Repealing Don't Ask Don't Tell(DADT)

Introduction

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, 5-98). "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 (Crompton, 102-109).

Discussion

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, 5-98). "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 on the implications of this repeal on the effectiveness troops (Crompton, 102-109).

The House of Representatives had voted to repeal the law "do not ask, do not tell." But the debate on the issue promises to be fierce in the Senate, a committee has approved the repeal of the law, but where the opponents of this measure are numerous. The repeal has the support of Chief of Defence Staff, Admiral Mike Mullen, and Defense Minister Robert Gates said he was ready, somewhat reluctantly, to prepare the army to change. But other key military leaders believe that the current law is the best possible compromise, arguing that an amendment would undermine the morale and effectiveness (Cohen, 9-15). The law Do not ask, do not tell, prohibits the military to reveal the homosexuality under penalty of dismissal. The House of Representatives also voted in favor of the repeal of the military code, in force since 1993. The bill was supported by the legion Democrat (55 votes, no Democratic senator voted against, and eight Republicans and two independents. And is that the favorable votes of the House of Representatives and the Senate was only a first step. A letter to this effect shall be signed jointly by the President, the Secretary ...