UF professor sees ways to ease policy on gays in military without Congress

July 8, 2009

GAINESVILLE, Fla. — A University of Florida Levin College of Law professor said President Barack Obama has the authority to suspend or relax enforcement of the “Don’t Ask, Don’t Tell” policy on gays in the military without action by Congress.

Diane H. Mazur is working with a prestigious think tank to clarify Obama’s authority in this area.

Mazur and the California-based Palm Center authored a July 6 legal memo that details steps Secretary of Defense Robert Gates can take to end discharges of gay personnel while waiting for Congress to amend or repeal the policy.

“If the president and the secretary of defense used the legal authority they already have to suspend or relax enforcement of ‘Don’t Ask, Don’t Tell,’ we would have more gay service members serving openly and could resolve once and for all whether their service affects military readiness, opening a path to final repeal,” Mazur said. “From the experience of our military allies who have lifted their bans, we can expect the change will be a non-event.”

Mazur can speak on the policy in terms of national security issues, legal authority to relax enforcement, the operational effect on the military, and the experience of other countries’ military forces after the repeal of similar policies.

Mazur can be reached at mazur@law.ufl.edu.

Media also may contact Scott Emerson, Levin College of Law, 352-273-0650, or semerson@law.ufl.edu.