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Big Day: It’s Now Up To Obama To Reinstate Don’t Ask, Don’t Tell

October 12, 2010

There’s a lot going on today (and the last month that I’ve been horribly MIA).  Two legal highlights:

  • The Obama Administration’s Department of Justice today announced it would be appealing the decisions from Massachusetts (Gill v. Office of Personal Management) which found parts of the Defense of Marriage Act unconstitutional.  Appealing the choice makes no sense on any front, especially when you consider the improbability of success with any plan to stand by the Administration’s promise to repeal DOMA through legislative action.  Considering what a fight Don’t Ask, Don’t Tell has been, I challenge anyone to present a reasonable theory on how this could happen through Congress.
  • A federal judge ruled today that all investigations and discharges under Don’t Ask, Don’t Tell must stop immediately.  The ruling was not stayed, which means the era of DADT is over…unless the Obama Administration should decide to resurrect it by appealing the decision by U.S. district judge Virginia A. Phillips.  Based on all previous rulings that have found for gay rights, one has to expect that the Department of Justice will appeal this.  If one were to believe that President Obama wants to keep his campaign promises of repealing DADT and DOMA and enacting the Employment Non-Discrimination Act, the step after appealing this decision would be to finally push for repeal.  If this makes no sense to you, you’re not alone.
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