Don’t Ask Don’t Tell: Repealed Appealed Reinstated!

Let’s recap: A California Judge named Philips decided to strike down a DOD policy known as Don’t Ask Don’t Tell mandating that gay service members keep their homosexuality on the DL while serving as unconstitutional. When asked to lift her suspension of the policy, Philips said that “the public has an interest in military readiness, unit cohesion” but that these “these interests are outweighed by the compelling public interest of safeguarding fundamental constitutional rights.” (This sentiment will be a great comfort to troops engaged in a firefight. I know there’s nothing more comforting to me than knowing that my unit’s military readiness and cohesion aren’t #1 priorities when I’m in combat.) The Pentagon remained silent for a day or so, then issued the guidance that gay recruits had to be allowed to enlist. Cue mass panic at Recruiter’s offices as discharged rainbow warriors flock to the banner.

Yesterday a three-judge panel of the 9th Circuit Court of Appeals managed to clear their heads for a moment and, realizing that slamming the brakes on a decade of policy backed by over a century of tradition over the course of a single night without any research whatsoever in the middle of a war may possibly be just a tiny bit disruptive to military operations, granted the Justice Dept’s request to freeze the freeze that froze DADT. (That’s a triple negative. I get bonus points on my Blogger account if I can chain combos like that)

There will no doubt be months of appeals process to go through, not to mention the forthcoming study on the effects of ending DADT on military readiness. No matter which way this court decides the losing side will most certainly appeal, eventually forcing the policy decision to the Supreme Court, who I cannot imagine could find a way out of hearing it.

It is somewhat ironic that the Obama administration finds itself defending a policy they have themselves stated is unconstitutional, and that Obama promised to repeal on his watch. I do have to give them kudos for at least somewhat rising to the occasion, however, and pitching the ball to Congress to deal with, as they should…Well, personally I’d pitch the ball to the E-4 Mafia, but I doubt that’d be terribly popular among the JCOS.

Stay tuned. And remember: If you don’t look him in the eyes…