The US Department of Justice has filed a plea to stop the recent ruling by a federal judge finding Don’t Ask Don’t Tell to be unconstitutional, from taking effect. The ruling stated that since DADT was unconstitutional that the practice of discharging soldiers because they are gay or lesbian must stop immediately.
In their filing with the court, Federal attorneys stated…"A court should not compel the executive to implement an immediate cessation of the 17-year-old policy without regard for any effect such an abrupt change might have on the military’s operations, particularly at a time when the military is engaged in combat operations and other demanding military activities around the globe."
Now, just on the heels of this, comes a shocking, landmark decision by a federal judge, ruling today that the Air Force violated the constitutional rights of a highly decorated flight nurse by discharging her for being a lesbian. The judge stated that the discharge of Maj. Margaret Witt was unwarranted and that her re-instatement "would do nothing to hurt unit morale". This follows a ruling in 2008, in which a federal appeals court ruled that the military cannot discharge anyone for being gay "unless it proves their firing furthered military goals".
At the rate federal courts and judges are moving forward, it’s possible that we may not have to rely on the Congress to remedy this violation of constitutional rights. Just as in the current California same sex marriage case, due to be heard again in December, the courts may finally be stepping up to the plate to put the cuffs on politicians trampling of the constitution for their own career motivations.
