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Federal Court Ruling: Calls on President Obama: Don’t Defend DADT

By Melanie Nathan; 09-10-10;

Late yesterday afternoon we were amongst the few news outlets to break the exciting news about the federal ruling on DADT.

In May, the House passed legislation to repeal “don’t ask, don’t tell” based upon the future result of a Pentagon study to determine the military can adapt to the changes.  There has yet to be a vote in the Senate.

Yesterday a federal judge in Riverside, California, declared the U.S. military’s ban on openly gay service members unconstitutional, saying the “don’t ask, don’t tell” policy violates the 1st Amendment rights of lesbians and gay men; and further  that the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

U.S. District Court Judge Virginia A. Phillips issued an injunction barring the government from enforcing the DADT policy.

The U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.

What is going to happen next?

The Democratic-controlled Congress is now teetering toward- perhaps, at best, a lame duck session – then woe betide the- be -nice-fest is over as Democrats lose control of Congress.  There is a chance that if the President does not act quickly now to conclude what they had started the Democrats will fail to repeal DADT.

The fact that the Obama administration did not put on any witnesses and also made a somewhat feeble case to uphold DADT as law, may provide hope of a reluctance on the part of this administration to appeal this Federal decision. (In the same way as Governor Schwarzenegger chose not to appeal in California Prop 8 overturn; perhaps not compelled to do so!)

Don’t hold your breath, even in the changing tide where the Courts seem to be deciding pro-Equality- we all know that this ‘cautious -too -nice- middle -of- the- road -neither- here -nor- there – President’ – may not feel compelled to do what has been his pattern – of his version of the “right thing,”  which has been to speak out against DADT but yet to defend DADT and uphold the law.

Well now the landscape has changed. We all know the LGBT version of “the right thing.”   Instead of questioning whether the President will lead an appeal – some activists are questioning Obama’s leadership role as President and Commander Chief, in this, a scenario where the Court has ruled a policy affecting the Military  to be unconstitutional.  The question is should the President be proactive in hastening the impeachment of this abhorrent policy through an immediate call to Congress to move quickly to vote for repeal.

We asked these questions of some activists tonight and Robin McGehee of Get Equal provided us with this comment:-

“This is the moment of truth for President Obama and his administration. It would be a travesty for the President’s own Department of Justice to move forward with appealing this case. The LGBT community has been asking the President to stand up and offer real leadership on the repeal of ‘Don’t Ask, Don’t Tell’ and now is the time for X Obama and Attorney General Eric Holder to take this opportunity to act on the right side of history and ensure that this ruling is carried out swiftly, fully, and justly. Now is the time for President Obama to stand by his words, from this year’s State of the Union address, that repealing “Don’t Ask, Don’t Tell” is “the right thing to do.”

We urge President Obama and Attorney General Eric Holder to act in accordance with nearly 80 percent of the American people, distinguished military leaders, active-duty servicemembers, and courageous veterans to ensure that this ruling is carried out without delay. We also urge Senate Majority Leader Harry Reid to take this ruling into the chambers of Congress next week and schedule a vote IMMEDIATELY in order to continue the process of ushering this discriminatory law into the history books where it belongs.”

Other comments can be seen on Joe’s Blog including that of Servicemembers Legal Defense Network – “We’re pleased by the judge’s decision, but this decision is likely to be appealed and will linger for years. Congress made the DADT law 17 years ago and Congress should repeal it. The Senate will have the opportunity to do just that this month and most Americans think the Senate should seize it.”

In line with a proactive approach Defending the Constitution and not the DADT Policy ought to be the President’s Primary agenda – due to the fact that a Federal  injunction has been ordered- surely the President ought to instruct the military accordingly – to refrain from discharges under DADT and to allow gays and lesbians to serve openly, pending repeal?

by Melanie Nathan
nathan@privatecourts.com
@oblgdeeoblogda

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