Repeal of Don’t Ask Don’t Tell, the federal policy that prohibits gay and lesbian military from revealing their sexual orientation, could happen during this lame duck session of Congress. The bill on the table for DADT repeal is H.R. 2965.

So can LGBT military immediately reveal their sexual orientation if the law passes and DADT is repealed?

No.

After the law passes, several things need to happen first before actual military policy changes.

1. The President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff must certify to Congress that they have considered the report issued by the Department of Defense on the impact of DADT repeal.
2. They must also certify that DADT repeal “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruitment and retention of the Armed Forces.”
3. Finally, they must certify that the Defense Department has prepared the necessary policies and procedures to implement DADT repeal.

Once all that happens, then 60 days must pass. At that point, DADT repeal will take effect and the discriminatory policy will be removed.

[Cross-posted at the Gay Law Report by Gideon Alper, a Georgia asset protection and domestic partnership attorney.]