Wednesday, June 26, 2024

Ruling a win for gay community

Matt Manning

Throughout the latter half of September, Capitol Hill was divided more than usual. Democrats and Republicans squared off over the National Defense Authorization Act, a bill that would have ended the U.S. military’s “Don’t Ask, Don’t Tell,” or DADT, policy.

DADT banned gays from openly serving in the military, essentially stating the military ”won’t ask” about a solider’s sexual orientation if the service members “won’t tell.”

In recent years, the policy has turned into a witch hunt, with reports of military officials searching e-mails of suspected gays and spying on service members. Those found to be gay more often than not were dishonorably discharged.

More than 13,000 service members have been expelled throughout the last 15 years, costing the military more than $300 million in retraining and re-enlisting costs, according to estimates released from the U.S. Military Academy at West Point.

Both the Democrats and Republicans brought out the big guns for the debate, bringing in former generals and members of the military’s top brass to discuss the effects of overturning the 17-year-old policy.

Some argued morale would be lowered if gays were allowed to serve openly, while others, such as U.S. Secretary of Defense Robert Gates and Admiral Mike Mullen, chairman of Joint Chiefs of Staff, argued that the policy should be repealed and that it would have no effect on the military. After fierce debate, the vote ended in a stalemate, a defeat for the Democrats.

Immense effort went into the arguments from both sides, bringing in all available resources; even Lady Gaga made an online video to encourage young people to write to their representatives expressing their support for the repeal of DADT. But what Congress and Lady Gaga couldn’t accomplish, a judge in California did earlier this week.

A federal district court judge in California filed an injunction Tuesday ruling DADT unconstitutional and ordered the immediate suspension and discontinuation of all investigations and proceedings commenced under DADT.

The case, Log Cabin Republicans v. United States of America, questioned the constitutionality of DADT. Under the doctrine of judicial review, judges can rule laws unconstitutional and if found unconstitutional, the laws are repealed.

Ironically, the party responsible for the repeal of the policy, gay Republicans called the “Log Cabin Republicans,” is the same party that opposed the repeal of DADT in the Senate.

The policy’s original intent of increasing military cohesiveness and morale has proved to be the exact opposite; the policy only has fueled scandals and bitter arguments, while wasting taxpayer money. The goal of the military is to keep America safe, not to prosecute gays and spy on service members.

According to a 2008 ABC News poll, 75 percent of Americans believe gays should be able to serve openly in the military.

While I celebrate the repeal of DADT, I must proceed apprehensively and with caution.

DADT should have been off of the books a long time ago, but it has remained, seemingly immune to all attempts to expunge it.

It also might be premature to begin the celebrations, or for gays in the military to come out into the open. Despite the Obama administration’s opposition to the policy, the Department of Justice already has filed an appeal.

The case eventually will reach the U.S. Supreme Court and the decision could be reversed. Also, individuals such as Gates are now wondering if they should build different sleeping quarters for gays.

The simple answer is “no.”

Gays have served just fine in the past while sleeping, working and fighting beside their heterosexual comrades. The world will not break down if they continue sharing sleeping quarters.

Although the ruling itself holds a great deal of weight, there’s a mentality that needs to change.

Gays do not have cooties and they should be treated the same as everyone else in the military.

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One judge, in one court, repealed a policy that has been on the books for nearly two decades and accomplished what a Senate full of squabbling Democrats tried to accomplish for months.

This is a monumental decision, but it must be taken in stride. As soon as one hurdle is cleared many more seem to replace it. Slowly the winds are changing in America and hopefully the mentality is as well — too bad it took 17 years and 13,000 ruined lives.

Matt Manning is a State News guest columnist. Reach him at mannin84@msu.edu.

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