An article caught my eye while searching through the suggested sources list today. Apparently, Virginia Phillips (a district judge) ruled the "Don't Ask, Don't Tell" policy unconstitutional. This policy was ruled that it violates their constitutional rights and has a direct effect on the military. Despite this ruling though, the policy has continued to be used.
Consistently throughout the past few years, the policy has been to discharge military members without justification. This has been going on unchecked despite a 2008 court ruling that stated military could only use the policy if the soldier(s) sexual orientation actually effected military readiness. This has seldom been the case. A survey shows that 14,000 soldiers have been discharged because of the "Don't Ask, Don't Tell" policy.
The military also refuses to reinstate any gay soldiers discharged under the policy. It seems that the discrimination against gays cannot be stopped. Not even when a judge rules the "law" wrong and unconstitutional. The excuse given?
"This ruling has no impact on the current law. The current law is still in effect," spokeswoman Cynthia Smith.
Cynthia Smith says there will be no change without a congressional decision. The Justice Department and the Defense Department are working on reviewing the decission. The Justice Department thinks congress, not the judicial system should decide on the matter.
Now, I don't know if this is just me... But.
WHAT???
If I'm correct about our system of government, the Judicial system and not the Congress/Legislature is what interprets the law. Seeing that this is the case. I do hope that it is ultimately up to the Judicial system and that the Judiciary makes the right decision.
Although, if it is ultimately the decision of Congress. The House has already decided to repeal the law. The only thing left is the Senate's decision. Though the complete Senate has yet to take up the issue.
Thanks for reading, I really do advise you all to read this article. I found it surprising and interesting that such discrimination could be continuously existing even after judicial actions are taken.
Source: http://www.foxnews.com/politics/2010/09/13/pentagon-plans-change-dont-ask-dont-tell-policy-court-ruling/
- Blake
