California judge orders injunction against DADT

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Pint0 Xtreme
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Re: California judge orders injunction against DADT

Post by Pint0 Xtreme »

Gil Hamilton wrote:I don't think its that simple. The civilian government is in charge of the military, and the civilian government was well on their way to getting that DADT repeal as it was, complete with the Pentagon's stamp of approval, and formally making it a law through Congress. That's a much stronger way to repeal it than a blanket ruling from a judge that sweeps away law, which as has been pointed out, the Justice Department is virtually OBLIGED to appeal even if they want they don't like that law. This could conceivably put gay servicefolk in limbo, because they don't dare out themselves even with the ruling, because it simply may not stick, while if this had been allowed to go through Congress, with a stamp from the military, the moment the law went through they can come out with the full support of the law and military establishment backing them.
Unfortunately, the prospect of that occurring is becoming depressingly grim. The Senate failed to break the Republican filibuster on the Defense Authorization Bill and it's doubtful that they will be able to do it in the lameduck session. In January, we will have a Republican controlled House and a marginally Democratic Senate. It will become harder, if not politically impossible, for DADT to be repealed in Congress. The shameful law will remain on the books for years to come.
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