Federal Judge Says DADT Is “Unconstitutional”

Sep 10, 2010 by James

A Federal judge in Riverside, California plans to issue an injunction preventing the military from barring openly gay soldiers. The Justice Department, who heavily defended the policy during the trial, is expected to appeal the ruling. The judge said that the “Don’t Ask Don’t Tell” policy that the military has had in place since 1993 violates gay rights to due process.

U.S. District Court Judge Virginia A. Phillips said the policy ,which has kicked out more than 13,000 fit troops, does not preserve military readiness. She said the policy was having a “direct and deleterious effect” on the armed services. The Justice Department is apparently out of the loop on what battles to choose as both President Obama and the Joint Chiefs of Staff want the policy removed. The Justice Department is getting a chance to appeal the measure and they will.

Shockingly enough this case was brought about in 2004 by the largest gay Republican organization, Log Cabin Republicans. This victory makes it the first successful ruling against DADT since it was enacted by the Clinton era Congress.  The judge’s ruling attacks those who favor keeping DADT, which kicks out troops only because of orientation not readiness, by pointing out that more felons have been allowed to enlist because of the pressure caused by recruiting struggles. The judge also found convincing evidence that the military’s own actions showed that having gays in the service did nothing to impede military capabilities.

She goes on to say that the military has been forced to look at troops who would have once been denied due to lack of education, criminal record or fitness. Some of the 13,000 who have been discharged under the policy are personnel the military deems “vital” to the war effort; like doctors or Arabic language specialists.

The policy also violates gay men and womens right to free speech because heterosexual soldiers are allowed to openly discuss their sexuality. Spend five minutes around an infantry barracks and you will be fully versed in sexual education however one sided it may be.

This is certainly going to put pressure on Congress, which is currently at a stalemate on the issue, to either repeal the law or continue stalling until the Supreme Court rules on it. Constitutional scholar Kenji Yoshino of the New York University School of Law said that if necessary the case would be appealed all the way to the Supreme Court. The Supreme Court which always sides with the Constitution would certainly repeal the unjust law. In a 21st century world with a 21st century fighting force it really is ridiculous that we’re denying gays who want to volunteer to fight for our country. Any solider with a bit of sense will tell you that sexuality does not matter when in combat as long as you do your job and watch your buddy’s back.

Source: LA Times