CNN reported that the Pentagon will start to ease its enforcement of the military's "don't ask, don't tell policy" that prohibits gays and lesbians from serving openly in the military.

The decision to start rethinking the military's policy was announced by Defense Secretary Robert Gates. Gates said that one issue the Pentagon plans to address is raising the threshold for what is considered an appropriate level of information necessary to launch a "credible inquiry" into allegations of homosexual behavior.

Gate's said the change to the policy is a matter of common sense and common decency, and that the change also "reflects some of the insights [the military has] gained over 17 years of implementing the current law, including the need for consistency, oversight and clear standards."

Both President Obama and the chairman of the Joint Chief of Staff support repealing the ban, however several seniors members of the military expressed concerned about how the repeal will affect cohesion, unity, and morale among service members. But Gates told the Senate Armed Services Committee that great effort will be made to "minimize the disruption and polarization within the ranks, with special attention paid to those serving on the front lines."

The change is expected to take effect within a month's time.

Since the "don't ask don't tell" policy went into effect back in 1993, over 13,500 service members have been discharged from the military under the policy.

A recent CNN/Opinion Research poll found that 69% of Americans feel gays and lesbians should be allowed to serve openly in the military.

At Claery & Green, not only do we have experience in military law, but we are also strong advocates of gay and lesbian rights. If you feel your civil your rights are being violated, whether by the U.S. military or by anyone else, you can trust Claery & Green to provide you with the committed, experienced and driven legal counsel needed to address the issue. Contact Claery & Green today by calling (877) 756-4111!

A new bill has been introduced that would protect deployed military service men and women in regards to child custody and visitation arrangements.

HR 4469 would prevent family courts from permanently changing or amending a child custody order while a service member is deployed overseas. If custody was temporarily changed while the parent was overseas, the court must reverse the change once the service member returns home from their deployment.

The sponsor of the bill, Rep. Michael Turner from Ohio, says the main objective of the legislation is to prevent the courts from using the deployment or the possibility of deployment against a service member when determining the best interest of a child in a custody case.

Turner’s bill has been met with support from both the Veterans of Foreign War (VFW) and the Iraq and Afghanistan Veterans of America (IAVA). Justin Brown of VFW expressed his belief that a person’s decision to serve their country should not reflect negatively on them during any judicial proceeding, and that although deployments are difficult on families, service members should not be punished for their deployments. He said “in most instances, the decision to deploy is not the service member's, it’s our government’s. We should not allow our government to then punish service members in juridical custody disputes.” And Tim Embree of IAVA says it is cruel and damaging to deployed service members to make them worry about child custody issues while they are fighting overseas.

During a courts martial, it’s important for any member of the U.S. military to be represented by an experienced military law attorney. Think about it, you’re going up against the United States, the most powerful country in the world with seemingly unlimited resources. You need someone on your side who can protect your interests and competently handle and address your case. An experienced  military defense lawyer at Claery & Green can defend you at your hearing the same way a criminal defense attorney defends a civilian accused of committing a crime. We have experience defending servicemen and women called to court martial for a variety of offenses, including

• Failure to obey an order
• Dereliction of duty
• Desertion
• Absent without leave (AWOL)
• Driving under the influence
• Distribution of a controlled substance
• Theft
• Sexual Assault
• Assault & battery
• Possession of child pornography
• Murder/manslaughter

As you know, courts martial can end very badly. You may drop in rank, lose pay, go to jail, have to perform additional hours of duty, or even be dishonorably discharged. At Claery & Green, our job is to make sure your hearing ends in the best possible outcome. We can quickly identify what charges you are up against and which defense strategies would be most effective.

For more information about our services, please  contact a military defense lawyer at Claery & Green today!