Missing the point on “Don’t Ask, Don’t Tell”

By Jamie McIntyre Tuesday, August 18th, 2009 2:14 pm
Posted in J-Mac's Attack

It’s not just a policy, it’s the LAW!

I was listening to a debate on television the other day about why President Barack Obama hasn’t yet fulfilled his campaign promise to end discrimination against gays in the military.   And as is often the case, the discussion glossed over an essential nuance “Don’t Ask, Don’t Tell” policy.  Namely, it’s not a policy, and President Obama can’t simply end it.  It’s a law, passed by Congress and only Congress can change it, that is unless the Supreme Court were to rule it unconstitutional.

You hear a lot of comparisons to facing President Bill Clinton back in 1992, when he wasted a lot of political capital trying , and failing, to fulfill a similar promise.  But unlike Obama, Clinton could have simply issued an executive order lifting the ban, which is precisely why Congress acted to take the authority away from him.

Instead of a Pentagon policy, the “Don’t Ask, Don’t Tell” compromise that allows homosexuals to serve, albeit secretly, is law of the land.  And I’m certain the minute a repeal of the ban reaches his desk, President Obama will sign it.  But Congress has to act first.


Now, you might ask why the President isn’t using his powers of persuasion to turn up the heat on Congress to make that happen faster.

The answers are obvious; he’s got bigger problems at the moment, including health care reform, and two wars to manage.  And the President is not getting much support from the Pentagon.  Joint Chiefs Chairman Adm. Mike Mullen is no crusader for gay rights.   He’d be just as happy to keep the current ban, but he’s certainly willing to salute smartly implement any changes.  But Mullen is not going to speak out against the discrimination, and his lukewarm acquiescence is certainly not helping the President win over reluctant members of Congress.

Congress has a lot on its plate, too.  Congressional leaders who support lifting the ban are waiting for the right time to act.   I’m betting before the end of his first term, President Obama will have signed the law that recognizes the reality of the past two decades, that gays and lesbians continue to serve their country honorably in uniform.

Join the Conversation

jim brooks August 20th, 2009 at 8:43 pm

I think you hit the nail on the head.…Obama has a full plate. Why open the spigots of criticism up even further? The younger Sailors don’t care who is gay or straight. I think the number of reported violations will only decrease over time to the point where it’s an unenforced law like speeding. You really have to be breaking the law to get caught unless someone has an ax to grind.

Jim Brooks

LORAINE JOINER September 14th, 2009 at 3:53 am

I FEEL THAT ALL MEN AND WOMEN SHOULD BE TREATED FAIRLEY REGARDLESS OF THERE SEXUALITY BECAUSE IF THEY ARE MAN AND WOMEN ENOUGH TO PLACE THEIR LIFES ON THE LINE THEN I FEEL THAT IT IS REALLY SAD THAT THEY WOULD BE TREATED ANY DIFFERENT IN THESE CHANGEING TIMES IT IS SO SAD BECAUSE PEOPLE JUDGE FOR ANY REASON,I BELEAVE THEY SHOULD ALL BE TREATED THE SAME,HEROS THAT IS WHAT THEY ARE.….……

David September 20th, 2009 at 3:36 pm

I think gays should be allowed to join just as soon as they start letting the straight guys shower with the females.

Michael September 21st, 2009 at 12:05 pm

Jim Brooks has a point. As time goes on, and society becomes more accepting, it tends to be something that is over looked. We are two wars, and these men and women are starring death in the face. I could care less who my buddy is having relations with, as long as they can cover me in the field. For the most part, the majority agrees. Just like when African-Americans and women were intergrated in the military, there were skeptics, but that passed. This is the law, but soon it will be over looked. Our Congress and President are too busy to pay attention to something this small. Homosexuals knew going into the military what the rules were.

Curt Kastens September 21st, 2009 at 2:41 pm

I learned this about gays the last time I was at the legal office at Schinnen Army Garrison. Any gay person who wants to serve in the 21st Century US Military is not worthy of being gay let alone being a US Citizen. I learned another very important thing on my visit to the legal office. You see while it appeared that I was being asked questions about my tax return I was in reality interrogating the military personnel there in a manner that they were totally unaware of. I learned a critical piece of information. There is a legal doctrine all the lines of fruit of the poisonous tree. Based on this doctrine the illegal occupation of Iraq does not end until 100% of US forces including the embassy staff have been withdrawn from Iraq. It does not matter if every single Iraqi asks the US military to stay. Every single one must leave and all bases must be turned over to the Iraqis before the US government can say that it is no longer committing war crimes. Until that time it is just another continuing criminal enterprise, although larger than all of the others. Now it is illegal for a military officer to write an editorial and sign it with their rank and branch of service. But I do not think it can do any harm to state that my favorite military officer is LTC Fern. O. Sumpter, Commander Schinnen Army Barracks. After all no one in their right mind could conclude that she shares my opinions, let alone is speaking on behalf of the US government. But the question that some people might ask themselves is that after waging wars of aggression for the past eight years are there any people left in the military who are in their right minds?

Curt Kastens September 21st, 2009 at 3:33 pm

Damn while I was writing that last post I burned the hamburger that I was frying for my Harci Köfte .
The timing of events is sometimes really incredible. Oh well, here goes I am going to try some now.
Mmmmm taste good just like it should. I wonder if Better Homes and Gardens would like my recipe for burned Harci Köfte.

Michael October 13th, 2009 at 5:40 pm

Wow, since there is a sexual assualt every 5 minutes in the US Military and this is just the “hetrosexuals” lets decrease the rate at which it happens to 2.5 minutes. And by the way, those who have written about there not being any evidence that there is a loss of cohesion in a unit if gays are there has NEVER been in a unit where there has been someone who is gay. My experience so far, 3 gays in the more than 10 years of service. One tried to blackmail me into having sex with him, one underminded the NCO Corp’s trust and ability to function despite problems at home (this person was totally emotionally unstable) and the third was lovesick for her lover but otherwise did a fine job. So 2 out of 3 were not fit for duty. Now how about how other countries will receive our military. ANY Muslim country will find our military unacceptable because of our policy toward gays and see our soldiers as infidels (more than they do now.) If the commander-in-chief will quit trying to gather more power from any source maybe he could see some of this for what it is and stop this madness.

Don March 16th, 2010 at 3:49 am

Great point, David!

Don March 16th, 2010 at 3:58 am

You are so right, Michael! However, what are we to expect from a President who is pro-abortion, pro-homosexual, and a person who never served one day in the military? By the way, in some sense I am pro abortion. I think we should abort the President & his sidekick, Nancy Pelosi.

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