Courts, Not Congress, Making Progress With DADT
We lost on ”Don’t Ask, Don’t Tell” in the Senate this week when conservatives played the bigotry card, but we are winning on DADT in the courts. The courts are what always bring justice, and on these matters that impact gay Americans it is the courts that will be the decider. Congress is becoming unable to do almost anything given the hyper-partisan nature of every issue, including this one of basic fairness and equality. So the courts step in and let me say this is a major victory!
Congress should have never allowed DADT to become law. It was unconstitutional at the time it was passed, it is unconstitutional today. Given the fact that politics produced a misguided and dreadful law the courts must weigh in and right the wrong.
That process has now started.
A federal judge in Tacoma, Wash., has ordered the Air Force to reinstate a skilled flight nurse in a closely watched case involving the “don’t ask, don’t tell” policy on gays serving in the military.
Friday’s ruling by U.S. District Judge Ronald Leighton in the case of Maj. Margaret Witt marks the first time since Congress approved the policy in 1993 that a federal judge has ordered the military to allow an openly gay service member to serve in the armed forces.
Leighton ruled that evidence showed reinstating Witt “would not adversely affect” morale or cohesion in her unit.
He also said, “There is no evidence that wounded troops care about the sexual orientation of the flight nurse or medical technician tending to their wounds.”
