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Thursday, September 23, 2010

Don't Ask,, I'll Tell You -an update

A few weeks ago, a federal judge in California ruled that the don't ask don't tell policy of the military is unconstitutional. the ruling was completely wrong in its application of constitutional law principles. All Congress needed was a rational basis to create the standard, and it clearly had one: the perception that many members of the military would be uncomfortable living with gays. While that may not be the societal goal, it is the reality perceived by Congress and it must be upheld. When the ruling came down, I speculated that the Obama Administration might not appeal the flawed decision as a way to end don't ask don't tell without a vote by Congress.

Well now we have heard the position of the Obama Administration. The government's lawyers have asked the judge to limit the decision so that it applies only to members of teh Log Cabin Republicans, a GOP gay group that brought the initial legal challenge.

To say the least, the position taken by the administration is crazy. If the law establishing the policy is unconstitutional, then it is unconstitutional for all citizens, not just those who belong to some Republican gay group. On the other hand, since the court's ruling is so clearly erroneous, it would be very bad policy to let the ruling stand unchallenged. The Administration should either have appealed and sought enforcement of the law of the land, or, alternatively, Obama should have announced that he was going along with the flawed decision and would not appeal. That would be responsible leadership. Instead all we get is a nonsense request to limit the scope of the ruling so that no position has to be taken prior to the mid term elections.

wouldn't it be nicce if just for once Obama thought more about the country and his responsibilities as president that about the politics of the situtation? I guess we better not wait for that to happen. We already learned this week that Obama's Afghanistan policy was just a political exercise. why hope for more when it is only the sex lives of the military rather than their very existence that is at stake.

Obama is a sorry excuse for a president.

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