I am happy that the judge is interpreting the constitution as it should. Gays must be allowed to enter the military, period. It is unconscionable that in 2010 we are still discussing whether discrimination is discrimination.
We have got to give President Obama a pass on this one. Clinton made a deal with the devil when DADT was passed. You see, it codified discrimination into law. The President ultimately is tasked to enforce the law constitutionally. Simply disregarding codified law would subject him to impeachment not in a rational Congress but definitely in a Tea Party Congress and we do not want to go there again.
Let us hope the Supreme Court upholds the lower court judges when it is argued.
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ANNE FLAHERTY | 10/19/10 03:50 PM
WASHINGTON — The Defense Department said Tuesday that it is accepting openly gay recruits, but is warning applicants they might not be allowed to stick around for long.
Following last week’s court ruling that struck down a 1993 law banning gays from serving openly, the military has suspended enforcement of the rule known as "don’t ask, don’t tell." The Justice Department is appealing the decision and has asked the courts for a temporary stay on the ruling.
The Defense Department said it would comply with the law and had frozen any discharge cases. But at least one case was reported of a man being turned away from an Army recruiting office in Austin, Texas.
Pentagon spokeswoman Cynthia Smith on Tuesday confirmed that recruiters had been given top-level guidance to accept applicants who say they are gay.
Recruiters also have been told to inform potential recruits that the moratorium on enforcement of "don’t ask, don’t tell" could be reversed at any point, if the ruling is appealed or the court grants a stay, she said.
The uncertain status of the law has caused much confusion within an institution that has historically discriminated against gays. Before the 1993 law, the Defense Department banned gays entirely and declared them incompatible with military service.
Douglas Smith, spokesman for U.S. Army Recruiting Command based at Fort Knox, Ky., said even before the ruling recruiters did not ask applicants about their sexual orientation. The difference now is that recruiters will process those who say they are gay.
"If they were to self admit that they are gay and want to enlist, we will process them for enlistment, but will tell them that the legal situation could change," Smith said.
He said the enlistment process takes time and recruiters have been told to inform those who are openly gay that they could be declared ineligible if the law is upheld on appeal.
