.. according to a recent study…

A new study by a team of military law experts asserts that President Obama has the legal authority to end gay discharges through an executive order.

The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” was sponsored by the Palm Center at the University of California, Santa Barbara .

The release of the study follows a weekend TV interview where retired Marine Gen. James Jones, the President’s national security adviser, said there has been “preliminary” discussion on allowing gays and lesbians to serve openly in the military.

But Jones went on to say that it uncertain whether “don’t ask, don’t tell” will be overturned, even though Obama has said he wants it eliminated.

Many have argued that only Congress can lift the ban. But according to the Palm study, Congressional approval is not needed, suggesting Obama is playing politics.

“The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House,” said Aaron Belkin , Director of the Palm Center and a study co-author.

more here

Comments

  1. #1 SimonG
    May 12, 2009

    It sounds to me like your president could stop discharges more or less at will, but it would take new law to remove the possibility of homosexuality being used as an excuse to discharge someone in the future.

  2. #2 Lucas McCarty
    May 12, 2009

    Is the innuendo intended?

  3. #3 Greg Laden
    May 12, 2009

    Me? Innuendo? Me?

    I’m guessing it was intended. But I cannot claim credit.

  4. #4 DuWayne
    May 12, 2009

    Simon –

    It would go a long ways toward showing those terrified by the notion of Teh Gay infecting the military, that there is nothing to fear.

    But I’m certain there is some very important political reason for not doing it…Or anydamnedthing else that our great leader said he would do.

  5. #5 Captain Obvious
    May 13, 2009

    I feel that the discussion about Teh Gay infecting the US military would be greatly assisted by SQUAD BROKEN* being read out in Congress.

    *Google it. But bring the mindbleach with you.