U.S. Judge Rules DADT Unconstitutional
September 10, 2010 by James Hipps
Late yesterday, US District Court Judge Virginia Phillips ruled the controversial military policy of “Don’t Ask Don’t Tell” unconstitutional as it violates the 1st Amendment rights of gay and lesbian persons wanting to serve in the armed forces, and issued an immediate injunction that would halt enforcement of the policy by the U.S. government.
But don’t hold your breath as an appeal is expected to be filed by the U.S. Department of Justice.
Over 14,000 active duty men and women have now been discharged from the U.S. military under the policy, costing the U.S. taxpayers an estimated $1.3 billion.
Recent polls have been consistent in showing a large majority of Americans support repealing the policy and there is currently an attachment to the Defense Authorization bill that would phase out “Don’t Ask Don’t Tell”. The bill has already passed in the House and is now awaiting a vote from the Senate due later this year.
This decision is the third time this year that a federal court has ruled that laws limiting the rights of LGBT Americans are unconstitutional. Prop 8 was ruled unconstitutional in August, and the federal Defense of Marriage Act (DOMA) was deemed unconstitutional in July.
Many have been highly critical of the Obama administration for not doing enough, fast enough to help LGBT Americans gain equality and inclusion but we have to step back and look at the big picture. It is difficult to imagine the momentum would be there without a President who has consistently spoke in favor of LGBT equality. It’s a leader’s role to get the ball rolling and it would appear President Obama has done just that. Since his short stint in office, polls show dramatic changes in public opinion with a majority now favoring equality, something that probably would never of happened if he had not been elected. The country has taken his lead as the first president to address the issues of LGBT discrimination and he’s been successful at being the catalyst for change without mandating that change.
Now, it’s up to all of us to keep the momentum moving forward. You have a voice, use it! Talk to as many people as you can. Once people put a face on an issue, it’s often times hard for them to continue with their discriminatory views. We also have to stand against the religious right. They have no ‘real’ argument against equality, yet the LGBT community is still defending our case for equality. We must turn the tables so the religious right is left defending their discrimination. The only way to do this is to continue with our efforts, building a true LGBT community and gaining more straight allies.
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