Friday, January 13, 2012

OK: legislator wants to apply repealed DADT to state national guard (had failed in VA)

It’s happened again.  Lightning strikes twice in about the same place.  This had been tried in Virginia, but now Oklahoma representative Mike Reynolds introduced a bill in the legislature saying that no one ineligible to serve under the now repealed DADT law (10 United States Code 654 special enclosure) may serve in the Oklahoma national guard.

Oklahoma may be OK when it comes to a person’s right to defend his or her home from invasion, but not at gay rights. 

David McKean, legal director at SLDN, has some analysis of why this would not survive court challenge here, in a column “Can they do that?”.  

The bigger challenge could come in 2013 if a GOP candidate hostile to gays (particularly Santorum) wins the presidency.  He could not only unrepeal the repeal, he could send the military back to asking, to the 1981 Old Ban. Newt Gingrich actually proposed that in 1995 or 1996, and Keith Meinhold, then in the fight, sent out emails warning of possible "forced outings".  

Remember, in the 90s, Greta Cammermeyer ("Serving in Silence", a book and TV film) had been a medical officer in the Washington State National Guard.  The Lambda Legal link on Cammermeyer v. Perry is worth a visit, here.

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