Published: October 13, 2010
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CloseLinkedinDiggMixxMySpaceYahoo! BuzzPermalink The Obama
administration professes to oppose the odious and misguided policy of
banning gay soldiers from serving openly in the military. So it was
distressing to hear that the Justice Department plans to appeal a
federal court order that the military immediately stop enforcing the
law that is used to drum out gay service members once their sexual
orientation becomes known.
Related
Times Topic: Don't Ask, Don't Tell
The Future of 'Don't Ask, Don't Tell'
Should the decision be left up to the courts?
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We believe the "don't ask, don't tell" law was wrong from the day it
was passed 17 years ago. But, in any case, circumstances have changed
radically. As Judge Virginia Phillips pointed out when she ruled it
unconstitutional, the original premises for the policy have been
proved wrong, and there is no longer any good reason for continuing to
ruin people's lives by enforcing it.
Defense Secretary Robert Gates said the policy should not be lifted
abruptly because there are unresolved questions like whether straight
and gay soldiers should share barracks and whether the military should
pay benefits to partners of gay service members.
He said he wanted to wait until a review of practices and policies was
submitted on Dec. 1.
There is no need to wait. The answer to both questions is: Yes. It
would be a disaster if the military replaced this misbegotten policy
with official segregation and discrimination.
The breadth and vigor of Judge Phillips's ruling provided a welcome
jolt to an issue that had been stagnating. The best solution by far —
because it would reflect political consensus — would be for Congress
to repeal "don't ask, don't tell" as President Obama has requested.
The House voted to do that, but Republicans have blocked action in the
Senate. The climate is apt to get worse for civil rights after the
elections.
The next best solution was Judge Phillips's injunction, which ordered
the military to drop any investigation or discharge proceeding mounted
under the law against any gay service member anywhere. The injunction
would provide immediate relief to gay men and women while the
political and judicial wrangling over whether to repeal the act moves
sluggishly forward.
Judge Phillips had earlier ruled, based on persuasive evidence, that
"don't ask, don't tell" is unconstitutional because it infringes the
due process and free speech rights of gay service members, who are
forced to lie about central elements of their lives. She also made a
powerful case that the law was harmful to military readiness, the
opposite of what its authors said they intended.
Some 14,000 or more service members have been discharged under the
law, including many hundreds if not thousands with critical skills in
foreign languages, military intelligence, counterterrorism, weapons
development and military medicine. Meanwhile, the military was having
such trouble finding qualified recruits that it issued "moral waivers"
to convicted felons and lowered its educational and physical fitness
requirements.
The original rationale for "don't ask, don't tell" was that it would
enhance unit morale and cohesion — and thus military preparedness — by
shielding heterosexual soldiers from any knowledge that some of their
colleagues were gay. That rationale has not held up in the real world.
The judge found that the military has routinely delayed investigations
and discharges until suspected homosexuals completed their deployments
on combat missions. Their service was deemed vital in the war zones,
not detrimental.
Now that the administration is expected to appeal Judge Phillips's
ruling unnecessarily, we hope the appeals court lets it take force
immediately. It is unfair to persecute valued service members under an
outmoded and harmful law that should have been scrapped long ago.
More:
http://www.nytimes.com/2010/10/14/opinion/14thu1.html?scp=9&sq=gay&st=Search
--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy
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