Witness immunity sought for gay service members
12.03.2009 2:30pm EST
Gay service members who reveal their sexual orientations during congressional testimony would be immune from forced discharges under a bill introduced Wednesday, as lawmakers prepare to consider repealing the ban on gays serving openly in the U.S. military.
The legislation’s author, U.S. Rep. Alcee Hastings, D-Fla., said the bill is needed to ensure that Congress has reliable and relevant witnesses at its disposal if the House holds hearings next year on the “don’t ask, don’t tell” policy.The bill also would protect from retaliatory personnel actions any members of the military who testify for or against lifting the 16-year ban.
“How can there be anything more important than a gay member of the service having the right to testify before the Armed Services Committee of the Congress that he is under the aegis of,” Hastings told The Associated Press. “But if they come and testify, that testimony could be used against them under ‘don’t ask, don’t tell.’ In my judgment, it’s just a question of fairness.”
Hastings so far has secured 27 Democratic co-sponsors for his “Honest and Open Testimony Act.” But the measure also has met surprising opposition from leading gay veterans groups and other Democrats who have been at the forefront of the movement to repeal the policy.
Alexander Nichols, executive director of Servicemembers United, an advocacy group for gay Iraq and Afghanistan war veterans, said the legislation is good in theory but on a practical level would not protect gay service members who out themselves to Congress from becoming pariahs within their units.
“This proposal is, of course, well-intentioned and the idea behind it is certainly noble, but I believe it is a bit naive in its conceit and doesn’t reflect a thoughtfulness on what this would mean for gay and lesbian service members,” Nichols said. He thinks it is better for gay veterans to share their experiences than to put active duty service members at risk.
Aaron Belkin, director of the Palm Center, a think tank devoted to gays in the military at the University of California, Santa Barbara, said that if the bill passes, it would be the first dent in “don’t ask, don’t tell” since the policy prohibiting service members from acknowledging they are gay was adopted in 1993. As such, it represents an important step toward full repeal, Belkin said.
“I don’t think there is any down side,” he said. “Politically, it is a very poignant thing to put a gay person on the stand because that is shining a spotlight on the lie that structures the whole policy. The move, in and of itself, before they even say anything, is powerful ammunition.”
Since “don’t ask, don’t tell” took effect, nearly 13,000 troops have been dismissed because it became known they were gay. President Barack Obama said he favors lifting the ban but has asked for more time to persuade opponents in the Pentagon.
U.S. Rep. Patrick Murphy, D-Pa., the first Iraq war veteran elected to Congress, has been shepherding a “don’t ask, don’t tell” repeal bill toward hearings in the House, but he was not among the lawmakers who





While I certainly welcome the idea of offering a “protective cover” to any current service person from prosecution under DADT, for being brave enough to testify…..From a pragmatic standpoint…it just doesn’t seem to work. Without seeing the language of the bill, how does the gay service person go about telling his superiors that they want to be considered for congressional testimony and claim protection under this bill/law? If the superiors deny the request by the “potential participant”, they have outed themself and can’t claim this protection. I would think that the pool of 13000 existing service members that have been dismissed under DADT would be sufficient to get a good picture of the damage DADT has cuased the US Military. There are certainly enough former service members that are willing to testify… two or three come to mind…Lt. Dan Choi, Sgt. Darren Manzella, Lt. Col. Victor Fehrenbach….good intentions of the bill are not going to beat the vindictiveness of those intent on enforcing DADT….
Ok with the order for 30 THOUSAND in an illeganamit war its time for EVERY service person gay straight exctra to CALL IN GAY!If they did withen 2 weeks dont ask dont tell will be ONLY a bad joke!
As a currently serving member of the armed forces I’d be glad to to contact a member of that congressional committee to speak. I don’t know the particulars of the bill but I am not afraid of being outed in my unit as most already know. If the bill protected me on some level it would be fine… it would also become more proof that a gay service member could function openly.
Having to create an immunity program in order to gather valid testimony just shows how twisted the whole DADT policy is to begin with…
I think it would be much more far reaching and helpful for our CIC,who is sending Gay family members (many with children) off to die… leaving their closeted families nothing…
For him to just sign a STOP LOSS until the Congress gets their act together.
America needs a national coming out day for the Military. Where tens of thousands admit they are gay, and demand release under DADT.
And then the Govt will have to decide whether the nation is more important that the bigots.
And think of all the shit that the repub bigots, who always present themselves as patriots will get, when eg Afghanistan collapses because of them.
Hopefully the next thing that will happen is the Taliban pay a visit to the house of Hate Located in Rome, living in the dark ages
ok immunity is great the problem is they will be known & watched.Just like any whistle blowers they must be further protected by being able to give testamony behind closed doors to aviode problems with discharge or harrasment.
Anything beneath top secret protection is no protection.
I agea with steve but believe all are straight friends also needs to call in gay were in to illegal wars & the prez bro is getting us in even deeper. Let the majors chioce betreen furthering the hopeless war or there faith that no guys are serving……
sorry meant gays serving
Getting it passed is one challenge, finding people with the balls to out themselves after you pass it, that’s an entirely different mountain to climb.
Now they do not want “don’t ask don’t tell” , they want “must ask must answer” or simply their MAMA.
So, if an officer asks a gay service man, if he is gay, the gay service must answer or suffer a court martial.
Sounds like J Edgar Hoover, asking hey Harry are you gay and a member of the Communist Party of America and Mattachine Society.