The Law Do not ask, do not tell (do not ask, do not say) clearly violates the constitutional rights of soldiers gay, wrote Judge Virginia Phillips in his decision. The law "Do not ask, do not tell" military forces homosexuals to hide their sexual orientation, under penalty of being dismissed from the U.S. Army (Burg, et al. 2002). "The complainant has the right to a judicial declaration to that effect and a permanent injunction preventing enforcement of the law"; continued the judge, arguing that the evidence presented in court by members of the Log Cabin Republicans, a gay organization Republican, showed clearly that the rule was discriminatory (Louis, et al. 2003).
Discussion and Analysis
According to the judge, the current rule prohibits homosexuals talk about their relationship when she allows heterosexuals to do the same. The judge also believes it violates the 5th Amendment of the Constitution by limiting the ability of the soldiers in question to challenge a decision of dismissal. The injunction, which would suspend the application of the law throughout the U.S., however, not enter into force immediately.
The ruling gives the Log Cabin Republicans until 16 September to submit a proposed injunction, then a week later the government to present its objections. The government can also appeal the court decision. This decision puts the government of President Barack Obama in a difficult position, that of having to defend a law that he pledged to repeal it (Burg, et al. 2002).
"We know that forcing gays and lesbians to live a life of lies or leave the military does not contribute to our security, it harms them," recently had assured President Obama. He nevertheless undertook to repeal it in coordination with the chiefs of the army and Congress, and after extensive evaluation in the army ...