Bill Text: CA SJR2 | 2011-2012 | Regular Session | Introduced

California Senate Joint Resolution 2 (Prior Session Legislation)

Introduced

Bill Title: Military policy: "Don't Ask, Don't Tell, Don't Pursue,

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-31 - Hearing canceled at the request of author. [SJR2 Detail]

Download: California-2011-SJR2-Introduced.html

BILL NUMBER: SJR 2	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        MARCH 9, 2011

   Relative to military policy.


	LEGISLATIVE COUNSEL'S DIGEST


   SJR 2, as introduced, Kehoe. Military policy: "Don't Ask, Don't
Tell, Don't Pursue, Don't Harass."
   This measure would urge the President, Congress, and Secretary of
Defense of the United States to end the policy of levying fines on
lesbian, gay, and bisexual service members discharged under the
military's "Don't Ask, Don't Tell, Don't Pursue, Don't Harass"
policy.
   Fiscal committee: no.



   WHEREAS, Since the 1993 codification into law by the United States
Congress, and by the signature of the President, the policy now
known as "Don't Ask, Don't Tell, Don't Pursue, Don't Harass"
(National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160)), has led to the discharge of a great number of lesbian,
gay, and bisexual service members, thereby ending their careers and
burdening them with a lifelong stigma; and
   WHEREAS, On September 9, 2010, Judge Virginia A. Phillips of
Federal District Court for the Central District of California ruled
that the ban on openly lesbian, gay, and bisexual service members was
an unconstitutional violation of the First Amendment and Fifth
Amendment to the United States Constitution, and on October 12, 2010,
granted an immediate, worldwide injunction prohibiting the
Department of Defense from enforcing the "Don't Ask, Don't Tell, Don'
t Pursue, Don't Harass" policy, and ordered the military to suspend
and discontinue any investigation, discharge, separation, or other
proceeding that had commenced under the policy (Log Cabin Republicans
v. U.S. (2010) 716 F.Supp.2d 884 ); and
   WHEREAS, On December 22, 2010, President Barack Obama signed into
law the Don't Ask, Don't Tell Repeal Act of 2010 (Public Law
111-321), a landmark law repealing the discriminatory ban on lesbian,
gay, and bisexual men and women serving openly in the military and
ending the 17-year policy that forced lesbians, gays, and bisexuals
to conceal their sexual orientation or face discharge from the
military; and
   WHEREAS, Before the repeal may take effect, pentagon officials are
required to complete implementation plans and the President,
Secretary of Defense, and Chairman of the Joint Chiefs of Staff are
required to certify to lawmakers that the repeal won't damage combat
readiness; and
   WHEREAS, Lesbian, gay, and bisexual service members have served
honorably throughout the history of the United States and continue to
serve with distinction on active duty; and
   WHEREAS, These men and women have achieved military honors,
decorations, and promotions to the highest ranks of their respective
services for their valor and service to the people of the United
States; and
   WHEREAS, A number of lesbian, gay, and bisexual veterans
discharged under the discriminatory "Don't Ask, Don't Tell, Don't
Pursue, Don't Harass" policy are now being forced to repay costs, in
some cases amounting to tens of thousands of dollars, related to
their education and training because they were unable to fulfill
their commitment to serve their country despite it being the
government that initiated their discharge based on this
discriminatory policy; now, therefore, be it
   Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature of the State of California
respectfully urges the President, Congress, and Secretary of Defense
of the United States to put an end to levying these fines upon
lesbian, gay, and bisexual service members who were discharged under
the "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" policy; and
be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the Speaker of the House of Representatives, to the Majority
Leader of the Senate, to the Secretary of Defense of the United
States, to each Senator and Representative from California in the
Congress of the United States, and to the author for appropriate
distribution.