Text of HI HCR 246 (2010)

HOUSE OF REPRESENTATIVES H.C.R. NO. 246 TWENTY-FIFTH LEGISLATURE, 2010 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION requesting congress to establish a policy of nondiscrimination on the basis of sexual orientation for members of the united states armed forces. WHEREAS, the Military Readiness Enhancement Act of 2009, House Bill 1283, was introduced in Congress on March 3, 2009; and WHEREAS, the purpose of the Military Readiness Enhancement Act is to enhance the readiness of the United States Armed Forces by replacing the current federal policy concerning homosexuality in the military with a policy of nondiscrimination on the basis of sexual orientation; and WHEREAS, gay and lesbian service members have served honorably throughout the history of the United States, including recent military service with distinction in areas such as Afghanistan and Iraq; and WHEREAS, the previous ban on gays and lesbians in the military was replaced with the National Defense Authorization Act of 1994, Public Law 103-160, commonly referred to as the "Don't Ask, Don't Tell" policy; and WHEREAS, a study released in 2005 by the United States Government Accountability Office on the impact of the "Don't Ask, Don't Tell" policy found that nearly 9,500 homosexual service members were discharged between 1994 and 2003, thus ending their military careers and burdening them with a lifelong stigma; and WHEREAS, the Government Accountability Office study noted that of the service members discharged between 1994 and 2003, 757 held critical occupations and 322 had skills in important foreign languages such as Arabic, Farsi, and Korean; and WHEREAS, the Government Accountability Office study estimated that the cost of recruiting replacements for the discharged service members was $95,000,000; and WHEREAS, the Army, Navy, and Air Force similarly estimated that costs to train replacements would amount to $95,100,000; and WHEREAS, the ability of the United States military to perform its mission is hindered when competent and qualified individuals are involuntarily discharged from military service because of real or perceived sexual orientation; and WHEREAS, current troop shortages in the military have resulted in extended active duty tours for National Guard and federal reserve troops deployed to the Middle East in the "global war on terrorism"; and WHEREAS, many American allies in the war on terror allow homosexuals to serve openly in the military, including the United Kingdom, Australia, and Israel; and WHEREAS, in a January 2, 2007, New York Times editorial, retired general John Shalikashvili, Chairman of the Joint Chiefs of Staff when the "Don't Ask, Don't Tell" policy was adopted, stated that conversations with military personnel convinced him that the policy should now be abandoned and expressed his belief that gays and lesbians in the military "would not undermine the efficacy of the armed forces"; and WHEREAS, in November 2008, 104 retired generals and admirals released a letter urging Congress to repeal the "Don't Ask, Don't Tell" policy, which also stated that such a repeal "would not harm and would indeed help our armed forces"; and WHEREAS, in expressing their support for the repeal of the policy, the retired generals and admirals also recognized that the approximately 1,000,000 gay and lesbian veterans in the United States had served the nation honorably; and WHEREAS, the Legislature and courts in Hawaii have protected individuals from discrimination based on sexual orientation and gender identity to affirm equal protection for all people under the law; now, therefore, BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that Congress is respectfully requested to amend Title 10 of the United States Code by repealing the current "Don't Ask, Don't Tell" policy concerning homosexuality in the military and to adopt a policy of nondiscrimination on the basis of sexual orientation for members of the United States Armed Forces comparable to that expressed in House Bill 1283 (2009); and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President Pro Tempore of the United States Senate, Speaker of the United States House of Representatives, United States Secretary of Defense, and the members of Hawaii's delegation to the United States Congress. OFFERED BY: _____________________________ Report Title: United States Armed Forces; Sexual Orientation