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DADT Dead: Victory After 18-Year Battle Counter-Recruitment And NLG’s 2011 “Law for the People” Convention in Philadelphia, Oct. 12-16, see pg. 11 The Newsletter of the Military Law Task Force of ON WATCH the National Lawyers Guild Volume XXII, Number 3 September 2011 Counter-recruitment and School Demilitarization Past Victories, Recent Developments, Challenges Ahead BY RICK JAHNKOW Frequently, organizers saw no distinction between the issues of recruiting and Selective Service registration, Counter-recruitment and school demilitarization work in which had both positive and negative consequences. Posi- the U.S. has gone through several cycles of expansion and tive in the sense that fear of a possible return to the draft contraction during the last few decades. The first expan- fueled more youth-focused organizing and helped increase sion was during the early 1980s when it was supported by awareness of recruiting and militarism in schools. But on a small number of national organizations, such as the the negative side, the frequent focus on Selective Service AFSC, War Resisters League, CCCO and NLG. Most kept many activists from fully comprehending that eco- grassroots activities at the time were carried out by chap- nomics had become the primary factor driving the milita- ters of these organizations and a number of independent rization of young people, and that draft counseling was community peace groups. not an effective approach to the problem. Another nega- tive consequence was that as concern about conscription diminished in the late 1980s, the overall level of counter- Economics drove militarization of youth recruitment work also fell considerably. Many counter-recruitment organizers in the 1980s came from the Vietnam era anti-draft movement, so it was Fortunately, those groups that did continue to organize common for them to include draft counseling information deepened their analysis and developed more appropriate and as they also worked to counter the presence of military effective organizing approaches. For example, they focused recruiters in schools. This dual emphasis was encouraged on addressing the “poverty draft” by compiling and distribut- by the return of Selective Service registration in 1980 and ing literature on alternatives to enlistment. At the same time, the government‟s various efforts to coerce young men into compliance. (Continued on page 2) DADT Dead: Victory after 18-year battle Struggles Over Back Pay, Spousal Rights Continue BY JEFF LAKE plement the repeal of 10 U.S.C. 654, It has been quite a roller coaster On July 22, 2011, the President, the commonly known as “Don‟t Ask, ride trying to follow developments Secretary of Defense and the Chair- Don‟t Tell.” By this action, the law concerning the military‟s “Don‟t man of the Joint Chiefs of Staff trans- was repealed 60 days after July 22. Ask, Don‟t Tell” (DADT) policy mitted to the congressional defense This waiting period was part of a over the last several months. I will committees a written “certification” Congressional compromise in order attempt to summarize the most stating that they are prepared to im- (Continued on page 4) significant of these developments and analyze what lies ahead as the policy fades away. Landmark ruling favors vets - Page(Continued 5on page 4) Military Law Task Force September 2011 Page 2 ON WATCH (Continued from page 1) sion of new counter-recruitment ac- energetic organizers who came from they sought to either eliminate recruit- tivists occurred. Once again, many of as far away as Hawaii. The confer- ers from schools or at least secure the individuals were motivated by ence workshop topics and diverse equal access to give students alterna- fear of a returning draft, based on the participants were a compelling dem- tive information. As the tactics evolved assumption that the war would last onstration of how recruiting and the and improved, there were a number of long enough to make conscription militarization of youth formed an in- important achievements. For example: necessary (which, of course, it did tersection for many different issues, not). Fortunately, by this time the communities and generations. ▪ The principle of equal school ac- core of counter-recruitment organiz- cess for counter-recruiters was ing was embedded with greater One very important development was realized in many places, thanks to awareness of issues like the poverty the formation in 2004 of the National a combination of effective orga- draft and the broad danger posed by Network Opposing the Militarization nizing and a few successful law- growing militarism in the educational of Youth (NNOMY), which now of- suits decided in the late 1980s. system. This resulted in a more per- fers on its Web site (www.nnomy.org) ceptive activist base that could carry an enormous archive of online orga- ▪ Solid research produced high qual- on a bit longer when the fear of an nizing and educational resources, as ity tools for grassroots organizing, impending draft eventually began to well as a directory of