Of all the possible reasons to repeal Don’t Ask, Don’t Tell, Secretary of Defense Robert Gates offered the worst on Tuesday. According to Gates, Congress must act before a judge acts for it.
As the Pentagon released its long-anticipated report blessing a repeal, Gates warned that there is a “very real possibility that this change would be imposed immediately by judicial fiat.” If that “disruptive and damaging scenario” occurred, it would be “most hazardous to military morale, readiness, and battlefield performance.”
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This is blackmail via judicial imperialism. Gates perhaps spoke better than he knew when he referred to “judicial fiat.” That phrase describes perfectly the September ruling of federal district judge Virginia Phillips in California that DADT was unconstitutional and that its enforcement had to be suspended immediately by the military. This was so outrageous that even the notoriously liberal Ninth Circuit countermanded her and allowed the military to continue the policy while the lower-court ruling is being appealed.
Secretary Gates might have a little less to fear from the courts if the administration he serves were truly interested in defending the policy from legal assault. All indications are that the Department of Justice has chosen to make a deliberately weak case for the law’s constitutionality. Phillips observed that in the course of the DADT trial, DOJ “called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of [DADT].” President Obama, of course, wants the policy repealed — but that doesn’t mean it’s unconstitutional. If his administration believes it is unconstitutional, it should say so rather than engage in a sham defense. As it is, it is abetting the war against the policy in the court and then turning around and telling Congress it must act immediately because things look so grim in the courts. This is cynical even by the standards of the administration of hope and change.
The Pentagon report itself is being portrayed as a slam-dunk case for ending the policy. It concludes that repeal wouldn’t harm the military and adduces widespread support for that proposition in the ranks. But the report’s survey found that nearly 60 percent of combat Marines and 50 percent of Army troops expressed concern that working with an openly gay or lesbian colleague could have negative or very negative effects. These are the troops on the frontlines and often in the pressure cooker of combat, whose views should weigh most heavily. No doubt many of them are puzzled as to why this social change has to happen right now, in the midst of two wars of counterinsurgency.
The administration hopes to pass repeal through the lame-duck session to avoid dealing with five more Republican votes in the new Senate, not to mention the Republican majority in the House. In its rush, it’s using any argument at hand, including the new Gates Doctrine: Preemptively capitulate to liberal judges lest they make a hash of things by unilaterally imposing their will. That’s obviously not how legislators in a self-governing society should go about their business. Don’t Ask, Don’t Tell must stay or go on its merits as determined by our elected representatives. Shame on Robert Gates for suggesting otherwise.
Excellent analysis of Gen. Gates' expression of urgency for Congress to repeal DADT, 'so that the courts wont attempt to do so'. I quickly came to exactly the same conclusion as your article presents when I read the headline this morning, America is being rudely pushed by our leaders into accepting enormous social change not only in the military but throughout our society. If the military can be saddled with this social change, what will be foisted upon our society in general? Apparently the results of the Pentagon's survey only had a roughly 25% response - serious questions are being raised regarding the survey's validity. So little thoughtful, painstakingly careful analysis has been conducted by the Federal government on this issue, as to how encouraging greater acceptance of multiple and alternate sexual orientations/practices (in many cases patently unhealthy physically and psychologically) will ultimately effect American society at all levels. America in heart, soul and history is not like the other western nations that have opened their militaries to this serious social change. Make this dramatic change in America and there will be serious and likely unwanted consequences. Where is caution and time/history honored wisdom being exercised on this critical matter in our nation? America is being squeezed between "judicial imperialism" and progressive military leaders. God shed upon America His mercy and grace to restore wisdom, morality, discipline and honor - we urgently need it.
Excellent analysis of Gen. Gates' expression of urgency for Congress to repeal DADT, 'so that the courts wont attempt to do so'. I quickly came to exactly the same conclusion as your article presents when I read the headline this morning, America is being rudely pushed by our leaders into accepting enormous social change not only in the military but throughout our society. If the military can be saddled with this social change, what will be foisted upon our society in general? Apparently the results of the Pentagon's survey only had a roughly 25% response - serious questions are being raised regarding the survey's validity. So little thoughtful, painstakingly careful analysis has been conducted by the Federal government on this issue, as to how encouraging greater acceptance of multiple and alternate sexual orientations/practices (in many cases patently unhealthy physically and psychologically) will ultimately effect American society at all levels. America in heart, soul and history is not like the other western nations that have opened their militaries to this serious social change. Make this dramatic change in America and there will be serious and likely unwanted consequences. Where is caution and time/history honored wisdom being exercised on this critical matter in our nation? America is being squeezed between "judicial imperialism" and progressive military leaders. God shed upon America His mercy and grace to restore wisdom, morality, discipline and honor - we urgently need it.
I agree wholeheartedly! I am not opposed in principle to repealing DADT, but I have grave concerns about the implementation of a new policy. My biggest concern is for our soldiers, sailors, airmen, and marines who are also people of faith. I think at minimum GOP congressional leaders should insist that evangelical, catholic, and muslims within the armed services are not subject to a systematic "sensitivity" campaign by the Pentagon that denigrates or belittles their beliefs about sexual morality and homosexual behavior. I am also concerned about otherwise dedicated service members being subject to discipline for violation of politically correct speech codes because of an off-handed comment etc. In general, I do not trust the Pentagon to implement a new policy without major disruptions to combat effectiveness and with due respect to the beliefs of our brave men and women of the armed forces.
