News / USA

    Judicial Battle Continues Over Repeal of Openly-Gay Military Service Ban

    Service members stand together after they handcuffed themselves to the fence outside the White House in Washington during a protest for gay rights, 16 April 2010 (file photo)
    Service members stand together after they handcuffed themselves to the fence outside the White House in Washington during a protest for gay rights, 16 April 2010 (file photo)

    The U.S. Defense Department says it has told military recruiters to begin processing applications from potential recruits who state they are homosexual.  Tuesday's announcement was in response to a court order by a federal judge who suspended the Pentagon's policy that requires homosexual service members to keep their sexual orientation a secret, and bans recruiters and commanders from asking about it.  Meanwhile, the judge has indicated that she will turn down the Obama administration's request for a stay of last week's ruling that ended the expulsion of gays from the U.S. military. President Barack Obama now finds himself in a paradox; urging Congress to repeal the law, while defending it in court.

    Enacted in 1993, the law known as "Don't Ask, Don't Tell" allows homosexuals to serve in the U.S. armed forces as long as their sexuality remains secret.  President Barack Obama says the law is discriminatory and detrimental to national security, as it has led to the expulsion of more than 14,000 military personnel

    "This policy will end, and it will end on my watch," said President Obama.

    Last week, a federal judge found "Don't Ask, Don't Tell" unconstitutional, and ordered the military to halt all investigations and discharges of gay service members.  Civil-rights groups urged the White House to accept the ruling and decline to appeal, effectively killing "Don't Ask, Don't Tell."

    But President Obama says he is duty-bound to defend existing laws in court - even laws he wants to end.  "I do have an obligation to make sure I am following the rules.  I cannot simply ignore laws that are out there.  I have to make sure they are changed."

    And the path to change, according to the president, is through Congress.

    The House of Representatives already has voted to repeal "Don't Ask, Don't Tell" - but just weeks ago the U.S. Senate failed to overcome a Republican filibuster of a defense bill that included repeal of the law.  

    The White House continues to insist the law will end, but sources on Capitol Hill are not so sure.  A spokesperson for Senate Majority Leader Harry Reid said there are "no guarantees" the votes will materialize to repeal the law in a post-election session of Congress or next year, when Republicans are expected to have more seats in both chambers.

    Arizona Republican Senator John McCain, who led the procedural maneuver blocking debate on ending "Don't Ask, Don't Tell" last month, has pledged to do so again in December.  "Absolutely.  I will filibuster or stop it from being brought up."

    Congressional observer Norman Ornstein of the American Enterprise Institute doubts Senate Democrats will overcome another filibuster in the so-called "lame duck" session of Congress.

    "There simply will not be the time or the inclination to take this all the way to the limit," said Ornstein.  "And so I suspect we are going to have to wait for another day to see a real resolution of the 'Don't Ask, Don't Tell' question."

    In fact, some advocates for gay service members fear the best chance for repealing the law may be over.

    Servicemembers United director, Alex Nicholson, is a former Army intelligence specialist and Arabic linguist who was discharged under "Don't Ask, Don't Tell" in 2002.

    Nicholson believes President Obama genuinely wants to change the law, but has not been aggressive enough in fighting for it.  But Nicholson has not abandoned hope entirely, noting that a Pentagon study on the impact of repealing the law is due in December.

    "Although we are not as optimistic about getting repeal of 'Don't Ask, Don't Tell' in the next Congress, one thing we will have on our side is this [Pentagon] report," said Nicholson.  "And so if in the next Congress we tackle 'Don't Ask, Don't Tell,' we will have a road map from the military laying out all the issues they may have to deal with, with existing contingency plans for dealing with those issues."

    Nicholson hopes the report will allay concerns among moderate Republicans in the Senate who say the ban is unjust, but nonetheless voted to sustain last month's filibuster.
    Nicholson also said he would prefer President Obama not defend "Don't Ask, Don't Tell" in court.

    Georgetown University constitutional law professor Susan Bloch says, however, the president's hands are tied.  "It is the tradition that the administration will defend the law in most cases.  And the challenge in the "Don't Ask, Don't Tell" law is a challenge of the individual rights of the service members, not a constitutional challenge to executive power."

    Meanwhile, the United States is witnessing, and the U.S. military is experiencing, the de facto halt of the "Don't Ask, Don't Tell" law.  

    For years, defenders of the policy predicted chaos and dissension in the armed forces if gay discharges were halted.  A Pentagon spokesman said Monday that no disciplinary problems or mass-resignations have been reported since last week's judicial injunction.

    Public-opinion polls show roughly three-fourths of Americans support allowing gays to serve openly in the military.

