As military leaders in Washington such as Defense Secretary Robert Gates search for “a more humane policy” in lieu of the current “Don’t Ask, Don’t Tell” policy, where is the humanity in the June 30 death of U.S. Navy sailor Seaman August Provost, 29, stationed at Camp Pendleton, who was shot and left to die in a guard shack that was set on fire?

Officials on the base have all but ruled out Provost’s sexual orientation as having anything to do with his murder. But sources in San Diego beg to differ.

Those sources, disclosed or not, have at least two powerful allies: U.S. Representatives Bob Filner and Susan Davis. Filner went so far as to suggest there are indications that the murder was hate related, and that the military is notorious for covering such actions up.

Filner heads up the House Committee on Veterans Affairs, and has promised a full investigation. Davis serves on the powerful House Armed Services Committee. She, too, has called for an investigation.

In fact, Provost’s aunt stated that he had been the target of harassment and intimidation for some time.

Provost’s boyfriend, Kaehter Cordero, reminds us why “Don’t Ask, Don’t Tell” isn’t humane: There’s no place to turn for help. If you go to the military authorities, you are removed from serving your country.

But there is one place left to turn: the Commander in Chief.

With a stroke of the pen, President Obama could suspend the policy while Congress works out the details.

Admiral Mike Mullen, the chair of the Joint Chiefs of Staff told CNN this past weekend, “It’s very clear what President Obama’s intent is. He intends to see the law change.”

But Mullen says he favors a more measured approach.

“I haven’t done any kind of extensive review. And what I feel most obligated about is to make sure I tell the president, you know, give the president my best advice, should this law change, on the impact on our people and their families at these very challenging times,” he said.

These are challenging times. And yet, in these challenging times, more than 200 GLBT service members have been kicked out of the military. That’s just since President Obama took office.

Would it not be more prudent to utilize the best and brightest, those with the highest level of skill, regardless of race, religion, gender or sexual orientation?

Most military leaders will tell you that pound-for-pound, the Israeli military is the most powerful militia in the world. Israel allows its GLBT soldiers to serve openly, as do the United Kingdom, Germany, Canada and nearly 20 other nations.

The fact is that merely by codifying the incompatibility of serving in our military and being openly gay or lesbian, hate crimes will happen. Suggesting that gays and lesbians are not worthy of serving in our military gives those who harbor hate a platform from which to spring forth their discrimination.

DADT affects more than the hundreds of qualified service members who have been discharged. The result of this inhumane policy may just extend to Oceanside, in a little wooden shack on outskirts of a military base – the one with the burnt planks.

Provost’s death comes at a time when we are at a crossroads of celebration: As we celebrate the liberties that are afforded us by the men and women who stand guard both athome and abroad, we salute our troops on Independence Day. We are also soberly reminded of the thousands who have died for our nation. But we also believe that many of those lives could have been saved by those who have been discharged under this inhumane policy.

As we move into Pride season, we celebrate the 40th Anniversary of Stonewall and the liberties that we now enjoy as a result of the hard won civil rights battles of gays and lesbians. We are soberly reminded of the thousands who serve in silence every day. But we also believe that the day is soon when our Commander in Chief will – when he must – reverse this policy.

That will be a day that will teach our children – and the world – that the pen is indeed, mightier than the sword.