Don't Ask Don't Tell Policy Faces Senate Vote

The effort to end the military's Don't Ask Don't Tell policy faces a major hurdle today with Republican Sen. John McCain vowing to filibuster a vote on a defense bill that includes a controversial repeal of the law.

Democratic supporters of the bill say it's unclear they have the 60 Senate votes needed to override McCain, despite unprecedented popular and legislative support for allowing openly gay and lesbian individuals to serve in the military.

McCain, a war hero and outspoken advocate for the armed forces, insists changing the policy now would hurt military readiness and unit cohesion in the middle of two ongoing wars. He and other Republicans want Congress to wait to consider a repeal until the Pentagon completes a review of the impact of changing the policy.

"This is turning legislation related to our national defense and military preparedness into a vehicle to force a partisan agenda through the Senate, often on a party-line vote," said McCain, the top Republican on the Senate Armed Services Committee. "Their desperation because they see a Nov. 2 election coming up is palpable."

But many Democrats say McCain is the one playing politics, since language in the Senate bill states any change to the current policy would depend upon completion of the military study, expected by December, and certification from the Pentagon that military readiness would not be harmed.

Critics of McCain also note he previously indicated an openness to a change in the policy if top military brass supported the move.

"The day that the leadership of the military comes to me and says, 'Senator, we ought to change the policy,' then I think we ought to consider seriously changing it," McCain said in 2006.

Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen both endorsed ending the policy in Congressional testimony in May.

The House has already approved a conditional repeal of Don't Ask Don't Tell.

McCain's wife, Cindy, and daughter, Megan, also support ending the ban on openly gay and lesbian service members.

More than 75 percent of Americans believe gays should be allowed to serve openly in the military, a support rate higher than at any other time since the policy took effect in 1993, according to the most recent ABC News/Washington Post poll.

Maine Republicans Eyed as Votes for DADT Repeal

"We are optimistic we'll be able to hold all our Democrats and hopeful we'll be able to find some Republicans to help us get cloture," a Democratic leadership aide told ABC News of the vote to move the defense bill to the floor.

Maine Republican Sens. Olympia Snowe and Susan Collins have been the focus of Democratic advocates seeking to win votes from across the aisle. Pop star Lady Gaga held a rally in Portland, Maine, Monday to put a spotlight on the state and pressure on the lawmakers to support repeal.

"To the Senate, to Americans, to Olympia Snowe, Susan Collins, both of Maine, and Sen. Scott Brown of Massachusetts. Equality is the prime rib of America. Equality is the prime rib of what we stand for as a nation. And I don't get to enjoy the greatest cut of meat my country has to offer. Are you listening?" she screamed as the crowd cheered.

A spokeswoman for Sen. Olympia Snowe said she is "still reviewing everything," while Sen. Susan Collins voted for the repeal at the committee level but has yet to say if she will vote for the bill on Tuesday.

On Monday Republican Scott Brown of Massachusetts said he will vote against the defense measure due to Senate Majority Leader Harry Reid's plan to later attach the DREAM Act amendment, which would provide a path to legal status to young illegal immigrants who came to the U.S. before age 15 and complete college or military service.

"I am opposed to illegal immigration and I am deeply disappointed that Washington politicians are playing politics with military funding in order to extend a form of amnesty to certain illegal immigrants," Brown said in a statement.

A majority of Republicans have echoed Brown, arguing Reid's inclusion of Don't Ask Don't Tell and the DREAM Act in the annual defense bill are meant to score political points and unrelated to the intent of the legislation.

"I've been to Afghanistan and Iraq numerous times and I haven't had one soldier ask me about the DREAM Act," Sen. Lindsey Graham said Monday. "I think this is politics at its worst."

Senate Minority Leader Mitch McConnell argued last week that the Don't Ask, Don't Tell repeal and the DREAM Act were "extraneous measures that have nothing to do with defense," making the bill "needlessly controversial."

Dems Argue Gays, Immigrants Relevant to Defense Bill

But with gays and immigrants serving in the military, Democrats retort that both Don't Ask, Don't Tell and the DREAM Act have plenty to do with national security.

"We've enacted a defense authorization act every year for the last 48 years and we need to do the same this year," said Democrat Sen. Carl Levin, who heads the Senate Armed Services Committee. "I hope we can at least make some progress during the next few days and weeks on this bill."

If the defense authorization measure receives 60 votes Tuesday, it will move forward to the floor for full debate but isn't likely to receive an up or down vote until November.

However, if Democrats can't get 60 votes tomorrow, then it'll be back to the drawing board, with a litany of other issues such as the Bush tax cuts, food safety, and government funding still left to be taken up before the lame-duck session. That might be a welcome development for some lawmakers who are none too excited about debating issues such as immigration and gays serving openly in the military only weeks before the elections.