"Don't Ask, Don't Tell" Injunction

A California judge finally declared that the US military's policy of "don't ask, don't tell" was invalid. I thought it was inevitable, but with any controversial ruling, appeals are an inevitable result. The response?

A day after a judge in California ordered the Pentagon to cease enforcement of its policy barring gays from openly serving in the military, Gates told reporters that the question of whether to repeal the law should be decided by Congress, and done only after the Pentagon completes its study on the issue.

The reason the California judge's stance is surprising is that for any issues dealing with the military, US courts, including the Supreme Court of the United States, have traditionally deferred to military policy. In the interests of national security, courts tend to defer to whatever the US military thinks is best for defensive purposes, regardless of the issue at hand (property, trespassing, human rights). I emphasized Defense Secretary Gates' statement because that particular section is tantamount to reminding courts what their traditionally accepted position ought to be on these matters. The Family Affairs spokesperson also declared this to be a case of "liberal activist judging," a term which I ordinarily dislike because it is an over-broad stigmatype. Taken from a traditional view, though, it is a departure from the weak deferral stance that US judges have taken in the past towards military policies.

Regardless of historical stance, I applaud this move towards greater equality and recognition of the contribution to national defense that many gay men and women make. Whether or not they're gay and military, recognition for their sacrifices should not be hidden.

quoted from NY Times here.