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Commentary & Reply

Military Justice is Alive and Well

Bibliographic Data

ID20139090
AuthorsAnat Waldman (0000-0002-9264-9231, California Western School of Law, corresponding author), Ari Ezra Waldman
Year2011
Volume41
Issue1
Publication date2011-03-01
Open AccessNo
TypeARTICLE
VenueThe US Army War College Quarterly Parameters (JOURNAL)
Journal identifiersISSN: 0031-1723 • E-ISSN: 0031-1723
PublisherUnited States Army War College Press (PUBLISHER)
DOI10.55540/0031-1723.2578
OpenAlexW4237062370
LanguageEN
References cited2

that the repeal of 10 U.S.C. 654, commonly known as "Don't Ask, Don't Tell" (DADT), will result in a lack of military discipline, an increase in challenges to the jurisdiction of the Uniform Code of Military Justice (UCMJ), and the all-around breakdown of military justice as we know it. He makes this faulty argument by asserting two related fatal mistakes. First, he erroneously assumes that when Congress repealed the discriminatory DADT law, it was also rejecting all of the appended findings of fact. That is simply not the case. Congress was only casting aside those that called for discrimination against gay servicemembers. Second, Dr. Gregor incorrectly assumes that Congress had to reject basic principles of military justice in order to let gay and lesbian servicemembers be honest about their sexuality. Not so. Dr. Gregor sees the repeal of DADT as bringing a military justice apocalypse because he sees homosexuality as incompatible with honorable military service, but President Obama and Congress disagree. Congress did not reject the central premises of military law when it repealed DADT; rather, broad Congressional majorities concluded that being gay is no more incompatible with military service than being left-or right-handed and that being honest about who you are comports with American military values of honor, service, and trust. That Dr. Gregor cannot see that is unfortunate; that he blindly shouts alarmist rhetoric is dangerous

Criminology · Economic Justice · Law and economics · Military justice · Political science · Sociology · Gender, Security, and Conflict · Health and Conflict Studies · Law · Torture, Ethics, and Law

  • The Death of Military Justice

    William J Gregor•The US Army War College Quarterly…•2010

  • Attitudes of Iraq and Afghanistan War Veterans toward Gay and Lesbian Service Members

    Open Access•Bonnie Moradi, Laura Miller et al.•Armed Forces & Society•2010

Highly citedNo

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