DADT ruled unconstitutional

http://www.politico.com/blogs/bensmith/0910/Federal_judge_overturns_Dont_Ask_Dont_Tell.html?showall

A Federal Judge in California has ruled that the ban on gays in the military violates the Constitutional rights of gay and lesbian soldiers to due process and to freedom of expression.

District Court Judge Virginia Phillips -- a Clinton appointee -- also wrote that the policy has had a "deleterious effect" on the military and issued an injunction restraining the military from enforcing the policy, though the government may appeal.

The Log Cabin Republicans filed the lawsuit against Defense Secretary Robert Gates, and Phillips cited in her ruling the Obama administration's desultory defense.

"[D]efendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the act," she wrote.

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So the question is now will the Obama administration appeal this decision or not? If they do, he will face the wrath of many voters, if they don't he will force Gates to move up the time line before the survey is complete and can undermine the morale of the military members...i.e. you said you wanted my opinion, but had made your decision before I gave you an answer.

OBTW, I am for the repeal of DADT, but understand that the intricacies in repealing it in a proper way and not a knee jerk reaction will be required.

I'm wondering how the idea that the UCMJ does not exactly conform to normal US laws, could play into this.

This does seem like jumping the gun. I guess these groups are not willing to wait. It makes sense, since it is viewed as a fundamental injustice. Generally, people get impatient. Yet, this doesn't seem smart, to me.

It's not smart to jump the gun....will be interesting to watch.

I'm under the impression that this Court does not have jurisdiction over this issue.

I think that is also what the US was arguing in the case. My best guess is this ruling will be "ignored".

kp2001 said:

I'm under the impression that this Court does not have jurisdiction over this issue.

I think that is also what the US was arguing in the case. My best guess is this ruling will be "ignored".

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Most probably this ruling will be "stayed"--legally put on hold--until it has been ruled upon by the Court of Appeals for the Ninth Circuit (which deals with federal cases from the West Coast.) The fact that the Justice Department defended the law (although apparently somewhat reluctantly) at the trial court level is pretty good evidence that there will be an appeal. DADT is a Congressional law, so it can be challenged in federal courts on Constitutional grounds, but there will be issues as to (1) whether the Courts should get involved in light of a tradition of deference toward military decision-making about what is necessary to an effective fighting force; and (2) whether the Supreme Court ruling in 2004 overturning criminal laws targeting consensual homosexual activity changes the legal landscape as to DADT.

Whatever becomes of this case, I agree with all those who suspect that a court ruling overturning DADT would be less accepted and more controversial than a Congressional repeal based upon recommendation from the Secretary of Defense and uniformed service chiefs.