once again failed to repeal the discriminatory "Don’t Ask, Don’t Tell" law. This is a loss for the thousands of lesbian and gay service members who patriotically serve our country but risk being kicked out simply because of who they are. It's also a loss for the vast majority of Americans who want our government to respect the values of fairness and equality promised in our Constitution.

The ACLU opposed any effort to strip language repealing either the "Don't Ask, Don't Tell" (DADT) policy or the ban on privately-funded abortions on military bases from the National Defense Authorization Act (NDAA). Such an action would remove two important civil liberties advancements from this legislation and runs counter to the Obama administration's goal of repealing both DADT and the ban on the use of private funds to access abortion care at US military hospitals and medical facilities around the world. The language in the Senate Armed Services Committee-approved version of the NDAA offered important and overdue protections for servicewomen and military dependents, as well as providing those service members who are lesbian, gay or bisexual the opportunity to serve their country with honesty and integrity.

At a time when service members willingly put their lives at risk to preserve our rights and freedom, it is deeply troubling that lesbian, gay and bisexual service members are forced to hide and deny their very selves and that servicewomen are denied access to safe, legal abortion care when they serve abroad. These policies are unjust, unfair and should be repealed. Congress now has the historic opportunity to overturn both policies. We therefore urge you oppose any effort to strip language repealing either "Don't Ask, Don't Tell" or the ban on privately-funded abortions on military bases from the NDAA.

Learn More: ACLU Letter to the Senate on Stripping DADT Repeal and the Abortion Ban from the NDAA »

'Don't Ask Don't Tell' Comprehensive Review Working Group Report

Repeal Don't Ask, Don't Tell Policy (Section 591)

More »

Repeal Ban on Privately-Funded Abortions at Military Facilities (Section 713)

More »

Related Issues

Related Content

  • Press Release
    Dec 2010
    Senate Votes To End Discriminatory "Don't Ask, Don't Tell" Policy

    LGBTQ Rights

    Senate Votes To End Discriminatory "Don't Ask, Don't Tell" Policy

    Historic Vote Brings Repeal To President's Desk FOR IMMEDIATE RELEASECONTACT: (202) 675-2312; media@dcaclu.org WASHINGTON - The Senate today voted to pass legislation repealing the discriminatory "Don't Ask, Don't Tell" policy, sending the historic bill to the president's desk for signature. The "Don't Ask, Don't Tell" Repeal Act of 2010 (H.R. 2965) was passed in the House of Representatives on Wednesday. The American Civil Liberties Union lauded the vote and urged President Obama to swiftly sign the bill into law. "Don't Ask, Don't Tell" was passed into law in 1993 and, since 1994, more than 14,000 qualified and committed service members, both men and women, have been discharged under the policy simply on the basis of their sexual orientation. The momentum to repeal "Don't Ask, Don't Tell" has been building for nearly a year with President Obama calling for its repeal in his State of the Union address and the highest ranking members of the military calling for the policy to end. The following can be attributed to Laura W. Murphy, Director of the ACLU Washington Legislative Office: "For nearly two decades, gay and lesbian service members have been forced to hide who they are in order to serve their country. That will soon end. The significance of this vote should not be underestimated and should serve as confirmation that we should not and cannot codify discrimination into our laws. "'Don't Ask, Don't Tell' had no place in a country where we value the equal treatment of all our citizens. We urge President Obama to swiftly sign this bill and ensure that our gay and lesbian service members can serve their country with honesty and dignity."
    Senate Votes To End Discriminatory "Don't Ask, Don't Tell" Policy
  • News & Commentary
    Feb 2023
    Congress Has Failed, but the ACLU Will Keep Fighting

    LGBTQ Rights

    Congress Has Failed, but the ACLU Will Keep Fighting

    By: Anthony D. Romero
    Congress Has Failed, but the ACLU Will Keep Fighting
  • Press Release
    Nov 2010
    Pentagon Report Adds Critical Support For Ending "Don't Ask, Don't Tell"

    LGBTQ Rights

    Pentagon Report Adds Critical Support For Ending "Don't Ask, Don't Tell"

    ACLU Urges Congress To Take Swift Action To Repeal Discriminatory Policy FOR IMMEDIATE RELEASECONTACT: (212) 549-2666; media@aclu.org WASHINGTON, DC – A report released by the Pentagon today found that a large majority of respondents to a survey of active-duty and reserve service members and their families say that ending the "Don't Ask, Don't Tell" policy barring lesbian and gay service members from serving openly would not have an adverse effect on military operations. The House of Representatives has already passed a bill to repeal this unconstitutional policy, and President Obama and Defense Secretary Gates have both called for the policy to be repealed. A federal district court has already ruled that "Don't Ask, Don't Tell" is unconstitutional. The policy has been allowed to continue while that decision is appealed. The American Civil Liberties Union calls on the Senate to finally end this law by passing the National Defense Authorization Act. The following can be attributed to Laura W. Murphy, Director of the ACLU Washington Legislative Office: "With the release of this report, Congress can no longer delay ending this discriminatory policy once and for all. For far too long, this policy has been an affront to our fundamental values of fairness and equality, and has compromised the effectiveness of our military. Our men and women in uniform deserve to serve their country with dignity. It is long past time for the Senate to ensure that this unfair and unconstitutional practice is finally brought to an end." The following can be attributed to James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Transgender Project: "It should be no surprise that allowing gay and lesbian people to serve openly in the military will have no detrimental effect on the armed forces. We know from court cases that the military suspends 'Don't Ask, Don't Tell' investigations in order to send suspected gay service members to combat zones overseas, only to re-open the investigations when service members return from deployment. That stark fact highlights that the military doesn't agree with the very premise of the law – that openly gay service members would disrupt unit morale. It's time to repeal 'Don't Ask, Don't Tell' and let these patriots serve their country." For more information on the National Defense Authorization Act, please visit: www.aclu.org/ndaa
    Pentagon Report Adds Critical Support For Ending "Don't Ask, Don't Tell"

Related Documents

Nov 16, 2010
/Letter
Letter

Coalition Letter Urging Congress to Lift the Ban on Privately Funded Abortion Services for Women in the Military

Coalition Letter Urging Congress to Lift the Ban on Privately Funded Abortion Services for Women in the Military
Jun 30, 2010
/Document
Document

Service Women's Action Network (SWAN) Letter on Private Funding of Abortion in the 2011 National Defense Authorization Act

Service Women's Action Network (SWAN) Letter on Private Funding of Abortion in the 2011 National Defense Authorization Act