Nobody has yet defined "openly serve" - which really needs to be settled prior to implementation. As does open vs closed career fields. This is all too rushed, too politicized, too dishonest with too many hidden agendas.
Gates ought to be ashamed of himself as well as the politicians in uniform who support repealing DADT. The all let down the combat soldiers they purport to lead/serve! With leaders like that doing this damage the enemy can just set back and wait…disgusting!
One aspect that doesn't get much attention is that the gay rights agenda is inherently politicized - By publicly acknowledging gays the military would then be enshrining them as a special interest group with protected rights. There would inevitably be a slew of lawsuits, and a general obsession over any hint of mistreatment. The end result would be a degradation of the military's effectiveness and a loss of personnel who don't want to deal with the change in culture and the new layer of politically correct pieties.
You all do realize that there are gay folks serving in the military right now right?
Fundamentally it seems the resistance to "open service" is really resistance to allowing gay folks to serve at all.
Perhaps the debate should be framed as such? Because fighting over whether a gay person who is already serving gets to stay or not just because it's now "know" s/he is gay makes no intellectual sense.
As a Marine who served in various forward positions as an MSG in high terrorist threat and counter intel threat posts in central and southwest asia, I can assure you that no one in our Det gave a flying frig when it was discovered one of our number was gay. He did not tell and was not asked--it was an accidental discovery. however, no action was brought because we did not want to lose a good Marine. And at the end of the day that is all that mattered.
The gay people are asking for rights from a group of people who are themselves repressed. It is wrong for the gay people to ask for the rights and it is equally wrong for the other group to give them the rights. It is a classic case of the blind leading the blind.
DADT should not only be enhanced, it should be strengthened to apply to heterosexuals too. If we follow the US Constitution, the gay group should not be given rights but rights should not be taken from them either.
If "Don't Ask Don't Tell" were ruled onconstitutional by a court, that means that the policy in effect prior to it would then be in effect.
That's the way it works. Otherwise, a judge could dismiss a traffic ticket on procedural grounds and rewrite the constitution, which is just as ludicrous.
Repealing DADT is far more about eliminating DOMA and strongly advancing GLBT indoctrination throughout every public school in the nation. The military is simply the vehicle they need to accomplish these through.
The DADT survey recommendations cleverly and clearly cited DOMA as a hindrance to DoD Family Readiness Groups’ inability to fully assist homosexual partners left behind during deployments. The majority of gays and lesbians who had to move to states allowing same-sex marriage to tie their union would like to move back to their home states and families and friends. The U.S. Armed Forces is the easiest way to get federal law to trump all state laws for their cause.
What do Gates, Mullen, Obama and the GLBT community have in store for all our children?
DoD Panel Repeal Implementation Recommendations
5.3.2.1 For Children (p127, Vol 2, Findings from the Qualitative Research Tasks)
- Provide educational materials for school teachers and staff so that they can support children of gay parents, and answer questions other children may have;
- Offer informational materials to parents so they can talk to their children about these issues when they—the parents—are ready;
- Provide educational materials for the children themselves;
- Modify the educational curriculum to be inclusive of gay and lesbian families.
In 1993, DADT allowed gays and lesbians wide-berth to join and serve in the military–but recruiting plummeted. Why? It’s not about joining, it’s about using DoD as a tool for greater national gains in their agenda.
Only 5% of the military was sampled in DoD’s survey. Only 20% of that 5% of our Armed Forces indicated yes to favoring repeal.
The report results are extremely skewed and misleading.
In many categories of the questions, more were directly against repeal than were directly for it.
Only 8.8% of those sampled were soldiers who were currently in combat or on ships.
Only about 20% of respondents were in all-male units, so of the 5% of the military surveyed, very few of those who responded were even in Combat Arms units (Infantry, Artillery, Armor, Combat Engineers, and Special Forces).
The real intent of repeal is: to end DOMA, degrade America and our fighting forces, and create federal programs injecting GLBT indoctrination into every public school in America ‘to support pro-repeal awareness for every Active-duty, National Guard, and Reserve servicemember, their families, schools and communities.’
Great article. Finally, someone shines light here.
Gates acted unlawfully last February when he announced DoD's Review of DADT. As an appointed official, not even an elected one, he indicated to the military and nation that 'repeal was coming.' The Review Panel would be his 'reasonable and fair tool to complete a comprehensive survey' on how to best implement a repeal.
That is pure coercion. He has been manipulating this process from the outset. In 1993, DADT was legalized by elected-congressional vote and elected-presidential signature. What Gates is doing by threatening Congress to act now, vice an immediate court ruling, is the same illicit intimidation.
This week, all Military Times newspapers on our Armed Forces bases ran their Dec 13, 2010 editions with cover-stories "Life After 'Don't Ask'." That hit newsstands next to post and base exchange checkout counters after the Senate Vote died.
This is more direct manipulation by the Left to force this disastrous, and non-implementable policy into our military. The effects will reach the entire nation.
