What a New Year’s gift! A federal court found that the Don’t Ask Don’t Tell policy of the U.S. Military is unconstitutional. Late on Thursday a federal judge Virginia A. Phillips of US District court ruled on a case brought by Log Cabin Republicans. In an 85 page decision she ruled that the DADT policy violated the First Amendment of the Constitution and due process rights of gay Americans. You can read more about this in an article in the Advocate.
This case has been in process since 2004 and this ruling in federal court comes on the heels of both Judge Walker’s federal ruling on the unconstitutionallity of Proposition 8 and a ruling in federal court in Massachusetts about parts of the Defense of Marriage Act. Both DADT and DOMA are products of the Bill Clinton Administration.
Could we be on a federal roll? Meaning could the federal courts finally understand what we have been saying all along–equality matters and gay people American citizens should not suffer these indignities and oppression. The California Supreme Court ruled on Wednesday at 5:30 pm that the Governor and Attorney General did not have to defend Proposition 8 in federal group. A conservative group tried to force them to do so.
Of course the Obama Administration would do well to jump on this federal bandwagon and speed up the process he set in motion to repeal DADT. Where is Eric Holder our Attorney General. Time to stop enforcing DADT completely. And certainly they better not appeal this ruling. Obama needs to get some strength and moral vision back. Instead he and Harry Reid continue to sell out gay Americans. His whiffle-waffling on marriage equality, Reid’s refusal thus far to schedule a vote on ENDA, the employment non-discrimination act, and this convoluted process of polling soldiers and their wives on a military policy is outrageous. Polling? Soldiers? I thought soldiers took orders from the command. And Obama is Commander-in-Chief. Sign an executive order and be done. Just like Truman did to desegregate the military.
5771 is proving already to be ready to provide gay men and lesbians equality. Let’s pray the next case concerning Prop 8 in the 9th District Court will prove favorable to our cause as well.