(Santa Barbara, California) 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.

“This study provides a recipe for breaking through the political deadlock, as well as a road map for military leaders once the civilians give the green light.”

There are three legal bases to the president’s authority, the report said.

First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under a law titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.”

Under the law, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States during a “period of national emergency.”

The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”

The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself the study said.

The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.”

Finally, the law calls for the discharge of service members if a finding of homosexuality is made, but it does not require that such a finding ever be made.

According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”

The White House has not commented on the study.

Since DADT was enacted more than 12,000 servicemembers have been dismissed when it was learned they are gay.  According to statistics from the Servicemembers Legal Defense Network which advocates for gays in the military an average of two service members are dismissed under the law every day.

Rep. Ellen Tauscher (D-Calif.) has reintroduced legislation to repeal DADT. Tauscher’s bill attracted 148 co-sponsors last year. This year the bill has not been taken up at the committee level.

A poll released April 30 found that by 56-37 percent voters think the ban should be repealed.