The nationwide injunction against enforcement of the military’s “don’t ask, don’t tell” policy by a federal judge in California is a landmark in the quest for equal treatment for gays and lesbians. The rationale for the policy — that it’s necessary to protect “unit cohesion” — has been disproved by the experiences of other nations, including allies of the United States. Drawing on expert testimony, the judge concluded that “don’t ask, don’t tell” has actually harmed the military by leading to the expulsion of linguists and medical personnel whose skills are vital. And if their presence really undermined readiness, she noted, gay and lesbian service members would be expelled while they are engaged in combat. In fact, the Pentagon delays dismissals until they return from the battlefield. When the political branches of government fail to vindicate individual rights, the judiciary is obliged to step in. Those who bridle at the court’s intervention in this controversy should recognize that there is a simple remedy for that supposed problem: prompt repeal of “don’t ask, don’t tell” by Congress. — Los Angeles Times
U.S. District Judge Virginia Phillips is playing politics with our national defense. Once again, an activist federal judge is using the military to advance a liberal social agenda, disregarding the views of all four military service chiefs and the constitutional role of Congress. Last month, the U.S. Senate voted against proceeding with overturning the law in part because of the strong opposition of military leaders and also in deference to the Pentagon’s ongoing study of the potential impact on readiness and morale of allowing homosexuals to serve. This move will only further the desire of voters to change Congress. Americans are upset and want to change Congress and the face of government because of activist judges and arrogant politicians who will not listen to the convictions of most Americans and, as important, the Constitution’s limits on what the courts and Congress can and cannot do. The Department of Justice should fulfill its obligation to defend the law vigorously through the appeals process, and Congress should make clear that it will not tolerate this judicial activism. — Tony Perkins, president of the Family Research Council
