Has anybody even bothered to read this and to critically take it apart?  All I see here are those that say “Wah! They aren't giving me anything” or the ones that have the sunny outlook of “Gee!  Look what they are willing to sacrifice for us.”  I have yet to see a citical review or breakdown of this amendment.  So, I will attempt one, please hold the flames for later:

(F) Assure appropriate ways to monitor the workforce climate and military effectiveness that support successful follow-through on implementation.)

and

(b) EFFECTIVE DATE.”The amendments made by subsection (f) shall take effect only on the date on which the last of the following occurs:

and

The Secretary of Defense has received the report required by the memorandum of the Secretary referred to in subsection (a). (2) The President transmits to the congressional defense committees a written certification, signed by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, stating each of the following: (A) That the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff have considered the recommendations contained in the report and the report's proposed plan of action. (B) That the Department of Defense has prepared the necessary policies and regulations to exercise the discretion provided by the amendments made by subsection (f). (C) That the implementation of necessary policies and regulations pursuant to the discretion provided by the amendments made by subsection (f) is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.

Hmm, quite a bit there, but the basics are as what most people have read/stated – The President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff all have to agree that it's time to do something, that the time is right, and that the “something” won't wreck things.  Not too bad sounding.  OK, they get their act together finally and get all the talking points ironed out and we get – what?

Hmm, that is a good question.  Let's see what we get, shall we?  Oh, I see one!  We can't sue for redress in court – at all

(e) NO PRIVATE CAUSE OF ACTION.”Nothing in this section, or the amendments made by this section, shall be construed to create a private cause of action.

Let's see, what else we can find..

Oh!  This is a nice surprise:

CONFORMING AMENDMENT.”Upon the effective date established by subsection (b), section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).

 So we will have “§ 654. Policy concerning homosexuality in the armed forces”  removed.  Yay!  uh oh, waitasec!  What about subsections (a), (e), and (f)?

(a) FINDINGS.-Congress makes the following findings:
(1) Section 8 of article I of the Constitution of the United
States commits exclusively to the Congress the powers to raise
and support armies, provide and maintain a Navy, and make
rules for the government and regulation of the land and naval
forces.
(2) There is no constitutional right to serve in the armed
forces.
(3) Pursuant to the powers conferred by section 8 of article
I of the Constitution of the United States, it lies within the
discretion of the Congress to establish qualifications for and
conditions of service in the armed forces.
(4) The primary purpose of the armed forces is to prepare
for and to prevail in combat should the need arise.
(5) The conduct of military operations requires members
of the armed forces to make extraordinary sacrifices, including
the ultimate sacrifice, in order to provide for the common
defense.
(6) Success in combat requires military units that are
characterized by high morale, good order and discipline, and
unit cohesion.
(7) One of the most critical elements in combat capability
is unit cohesion, that is, the bonds of trust among individual
service members that make the combat effectiveness of a military
unit greater than the sum of the combat effectiveness
of the individual unit members.
(8) Military life is fundamentally different from civilian
life in that-
(A) the extraordinary responsibilities of the armed
forces, the unique conditions of military service, and the
critical role of unit cohesion, require that the military
community, while subject to civilian control, exist as a
specialized society; and
(B) the military society is characterized by its own
laws, rules, customs, and traditions, including numerous
restrictions on personal behavior, that would not be acceptable
in civilian society.
(9) The standards of conduct for members of the armed
forces regulate a member's life for 24 hours each day beginning
at the moment the member enters military status and not
ending until that person is discharged or otherwise separated
from the armed forces.
(10) Those standards of conduct, including the Uniform
Code of Military Justice, apply to a member of the armed
forces at all times that the member has a military status,
whether the member is on base or off base, and whether the
member is on duty or off duty.
(11) The pervasive application of the standards of conduct
is necessary because members of the armed forces must be
ready at all times for worldwide deployment to a combat
environment.
(12) The worldwide deployment of United States military
forces, the international responsibilities of the United States,
and the potential for involvement of the armed forces in actual
combat routinely make it necessary for members of the armed
forces involuntarily to accept living conditions and working
conditions that are often spartan, primitive, and characterized
by forced intimacy with little or no privacy.
(13) The prohibition against homosexual conduct is a longstanding
element of military law that continues to be necessary
in the unique circumstances of military service.
(14) The armed forces must maintain personnel policies
that exclude persons whose presence in the armed forces would
create an unacceptable risk to the armed forces' high standards
of morale, good order and discipline, and unit cohesion that
are the essence of military capability.
(15) The presence in the armed forces of persons who
demonstrate a propensity or intent to engage in homosexual
acts would create an unacceptable risk to the high standards
of morale, good order and discipline, and unit cohesion that
are the essence of military capability.

and

(e) RULE OF CONSTRUCTION.-Nothing in subsection (b) shall
be construed to require that a member of the armed forces be
processed for separation from the armed forces when a determination
is made in accordance with regulations prescribed by the Secretary
of Defense that-
(1) the member engaged in conduct or made statements
for the purpose of avoiding or terminating military service;
and
(2) separation of the member would not be in the best
interest of the armed forces.

and

(f) DEFINITIONS.-In this section:
(1) The term homosexual' means a person, regardless
of sex, who engages in, attempts to engage in, has a propensity
to engage in, or intends to engage in homosexual acts, and
includes the terms gay' and lesbian'.
(2) The term bisexual' means a person who engages in,
attempts to engage in, has a propensity to engage in, or intends
to engage in homosexual and heterosexual acts.
(3) The term homosexual act' means-
(A) any bodily contact, actively undertaken or passively
permitted, between members of the same sex for
the purpose of satisfying sexual desires; and
(B) any bodily contact which a reasonable person
would understand to demonstrate a propensity or intent
to engage in an act described in subparagraph (A).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
654. Policy concerning homosexuality in the armed forces.''.
(b) REGULATIONS.-Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall revise Department
of Defense regulations, and issue such new regulations as
may be necessary, to implement section 654 of title 10, United
States Code, as added by subsection (a).
(c) SAVINGS PROVISION.-Nothing in this section or section 654
of title 10, United States Code, as added by subsection (a), may
be construed to invalidate any inquiry, investigation, administrative
action or proceeding, court-martial, or judicial proceeding conducted
before the effective date of regulations issued by the Secretary
of Defense to implement such section 654.
(d) SENSE OF CONGRESS.-It is the sense of Congress that-
(1) the suspension of questioning concerning homosexuality
as part of the processing of individuals for accession into the
Armed Forces under the interim policy of January 29, 1993,
should be continued, but the Secretary of Defense may reinstate
that questioning with such questions or such revised questions
as he considers appropriate if the Secretary determines that
it is necessary to do so in order to effectuate the policy set
forth in section 654 of title 10, United States Code, as added
by subsection (a); and
(2) the Secretary of Defense should consider issuing guidance
governing the circumstances under which members of
the Armed Forces questioned about homosexuality for administrative
purposes should be afforded warnings similar to the
warnings under section 831(b) of title 10, United States Code
(article 31(b) of the Uniform Code of Military Justice).

The truth of the matter is, they are leaving in more than they took out.  Wake up and smell the koolaid people!  “Gee, we are going to get to ride the bus (even though we have to ride in the back).”  

Have we come this far, only to accept second class status?

This just makes me nauseous!

ps sorry for such a long post, but I really need to learn this blogging thing  šŸ™

geekydee

geekydee

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