    You May Like

    Video Democrats Clinton, Kaine Offer 'Very Different Vision' Than Trump

    In a jab at Trump, Clinton says her team wants to 'build bridges, not walls'; Obama Hails Kaine's record; Trump calls Kaine a 'job-killer'

    Turkey Wants Pakistan to Close Down institutions, Businesses Linked to Gulen

    Thousands of Pakistani students are enrolled in Gulen's commercial network of around two dozen institutions operating in Pakistan for over two decades

    AU Passport A Work in Progress

    Who will get the passport and what the benefits are still need to be worked out

    This forum has been closed.
    Comments
         
    There are no comments in this forum. Be first and add one

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    In State of Emergency, Turkey’s Erdogan Focuses on Spiritual Movementi
    X
    July 22, 2016 11:49 AM
    The state of emergency that Turkish President Recep Tayyip Erdogan has declared is giving him even more power to expand a purge that has seen an estimated 60,000 people either arrested or suspended from their jobs. VOA Europe correspondent Luis Ramirez reports from Istanbul.
    Video

    Video In State of Emergency, Turkey’s Erdogan Focuses on Spiritual Movement

    The state of emergency that Turkish President Recep Tayyip Erdogan has declared is giving him even more power to expand a purge that has seen an estimated 60,000 people either arrested or suspended from their jobs. VOA Europe correspondent Luis Ramirez reports from Istanbul.
    Video

    Video Scientists in Poland Race to Save Honeybees

    Honeybees are in danger worldwide. Causes of what's known as colony collapse disorder range from pesticides and loss of habitat to infections. But scientists in Poland say they are on track to finding a cure for one of the diseases. VOA’s George Putic reports.
    Video

    Video Wall Already Runs Along Parts of US-Mexico Border

    The Republican Party’s presidential nominee, Donald Trump, gained the support of many voters by saying he would build a wall to keep undocumented immigrants and drugs from coming across the border from Mexico. Critics have called his idea impractical and offensive to Mexico, while supporters say such a bold approach is needed to control the border. VOA’s Greg Flakus has more from the border town of Nogales, Arizona.
    Video

    Video New HIV Tests Emphasize Rapid Results

    As the global fight against AIDS intensifies, activists have placed increasing importance on getting people to know their HIV status. Some companies are developing new HIV testing methods designed to be quick, easy and accurate. Thuso Khumalo looks at the latest methods, presented at the International AIDS conference in Durban, South Africa.
    Video

    Video African Youth with HIV Urge More Support

    HIV, the virus that causes AIDS, is the top killer of teens in sub-Saharan Africa. But many youths say their experience with the virus is unique and needs to be addressed differently than the adult epidemic. VOA South African Correspondent Anita Powell reports.
    Video

    Video Poor Residents in Cleveland Not Feeling High Hopes of Republican Convention

    With the Republican Party's National Convention underway in Cleveland, Ohio, delegates and visitors are gathered in the host city's downtown - waiting to hear from the party's presidential candidate, Donald Trump. But a few kilometers from the convention's venue, Cleveland's poorest residents are not convinced Trump or his policies will make a difference in their lives. VOA's Ramon Taylor spoke with some of these residents as well as some of the Republican delegates and filed this report.
    Video

    Video Pop-Up Art Comes to Your Living Room, Backyard and Elsewhere

    Around the world, independent artists and musicians wrestle with a common problem: where to exhibit or perform? Traditional spaces such as museums and galleries are reserved for bigger names, and renting a space is not feasible for many. Enter ArtsUp, which connects artists with venue owners. Whether it’s a living room, restaurant, office or even a boat, pop-up events are bringing music and art to unexpected places. Tina Trinh has more.
    Video

    Video With Yosemite as Backdrop, Obama Praises National Parks

    Last month, President Barack Obama and his family visited some of the most beautiful national parks in the U.S. Using the majestic backdrop of a towering waterfall in California's Yosemite National Park, Obama praised the national park system which celebrates its 100th anniversary this year. He talked about the importance of America’s “national treasures” and the need to protect them from climate change and other threats. VOA’s Julie Taboh reports.
    Video

    Video Counter-Islamic State Coalition Plots Next Steps

    As momentum shifts against Islamic State in Iraq, discussions are taking place about the next steps for driving the terrorist group from its final strongholds. Secretary of State John Kerry is hosting a counter-IS meeting at the State Department, a day after defense ministers from more than 30 countries reviewed and agreed upon a course of action. VOA Pentagon correspondent Carla Babb reports.
    Video

    Video Russia's Participation at Brazil Olympic Games Still In Question

    The International Olympic Committee has delayed a decision on whether to ban all Russian teams from competing in next month's Olympic Games in Brazil over allegations of an elaborate doping scheme. The World Anti-Doping Agency recently released an independent report alleging widespread doping by Russian athletes at the 2014 Winter Olympics in Sochi. So far, only Russian track and field athletes have been barred from the Summer Games in Brazil. VOA's Zlatica Hoke has more.
    Video

    Video Scotland’s Booming Whisky Industry Fears Brexit Hangover

    After Britain’s vote to leave the European Union, Scotland’s government wants to break away from the United Kingdom – fearing the nation’s exports are at risk. Among the biggest of these is whisky. Henry Ridgwell reports on a time of turmoil for those involved in the ancient art of distilling Scotland’s most famous product.
    Video

    Video Millennials Could Determine Who Wins Race to White House

    With only four months to go until Americans elect a new president, one group of voters is getting a lot more attention these days: those ages 18 to 35, a generation known as millennials. It’s a demographic that some analysts say could have the power to decide the 2016 election. But a lot depends on whether they actually turn out to vote. VOA’s Alexa Lamanna reports.

    Special Report

    Adrift The Invisible African Diaspora