Gay Rights Activists Accuse Obama Of Silent Homophobia (VIDEO)
Monday, November 15, 2010
A group of experts in military law concluded Obama can end DADT with the stroke of a pen:
Federal law recognizes that the President and Congress share authority to govern the
military. In fact, by law currently in effect, Congress has already granted the President
authority with respect to military promotions, retirements, and separations in a time of
national emergency. This authority includes the power to suspend laws such as 10 U.S.C.
§ 654. Under 10 U.S.C. § 12305 (“Authority of the President to Suspend Certain Laws
Relating to Promotion, Retirement, and Separation”), Congress grants the President
authority to suspend any provision of law relating to the separation of any member of the
armed forces who the President determines is essential to the national security of the
United States, during any period of national emergency in which members of a reserve
component are serving involuntarily on active duty. The statute states:
Notwithstanding any other provision of law, during any period members
of a reserve component are serving on active duty pursuant to an order to
active duty under authority of section 12301, 12302, or 12304 of this title,
the President may suspend any provision of law relating to promotion,
retirement, or separation applicable to any member of the armed forces
who the President determines is essential to the national security of the
United States.
About Gay Rights
Read the Article at HuffingtonPost
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