Wednesday, October 13, 2010

Don't Ask Don't Tell Unconstitutional but Not Repealed Yet


U.S. District Judge Virginia Phillips who issued  a landmark ruling on Sept. 9, declaring the policy 17 year old policy unconstitutional, on Tuesday stated in her worldwide Injunction of the policy:
Furthermore, there is no adequate remedy at law to prevent the continued violation of service members' rights or to compensate them for violation of their rights
While Justice Phillips ordered the U.S. to immediately stop discharging gay and lesbian service members, it not yet safe for those that are serving to come out. The ruling is expected to be appealed by the Department of Justice, which has 60 days to decide whether it will do so. President Obama, while agreeing that the 1993 policy signed into law by former President Clinton, should be abolished, is leaving it up to Congress to decide. It is expected the DOJ will indeed appeal the decision to the 9th Circuit Court of appeals.




The "don't ask, don't tell" policy prohibits the U.S. Military from asking about the sexual orientation of service members, but also bans those who are openly gay. Anyone who decides to come out while the policy is in effect are subject to discharge under the rule. As of this date over 14,000 service members have been discharge, most notably among them, Lt. Dan Choi, a very highly qualified Arabic Linguist.

The Service Members Legal Defense Network, which is a national organization devoted to assisting those affected by "don't ask, don't tell, cautioned military members to not disclose their sexual orientation at this time. Please pass this information on (as discretely as you can) to those that would be most affected by it.

I spent most of last night speaking to one service member who is a buddy of mine. He told me that his heart “was crushed” by all the his colleagues who have come out as of yesterday. He, as well as I, knows that it is not yet safe for those in the military to out themselves. Let’s hope that this unfair and highly damaging policy is finally ended soon.

2 comments:

  1. I applaud you and other bloggers who keep up with the news involving the LGBT community. I've never been a politics buff of any sort, but I try to keep abreast of many issues to the best of my ability. Honestly Stone, after working on my blog for a few months, in my own little way, I think I'm slowly becoming a more open advocate of solving gay issues. Though my way is a bit more of an inward reflection, reading blogs such as yours, Towleroad, Rod, and many others, I feel like I get closer to understanding the overal spectrum of what our community faces each and every day.

    I currently have a friend who is serving in the Navy. I spoke with him the other day and inquired about his treatment. He stated that no one bothers him, but he hasn't openly stated his orientation either. I just feel that this whole DADT thing is, for lack of trying to sound intellectual, scraight up stupid (yeah, "scraight," lol). That's why I'm not big on tackling issues like this because my answer would always be, "Stop trippin'!" Why does it matter if a guy is gay or straight. Be happy he wants to serve in the first damn place. - and that's why I wouldn't be able to cover subjects like that.

    This is tooo long, and my bad for it, lol. I just wish things would settle. It's funny how there are many things that are, how we say down here, "Too much like right," but people never want to just roll with it. I sigh. . .

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  2. Thanks for the comment Cappy. No it isn't too long. It's why I have the comment's open, so that others can give their views and insights as well. You're doing a great job as well on your blog. We all have our own style and ways of writing and dealing with things. I prefer a long comment as opposed to " nice post". It is a huge shame that it is taking the U.S. government such a long time to dismantle such an outright bigoted policy. Too many service members that give their all are being forced to live with losing so much more than they should. Hopefully this will be resolved soon. I only hope the appeals process (should Congress fail to act)won't be prolonged for years to come.

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