Political India: Engaging America

From The Hindu

The Obama administration has said it would appeal a decision by federal judge in California that struck down the infamous “don't ask, don't tell law,” banning gays from serving in the military if they revealed their sexual orientation. Under the law the military cannot, however, ask its recruits about their sexual orientation.

Though President Barack Obama and officials including Defence Secretary Robert Gates support the ultimate repeal of the 1993 law that sought to create a compromise solution, their intention is for the law to be repealed by Congress rather than the courts.

On Tuesday, Judge Virginia Phillips of Federal District Court of California issued a ruling on the case of Log Cabin Republicans — a gay Republican group — vs. the United States of America, arguing that “don't ask, don't tell” was unconstitutional. She further issued an injunction requiring an immediate halt to its enforcement.

Speaking to youth at a town-hall meeting here in Washington, Mr. Obama clarified the government view on Thursday, saying, “I agree with the basic principle that anybody who wants to serve in our armed forces and make sacrifices on our behalf, on behalf of our national security, anybody should be able to serve. And they shouldn't have to lie about who they are in order to serve.”

However, he said while his government was moving towards ending this policy, it had to be done in an “orderly” way given the U.S.' involvement in a war. Yet, he assured, this was not a question of whether the policy would end: “It will end on my watch,” Mr. Obama assured.

In Congress, the House of Representatives has already passed the repeal of the law, yet an attempt to get it passed in the Senate failed earlier last month on the floor, in the face of Republican opposition. While litigants such as the Log Cabin Republicans have turned to the courts in the face of such partisan opposition, the Obama government has preferred to proceed with the law's repeal more cautiously.

In particular, Mr. Gates and Admiral Mike Mullen were reported to have requested Congress not to take action until a Pentagon report on how to implement a repeal came out in December. In the lead-up to that report Mr. Gates noted that a military review panel was considering results of an extensive survey of active duty and reserve-component service members.

“This is a very complex business,” Mr. Gates said, adding, “It has enormous consequences for our troops. And as I have said from the very beginning, I think there should be legislation, and that legislation should be informed by the review we have under way.”

Labels: gays in military, United States