Wednesday, October 20, 2010

DADT policy declared unconstitutional and ordered to halt

The “Don’t Ask Don’t Tell” or “DADT” plan of the military had been just lately challenged in Federal court. The presiding judge overturned the policy, and has requested the military end enforcing it instantly. The Clinton administration had been behind the law that instituted the Don’t Ask Do not Tell policy. The gist of the plan is that gay and lesbian personnel cannot be kicked out if they never reveal their orientation. Service members could be discharged if they’re found out, however superiors can’t ask about this unless flagrantly clear.

Judge states Don’t Ask Don’t Tell has to stop

The court case over the DADT policy is Log Cabin Republicans v. The United States. The Log Cabin Republicans think the plan is unconstitutional. That is why the government is getting sued. Judge Virginia Phillips agreed with them in September. She needed to decide what would be done with the DADT policy. Until further notice, the plan was suspended. Judge Phillips said that the Do not Ask, Don’t Tell plan needed to be ended on Tues Oct 12. She said that there cannot be any discrimination within the service against gay or lesbians. Defense Secretary Robert Gates, based on ABC, does not think it is an appropriate issue for the courts to choose. The Pentagon has yet to comment on the case.

Plans from the White House to repeal the decision

For years there has been word that a DADT repeal would be coming. DADT is on its way out according to White House Press Secretary Robert Gibbs. Cable News Network reports that Congress is seeing a DADT bill right now which would repeal the practice. 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.

What the judiciary is for

Doing what Phillips did is what the courts within the United States are intended to do. Congress is intended to be stopped when violating the Constitution by the judiciary. If laws contradict Constitutional statues, they cannot stand. The federal court system doesn’t listen to public opinion however makes decisions depending on the interest of the law.

Citations

CNN

cnn.com/2010/US/10/12/judge.dont.ask.order/index.html?hpt=T2

ABC News

abcnews.go.com/Politics/wirestory?id=11870880 and page=1



No comments:

Post a Comment