over 140 grass- including a professionally produced fade. This positive cycle of organizing roots groups engaged in counter- slide show that eventually evolved energy held strong until it eventually recruitment or school demilitarization into a powerful educational DVD, began to follow a downward curve in -related activity. “Before You Enlist,” which is the late 1990s. widely used today. In the last two years, members of this 9/11 brought radical change network have been responsible for ▪ In many places, school policies Things changed radically, of course, major successes like the following: were passed that severely cur- after September 11, 2001. During the tailed, or completely banned, re- following eight years, counter- ▪ In some of the nation‟s largest cruiter access to students. recruitment and school demilitariza- school districts and the entire tion activism steadily increased to an state of Maryland, the military ▪ Opportunities for successful unprecedented intensity, mostly at can no longer recruit using data cross-community and cross-issue the local grassroots level. There gathered by giving the Armed organizing developed that had were national organizing conferences Services Vocational Aptitude Bat- not been available to the tradi- in 2003 and 2004 that drew 150-200 tery (ASVAB) test in high tional U.S. antiwar movement. people, and in 2009 a national schools. counter-recruitment and school de- When the U.S. launched military ac- militarization conference in Chicago ▪ Activists have secured policies tion against Iraq in 1991, a large infu- brought together a crowd of 300 that strictly limit recruiting activi- ON WATCH XXII.3 CONTENTS SEPTEMBER 2011 Editors Today’s counter recruitment and school demilitarization movement ....... 1 Chris Ford DADT repeal victory leaves many issues unresolved ....... 1 Kathleen Gilberd Ninth Circuit decision on veterans’ mental health treatment in Rena Guay Veterans for Common Sense v. Shinseki ...... 5 Jeff Lake MLTF News and Notes ....... 9 New Book from Courage to Resist - About Face: Military Resisters Production Turn Against War ...... 10 New Media Active MLTF events at “Law for the People” NLG convention in Philly ...... 11 Submissions, letters, comments or questions welcome. NLGMLTF.ORG Send to: [email protected] Military Law ON WATCH September 2011 Page 3 Task Force ties in the three largest school 1. ASVAB testing in high schools, where there have been organized districts (New York City, L.A. which affects 600,000 students a student boycotts, the schools and and Chicago) and a number of year, raises a number of legal is- JROTC staff take no action. They smaller ones, despite the man- sues because it focuses on legal ignore relevant military regula- date for recruiter access in No minors and is conducted without tions, the contract with the Child Left Behind. requiring parental approval or school district, and U.S. Code. If notification. Recruiters use the there were a way to require ▪ Though JROTC is almost impos- test to obtain highly personal in- compliance with the mandated sible to remove once it is in a formation that includes a stu- minimum enrollment level, it school, recent campaigns have dent‟s race/ethnicity, gender, So- could finally make effective orga- succeeded in weakening it by mo- cial Security number, birth date, nizing possible against this signifi- bilizing students and parents to contact information, future plans cant presence of militarism in protest mandatory JROTC en- and detailed aptitude profile. So schools. Legal work is needed rollment, in-school rifle ranges, far, prohibitions on using the test to explore this possibility. and the lack of school support for this purpose have been won for other courses critical to stu- only through intense struggles in What’s at stake dent success. individual school districts and, in In 2002, an urgent “Dear colleague” one case statewide (in liberal letter was circulated to social change The nnomy.org Web site has infor- Maryland). One NLG chapter did and antiwar organizations, progres- mation on all of these and other or- some preliminary research on sive media, and liberal foundations. It ganizing successes. relevant laws to positively influ- was signed by representatives of the ence a policy decision in the Los AFSC, Central Committee for Con- Diminution of activism in Angeles Unified School District. scientious Objectors, Center on Obama years poses challenges Legal work is now needed to Conscience and War, Project on Unfortunately, just as the antiwar explore the possibility of ac- Youth and Non-Military Opportuni- movement has lost energy since tion to affect ASVAB testing ties, and War Resisters League. The Obama‟s election, so has the move- nationwide. letter included background informa- ment to oppose the growing influ- tion and began with the following ence of militarism on young people. 2. JROTC is considered the most warning: Since 2010, the number of grassroots effective in-school recruiting tool counter-recruitment groups has be- for the Pentagon.
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