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Don't Ask Don't Tell Ruling Creates Dilemma For Pentagon
by Joseph Ernest October 15, 2010
Newscast Media WASHINGTON --Barack Obama and his administration find themselves in a position where they have to defend something they are against. As the administration considers appealing a judge's order to stop the law prohibiting gays from serving openly in the military, some officers and service members say they are uncertain how to react.
The Pentagon said Wednesday it had not issued written guidance on the ruling, and commanders in the field said they did not know how to proceed on sensitive questions like pursuing existing investigations against gay service members.
Defense Secretary Robert Gates warned of "enormous consequences" for troops if the court order is allowed to stand, saying the decision on repeal of the law known as "don't ask, don't tell" should be decided by Congress and not the courts.
The Justice Department worked into the night Wednesday on its response to the California judge's ruling but gave no indication when there would be an announcement. Its first move may be to seek a stay, or temporary freeze, of the order. If that request is rejected, the department probably would turn to the federal appeals court in California.
If the government does appeal, it would put the Obama administration in the position of continuing to defend a law it opposes. White House press secretary Robert Gibbs said time is running out for the ban on gays serving openly.
"This is a policy that is going to end," he said.
Allowing gays to serve openly "is an action that requires careful preparation and a lot of training," Gates said. "It has enormous consequences for our troops."
In Tuesday's ruling, U.S. District Judge Virginia Phillips in San Diego ordered the military "immediately to suspend and discontinue any investigation" or other proceeding to dismiss gay service members. The 1993 "don't ask, don't tell" law says gays may serve in the military but only if they keep secret their sexual orientation.
Phillips wrote that the law "infringes the fundamental rights" of current and prospective service members.
An Air Force officer and co-founder of a gay service member support group called OutServe said he will continue using a pseudonym out of concern that he still could be discharged.
"Can I come out right now and be OK? And if I made a statement would it be held against me?" asked the officer, who calls himself JD Smith and said he is an Air Force Academy graduate. He said service members are hoping the Pentagon will clarify the meaning of the court ruling. Add Comments>>
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