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

India PM Modi's Party Distances Itself From Religious Conversions

BJP under fire for being slow to rein in hardline affiliate groups allegedly trying to promote Hindu-dominant agenda by luring Muslims and Christians to convert More

Anti-Whaling Group Found in Contempt of Court

Radical environmentalists who threw acid and smoke bombs at Japanese whalers in the waters off Antarctica continue their campaign to disrupt Japan's annual whale hunt More

UN's Ban Urges End to Discrimination Against Ebola Workers

Ban was speaking in Guinea on the second day of a whistle-stop tour aimed at thanking healthcare workers of the countries at the heart of the epidemic More

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.
US Decision on Cuba Underscores Divisions Among Miami Cubansi
X
Sharon Behn
December 19, 2014 9:34 PM
For decades, older, more conservative Cubans have been gathering at Café Versailles on the corner of Calle Ocho to eat Cuban food and talk politics. After hearing of President Barack Obama’s decision, a number of them gathered in front of the café with posters to protest. VOA's Sharon Behn reports on the situation.
Video

Video US Decision on Cuba Underscores Divisions Among Miami Cubans

For decades, older, more conservative Cubans have been gathering at Café Versailles on the corner of Calle Ocho to eat Cuban food and talk politics. After hearing of President Barack Obama’s decision, a number of them gathered in front of the café with posters to protest. VOA's Sharon Behn reports on the situation.
Video

Video Three Cities Bid for Future Obama Presidential Library

President Barack Obama still has two years left in his term in office, but the effort to establish his post-presidential library is already underway. The bid for the Obama Presidential Library is down to four locations in three states -- New York, Hawaii, and Illinois. As VOA’s Kane Farabaugh reports, each of them played an important part in the president’s life before he reached the White House.
Video

Video Cuba Deal is Major Victory for Pope’s Diplomatic Initiatives

Pope Francis played a key role in brokering the US-Cuba deal that was made public earlier this week. It is the most stunning success so far in a series of peacemaking efforts by the pontiff. VOA religion reporter Jerome Socolovsky has more.
Video

Video Fears of More Political Gridlock in 2015

2014 proved to be a difficult year politically for President Barack Obama and a very good year for the U.S. Republican Party. Republican gains in the November midterm elections gave them control of the Senate and House of Representatives for the next two years -- setting the stage for more confrontation and gridlock in the final two years of the Obama presidency. VOA National Correspondent Jim Malone has a preview from Washington.
Video

Video Sudan School Becomes Target of Aerial Attacks

The school dropout rate is at an all-time high in Sudan's South Kordofan state because many schools have been destroyed during the three-year civil war between the government and SPLA-N rebel forces. Adam Bailes visited Sudan's Nuba Mountains' region and reports many children are simply too scared to go to school
Video

Video VOA Reporter Tours Devastated Peshawar School

Islamist militants wearing military uniforms and strapped with explosives attacked a military run school Tuesday in the northwestern Pakistani city of Peshawar. At least 141 people were killed in the horrific attack, most of them young students. VOA reporter Ayaz Gul visited the devastated school and attended the funeral of the principal who courageously tried to save her students from the deadly attack.
Video

Video Nigerians Fleeing Boko Haram Languish in Camp Near Capital

In its five-year effort to impose Islamic law in northeastern Nigeria, the Boko Haram extremist group has killed thousands of people and forced hundreds of thousands to flee. Some of those who ran for their lives now live in squalor on the edges of the capital, Abuja. Chris Stein reports for VOA.
Video

Video Aceh Rebuilt Decade After Tsunami, But Scars Remain

On December 26, 2004 there was an earthquake in the Indian Ocean so powerful it caused the Earth’s axis to wobble a few centimeters. Onshore on the island of Sumatra, the resulting tsunami was devastating. A decade later, VOA Correspondent Steve Herman reports from Banda Aceh, Indonesia, where although there is little remaining evidence of the physical devastation, the psychological scars among survivors remain.

All About America

AppleAndroid