Supreme Court Upholds Policy WASHINGTON — The Supreme Court today turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military, granting an Obama administration request to maintain the Clinton-era “don’t ask, don’t tell” directive. The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military’s policy. The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the policy is unconstitutional. In 1993, President Bill Clinton established the policy as a compromise after strong resistance from the military and Congress toward allowing gays to serve openly in the armed forces. In court papers, the administration said the appeals court ruled correctly in this case when it found that “don’t ask, don’t tell” is “rationally related to the government’s legitimate interest in military discipline and cohesion.” Pentagon spokesman Bryan Whitman referred requests for comment to the Justice Department, but said the military policy “implements the law.” “The law requires the (Defense) Department to separate from the armed services members who engage in or attempt to engage in homosexual acts; state they are homosexual or bisexual; or marry or attempt to marry a person of the same biological sex,” Whitman said in a statement. During last year’s campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won’t stop gays and lesbians from being dismissed from the military. Last year, the federal appeals court in San Francisco allowed a decorated flight nurse to continue her lawsuit over her dismissal. The court stopped short of declaring the policy unconstitutional, but said that the Air Force must prove that ousting former Maj. Margaret Witt furthered the military’s goals of troop readiness and unit cohesion. The decision by the 9th U.S. Circuit Court of Appeals was the first that evaluated “don’t ask, don’t tell” through the lens of a 2003 Supreme Court decision that struck down a Texas ban on sodomy as an unconstitutional intrusion on privacy. The administration did not appeal that ruling to the Supreme Court and Witt’s lawsuit is ongoing. The appeals court in Pietrangelo’s case also took the high court decision into account, but concluded that it should defer to Congress’ determination that the policy fosters cohesion in military units. The case is Pietrangelo v. Gates, 08-824.
I don't know why gay people want to join the military when it is obvious the military doesn't like them.
^ this is a pretty poorly written article that leaves out the key fact, namely that the Supreme Court declined to hear the appeal after the government filed a brief asking to not hear the appeal as the "don't ask, don't tell" policy was going to be revamped/discarded making the SCt's ruling moot by the time it was issued.
I don't, I wonder if the older leadership is really in tune with the young rank and file on this topic.
I agree. I don't know why black people wanted to go to white restaurants either when white people didn't like them.
Who cares about the old leadership? Obama is the CiC he can stop any further discharges if he wanted.
I don't know what the writer or editor meant, I do know that they didn't write an article that accurately or completely reflected the facts surrounding the cert petition and its denial.
Why? Policy comes from the administration. Implementation would come from the department. Obama has already stated Don't Ask, Don't Tell will go away. But handling the proper timing of it and making the change go as smooth as possible would be something for the DoD to handle.
It sounds scary because they seem to have to much control. He can just stop the discharges. I don't see why that needs years of prep time. He gives the order and the discharges are stopped. What needs to go smoothly?
I don't believe it's that simple, the prohibition on gays in the military is part of the US Code, it would take an act of Congress to repeal it.
I think guys like Obama feel there are bigger battles to fight - that's why this still is out there. It's ridiculous that you can't say you are gay and be in the military but you can be a pedophile or criminal? That doesn't make sense to me if that is indeed the case.
Since when are pedophiles allowed in? The DADT rule is talk about gay relationships "publicly" or try to marry a same sex partner. Many are discharged under the policy for having homosexual sex, which is dumb because they could discharge them for the sex. Hetero or Homo sex among service people is against the rules.
http://www.army.com/resources/item/2150 According to this, it is possible for a former pedophile to get into the army. They would need a waiver of some type - what that is I do not know. But anyway, in the army, you can be discharged for simply saying, "I am a homosexual". If you say, "I am a heterosexual" you will not be discharged. Now...why is that?
If you say it publicly which means like right to an officers face in front of his boss that might start some chit. But if you just tell your friend and platoon buddies an alarm doesn't ring and catapult you out. Your use of the word pedophile is kinda weird, I mean I doubt someone who says "I like to screw kids" is gonna make it in the military any longer than someone who says "I am gay" This whole debate could be a historic one if Obama stopped all the discharges.
Anyone else old enough to remember the late '70's after they ended the draft? They were having a hard time filling their recruitment quotas then, too. I had some "acquaintances" who were offered enlistment as an alternative to the court system.
