Thursday, September 23, 2010

NT Tmes to Obama: Do Not Appeal DADT Court Ruling

In its main editorial, the New York Times has opined that it's time for the Obama administration to decline an appeal of the ruling in Log Cabin Republicans v. United States that ruled that DADT is unconstitutional. An new Palm Center report concludes that Obama DOES have the discretion to simply not appeal the decision. Such action would then leave the controversy focused on the scope of any injunction against enforcement of the DADT entered by the federal district court. Obviously, IF Obama actually gave a a flying f*** about LGBT Americans, he'd follow this course of action. Sadly, I doubt he will do so. Instead, I predict that he will put the religious bigotry of a minority of Americans over the U.S. Constitution. If this happens, LGBT citizens need to focus on funding the appeal as opposed to giving a dime to the DNC or other Democrat organizations. The Palm Center report can be found here. Here are highlights from the New York Times editorial:
*
The best chance this year to repeal the irrational ban on openly gay members of the military slipped away Tuesday, thanks to the buildup of acrimony and mistrust in the United States Senate.
*
This is, in fact, an election year, but the debate over the military’s discrimination policy has gone on for years, and the looming balloting does not absolve Congress of the duty to address this denial of a fundamental American right.
*
No evidence has been found that open service by gay and lesbian soldiers would harm the military; in fact, a federal judge recently found the opposite. The policy has led to critical troop shortages by forcing out more than 13,000 qualified service members over the last 16 years, according to the judge, Virginia Phillips.
*
President Obama, the House and a majority of senators clearly support an end to “don’t ask, don’t tell,” but that, of course, is insufficient in the upside-down world of today’s Senate, where 40 members can block anything.
*
If the military’s unjust policy is not repealed in the lame-duck session, there is another way out. The Obama administration can choose not to appeal Judge Phillips’s ruling that the policy is unconstitutional, and simply stop ejecting soldiers.
*
But that would simply enable lawmakers who want to shirk their responsibility. History will hold to account every member of Congress who refused to end this blatant injustice.

No comments: