DADT is dead #3

Two weeks ago, a federal judge in California ruled that Dont Ask, Dont Tell is unconstitutional. Now she has refused to grant the stay of her ruling requested by the Department of Justice. As I wrote on Oct 13, the DoJ plans to appeal the ruling, even though Obama seems committed to getting Congress to repeal the law.

The motives could be anything from the obvious of wanting the more orderly timetable, which allows the military to complete its study of how to implement the change, to wanting to force a ruling by a higher court to give the overturn a stronger voice.

Now the judge has refused to grant the stay requested by the DoJ, so as of yesterday and today, the military has instructed its recruiting offices to accept gays and lesbians, although it is telling them it could be short lived; and advisory groups are telling gay military personnel not to come out yet because the judge's ruling could be overturned by the Appeals Court.

But first in line yesterday at the recruitment office was recently discharged Army Lt. Dan Choi. An Iraq war veteran, Arab language specialist, and West Point graduate, Lt. Choi was discharged under DADT after challenging the law by coming out. He has since become a highly visible activist, including chaining himself to the White House fence.

In an odd quirk, he decided he wanted to enlist as a Marine. He was turned down, not because he was gay but because he is older than the Marine's age limit. So he went back and was re-instated as an army officer. It could be a revolving door, but as of now, Lt. Choi has his enlistment papers in good order.

The Department of Justice may have some good tactical reasons for appealing the ruling, but I think they will be overshadowed by the negative image of trying to stop what is inevitable. Just drop the appeal and let it happen. The army dealt with Truman's order to end racial segregation. Other nation's armies have accepted gays and lesbians with minimal problems. Just get out of the way and let it happen.

Ralph