DADT Found Unconstitutional

[E.J.]

A federal judge on Thursday declared the U.S. military's ban on openly gay service members unconstitutional and said she will issue an order to stop the government from enforcing the "don't ask, don't tell" policy nationwide.

U.S. District Judge Virginia Phillips said the ban violates the First and Fifth Amendment rights of gays and lesbians. "Don't ask, don't tell" prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base.

In her ruling, Phillips said the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services.

Read the rest HERE

[Sign Of A Flatline]

'came amid promises by President Barack Obama that he will work to repeal the policy.'

i'm not a massive buff for american politics. but its my understanding that as commander in chief the president can just make these sorts of decisions without having to 'work' at all... jsut sign a piece of paper (executive order) Truman did it in 1948 to end segregation. why can't obama do the same thing, or is he just worried about the political implications of doing it?

=S

[Guest Fritz]

Sign of a Flatline wrote

i'm not a massive buff for american politics. but its my understanding that as commander in chief the president can just make these sorts of decisions without having to 'work' at all... jsut sign a piece of paper (executive order) Truman did it in 1948 to end segregation. why can't obama do the same thing, or is he just worried about the political implications of doing it?

I'm not a lawyer so no guarantees that this answer is perfect, but you are trying to compare apples and oranges. In Truman's case he was changing a policy that the military had adopted and as Commander and Chief he had the right and power to do that.

In the case of DADT, it is a federal law, passed by congress and signed by Pres. Clinton. Even as Commander and Chief a president does not have the power to directly override federal law. Had DADT not been made a federal law and the ban on gays serving in the military simply remained a policy Pres. Obama would have been able to change it by issuing a simple change of policy statement via an executive order, just as Pres. Truman did with integration of the military.