A federal judge has ordered a complete end to the “Don’t Ask Don’t Tell” or “DADT” policy in the military. The law instituting the Don’t Ask Do not Tell policy had been passed throughout the Clinton administration. Essentially, the law said that gay and lesbian service personnel could not be kicked out of the service if they never revealed their sexual orientation. The law also prevents personnel from being asked about their orientation. However, they can be discharged if they are found out.
Judge would like Don’t Ask Don’t Tell stopped
Log Cabin Republicans vs. the United States is a court case about the DADT policy. The government was sued as the plan was unconstitutional according to the Log Cabin Republicans. In September, Judge Virginia Phillips found in their favor. She needed to decide what would be done with the DADT policy. Until further notice, the policy was suspended. Judge Phillips said that the Do not Ask, Do not Tell policy needed to be stopped on Tuesday Oct 12. She ordered that discrimination of gay or lesbian personnel within the service must end instantly. ABC reports what Defense Secretary Robert Gates had to say over it. He said the courts shouldn’t even be allowed for making this decision. The Pentagon hasn’t responded. The reaction might never come.
Repealing the decision is the White House plan
A Don’t Ask Don’t Tell repeal has been talked about for years. Robert Gibbs said lately DADT would be gone soon. Gibbs is the White House Press Secretary. Cable News Network accounts that Congress is seeing a DADT bill right now which would repeal the practice. Congress wanted the decision to be stayed until it had a chance to vote on the bill. Obama hopes that gay and lesbian service members will get equal protection by the law being repealed.
Judiciary’s specific role
The role of the courts in the United States is really to do just what Judge Phillips did. Judiciary members are expected to stop Congress. If the Constitution is being violated, someone needs to end it. Laws won’t stand long if the Constitution is being contradicted. The federal court system does not listen to public opinion however makes decisions based on the interest of the law.
Articles cited
CNN
cnn.com/2010/US/10/12/judge.dont.ask.order/index.html?hpt=T2
ABC News
abcnews.go.com/Politics/wirestory?id=11870880 and page=1
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