Pentagon limited DADT discharge authority

On October 21, 2010, US Defense Secretary Robert Gates released a memorandum to five senior Department of Defense (DOD) officials that limited their authority to discharge openly gay service members. Previously, many less-senior military and civilian officials had the authority to expel soldiers on the basis of their sexual orientation. Gates' memo allowed for such expulsion only after a consultation between the respective service Secretary, the Pentagon's legal counsel Jeh Johnson, and undersecretary for personnel Clifford Stanley. The memo was issued in anticipation of the repeal of DADT. President Barack Obama signed DADT repeal legislation into law on December 22, 2010 and it took legal effect on September 20, 2011.

Read comprehensive coverage on the repeal of DADT in JURIST Features.


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This Day at Law is JURIST's platform for legal history, highlighting interseting and important developments that shaped the law and the world.

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