Since Judge Virginia A. Phillips' injunction earlier this week requiring the immediate halt in the enforcement of "Don't Ask, Don't Tell" there has been a lot of debate on whether the Obama administration should appeal the decision. The New York Times reported today that on Thursday the Justice Department filed a request for a stay on the judge's decision pending an appeal. They have asked her to respond by Monday "given the urgency and gravity of the issues".
The Justice department argued that the sudden restructuring of the policy would be "enormously disruptive and time-consuming, particularly at a time when this nation is involved in combat operations overseas." So in other words we can put our own troops' civil rights on hold while they put their lives on the line every day to fight for the rights of others? How does that make sense? It is true that putting an end to "Don't Ask, Don't Tell" will result in the necessary adjustment of other military policies, but it is a weak argument for allowing the continued violation of a group's civil rights. Abruptly ending "Don't Ask, Don't Tell" will most likely result in our public servants having to work a little harder and our government having to spend a little more money in order to see that restructuring of all related policies is completed in a timely manner with the least disruption, but that is the small price the government must pay for years of discrimination of its lesbian, gay, and bisexual service members.
It is apparent that President Obama, who promised that the "Don't Ask, Don't Tell" policy "will end on (his) watch", wishes to have Congress make the final decision on the future of the policy. This is a scary thought, considering the strong possibility that Republicans, most of whom do not support "Don't Ask, Don't Tell" appeal, will take back majority in the House and/or Senate after the midterm elections. Obama agreed with Christian Berle, deputy executive of Log Cabin Republicans, statement to Senate Majority Leader Harry Reid "to do what it takes in the lame duck session to end 'don't ask, don't tell' legislatively". I hope that Berle was right when he said that if Phillips suspends her ruling then "justice will be delayed, but it will not be denied". The lame duck session may be the last chance for many years to put an end to "Don't Ask, Don't Tell".
Obama was quoted as saying "Congress explicitly passed a law that took away the power of the executive branch to end this policy. We have, I believe, enough votes in the Senate to go ahead and remove this constraint on me". In politics, believing that something may happen, is of no real value because politicians flop back and forth on issues more than a fish out of water. If you really want the policy to end on your watch Obama, then do not appeal Judge Phillips' decision and allow the policy to meet its overdue demise. Why gamble on the fact that you may get enough Senate votes to end the ban yourself when it was the same Senate that put a stop to "Don't Ask, Don't Tell" appeal less than one month ago.
So which one is it Obama? Do you want Congress to put an end to "Don't Ask, Don't Tell"? Do you want them to officially hand you a special invitation allowing you to put an end to "Don't Ask, Don't Tell"? Or do you want to forgo all uncertainties and allow "Don't Ask, Don't Tell" to come to an end now with Judge Phillips decision? Quit talking around the issue and take action! I hope that Obama's promise to put and end to "Don't Ask, Don't Tell" on his watch is not just another piece of the broken promises puzzle that he has become an expert at constructing.
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