It can't. But if gay soldiers testify before the Armed Services Committee they'll be outing themselves, a.k.a. "telling," and then they'll be discharged under DADT. So how can Congress get currently serving gay and lesbian soldiers to testify? Offer them immunity.
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.
Gay members of the military have been discharged at the rate of two a day since Barack Obama took office. Obama could suspend enforcement of DADT while Congress debates its future, just as his head of the Department of Homeland Security has suspended enforcement of the widow's penalty while Congress "works on a solution." That would make it possible for gay members of the military to testify before Congress without fear of being discharged. Not holding my breath.
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