Until Congress can pass a full repeal, this is pretty good news:
The changes raise the level of officer authorized to initiate a fact-finding inquiry into a case, the level of officer who can conduct an inquiry and of the one that can authorize a dismissal.
To discourage the use of overheard statements or hearsay, from now on any evidence given in third-party outings must be given under oath, Mr. Gates said. Cases of third-party outings also have included instances in which male troops have turned in women who rejected their romantic advances or jilted partners in relationship have turned in a former lover.
Some kinds of confidential information also will no longer be allowed, including statements gays make to their lawyers, clergy, psychotherapists or medical professionals in the pursuit of health care.
Obviously full repeal is necessary. But what this new policy effectively does is put the burden on the outer, forcing them to commit to a substantial effort to get someone discharged. It's one thing to whisper in someone's ear, or tell people what "you've heard." It's another to put your own butt on the line under oath in support of a frivolous accusation. That's a pretty strong disincentive. I wouldn't be surprised if DADT discharges slowed to a trickle because of the new guidelines.
That said, repeal can't come soon enough.
-- A. Serwer
