Judge Virginia A. Phillips refused to suspend her own ruling barring the implementation of the Federal Governments “Don’t Ask Don’t Tell” (DADT) policy. This means that for the first time openly gay and lesbian people can offer their services to the United States Military without fear of being rejected on grounds of sexual preference. Naturally, political activists both gay and straight, liberal and conservative, as well as the Obama Administration, have plenty to say on this ruling and it seems that hardly anyone agrees with it!
The Obama Administration is expected to ask the 9th Circuit Court of Appeals to stay (cancel) Judge Phillips’ ruling, not because they disagree with it, but because the Administration feels that DADT should be repealed legislatively and not by the judiciary. The Administration is also concerned that reversing a long standing policy while the military is engaged in serious combat operations, such as in Afghanistan, could upset these operations and well as be very costly and cumbersome to implement. They prefer that the Department of Defense devise an orderly and gradual implementation of the decommissioning of DADT that can be brought to the legislature and passed in congress.
Some conservatives and liberals are concerned that a democratically enacted policy, DADT, is being effectively overturned by a single Judge, thereby undermining the democratic process. The Log Cabin Republicans, an openly gay group, who brought the original case to court wants the Administration to stand by the judge’s ruling since they argue that both the First and Fifth Amendments to the Constitution are violated by DADT. Other gay activist groups are warning soldiers currently serving in the military to protect themselves and behave as if DADT were still in place until the entire issue is resolved.
If a man or a woman is willing and able to offer their services, which all too often means risking their very precious life in the defence of their country, then what business is it of anyone to question their sexual preference? How dare we enact a policy that tells an individual who may very well risk and lose their one life defending us, that they may not do so if they are gay or lesbian. If we need soldiers in the field to fight our deadly enemies who wish to destroy us then do we dare ask these heroes which side of the bed they sleep on?
Article first published as Judge’s Ruling Barring “Don’t Ask Don’t Tell” Stands on Technorati.