Every day, the men and women of the United States Armed Forces make countless sacrifices in service to our nation. These sacrifices are magnified for the 65,000 LGBT service members and their families by the federal law known as “Don’t Ask, Don’t Tell,” which prohibits LGBT service members from serving openly.LGBT parents face unique challenges and harms because of “Don’t Ask, Don’t Tell.” The law forces them to choose between protecting their partners and children and keeping their job. For example, LGBT parents cannot marry or enter into a civil union or domestic partnership without creating a public record of the service member’s relationship, which is a violation of “Don’t Ask, Don’t Tell.” Oftentimes, service members will choose not to establish legal relationships with their own children - such as going through the formal second-parent adoption of a partner’s biological child - because they are required to provide the military with copies of birth certificates and adoption paperwork for all dependents. These documents usually list both legal parents and would effectively “out” the service member to their command. Failing to report legal dependents to the military makes a service member vulnerable to criminal charges. Failing to establish a legal parental relationship deprives these children of access to critical protections, such as medical care and survivorship benefits. Service members should not have to compromise the safety and security of their own families to do their job of protecting America.
Scott Hines graduated from the United States Air Force Academy and rose to the rank of Major during his 10 years in the service. Scott already had two biological children, Shiloh and Eden, from a previous marriage when he and his partner Jon decided to adopt two children together. The military recognized Shiloh and Eden as Scott’s legal dependents from the time they were born. But when Scott and Jon adopted Louis and Sage, Scott was faced with having to provide their adoption and birth certificates to the military, which would list Jon as the other parent, “outing” Scott, and putting his career at risk. Failure to report Louis and Sage as dependents would not only subject Scott to criminal charges, but would also deprive his two adopted children of access to benefits his two biological children already enjoyed - such as medical care and survivor benefits. Scott may have also had access to increased pay and housing allowances to help him support his larger family. Scott was forced to make an impossible choice between risking the career he loved and that helped him support his family and leaving Louis and Sage without the security and benefits other dependents, including their two siblings, would receive should anything ever happen to him.
Living under “Don’t Ask, Don’t Tell” exacted not only financial burdens on Scott’s family, but also an emotional toll. Scott’s family couldn’t attend unit picnics with him. When he returned from a trip overseas they couldn’t greet him on base like the other families; Scott had to wait to reunite with them at home. Scott notes that, “One of the wonderful things about the military is that it’s a big family. Spouses support each other. Children support each other. All of these networks are unavailable to LGBT service members.” While he was protecting America and raising his children to be healthy and honest, “Don’t Ask, Don’t Tell” hurt his family and forced them to be dishonest. In 2005, Scott ended his decade-long career because he felt “Don’t Ask, Don’t Tell” was unfair to his partner and children.
“Don’t Ask, Don’t Tell” is the only federal law that requires a person to be fired because of their sexual orientation. While passage of the Military Readiness Enhancement Act (H.R. 1283) would repeal “Don’t Ask, Don’t Tell” and replace it with a nondiscrimination law, it will not solve all of the problems faced by LGBT service members. It will not provide benefits for same-sex partners or spouses nor would it require that the military provide housing on base for LGBT families. However, repeal of “Don’t Ask, Don’t Tell” will eliminate many of the barriers service members face in creating and maintaining happy, healthy families. It will allow service members to protect their families by entering into legally recognized unions with their same-sex partners and to register their children as legal dependents without the fear of being fired. Repeal will ensure that children of LGBT service members have access to the same benefits and resources that other military dependents receive - like being able to enjoy the annual unit picnic, attend school on base, or participate in the official “coming home” ceremonies along with all of the other families welcoming their service members back after a long deployment.
Service members put their lives on the line to protect America. America should enable all service members to protect their families by repealing “Don’t Ask, Don’t Tell.”
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