Federal judge orders DADT policy to stop immediately
A Federal judge has ordered the military to cease and desist the “Don’t Ask Don’t Tell,” or “DADT” policy. The law instituting the Don’t Ask Don’t Tell policy was passed during the Clinton administration. The law allows gay and lesbian members of the armed forces to remain in the service as long as they don’t disclose their sexual orientation. It also prevents anyone from directly inquiring, unless it is patently obvious.
Judge orders DADT to stop
The court case over the DADT policy is Log Cabin Republicans v. The United States. The Log Cabin Republicans sued the government, claiming that the policy is unconstitutional. In September, Judge Virginia Phillips found in their favor. She ordered DADT policy be suspended until she could decide what to do with it. On Tuesday, Oct. 12, Judge Phillips ordered Don’t Ask, Don’t Tell to be discontinued completely. She ordered that discrimination of gay or lesbian personnel in the service must stop immediately. Defense Secretary Robert Gates, according to ABC, does not think it is an appropriate issue for the courts to decide. The Pentagon has yet to comment on the case.
White House poised for repeal
A DADT repeal has been talked about for years. Recently, White House Press Secretary Robert Gibbs commented that DADT was on its way out. A DADT bill, which will repeal the practice, is currently before Congress, according to CNN. Congress wanted the decision to be stayed until it had a chance to vote on the bill. President Obama is in favor of repealing the law and extending equal protection to gay and lesbian service members.
Proper role of the judiciary
The role of the courts in the United States is actually to do just what Judge Phillips did. The judiciary is there to make sure that any laws Congress passes don’t violate the Constitution. If laws contradict Constitutional statues, they cannot stand. A federal judge is supposed to act in the best interest of the law, not bend to fickle and sometimes short-sighted public opinion.