The New York Times
October 13, 2010
Awaiting the Next Step on Policy on Gay Service
By JOHN SCHWARTZ
Each side of the controversy over the “don’t ask, don’t tell” law that restricts openly gay men and women from serving in the military waited on Wednesday for the Obama administration to reveal its next move in court.
Judge Virginia A. Phillips of Federal District Court issued a sweeping injunction on Tuesday that called on the military to stop enforcing the policy, and to “suspend and discontinue” any investigations or proceedings to dismiss service members under it.
While the Department of Justice is expected to appeal the decision, department officials would not confirm or deny that an appeal was on the way.
The administration has argued that Congress, not the courts, should change the law, because legislation could provide a more orderly process.
That point was telegraphed in comments delivered on Wednesday by Defense Secretary Robert M. Gates. In his first public statement since the judge’s ruling, he said changing the policy would have “enormous consequences.”
“I feel very strongly that this is an action that needs to be taken by the Congress, and that it is an action that requires careful preparation and a lot of training,” Mr. Gates said as he flew to Brussels for a meeting of NATO ministers.
He noted that the Pentagon was conducting a review of the policy, due in December. “Legislation should be informed by the review that we have under way,” he said.
Questions about President Obama’s response to the court ruling dominated the daily White House briefing with reporters on Wednesday. Mr. Obama has long opposed the policy, yet he now leads the government, which typically appeals to defend laws under challenge.
“The president strongly believes that this policy is unjust, that it is detrimental to our national security, and that it discriminates against those who are willing to die for their country,” said Robert Gibbs, the White House press secretary. “And the president strongly believes that it’s time for this policy to end.”
“The bottom line is this is a policy that is going to end,” Mr. Gibbs added. “It’s not whether it will end, but the process by which it will end.”
Opponents of the “don’t ask, don’t tell” law anticipated an imminent filing of an appeal.
Robin McGehee, co-founder and director of GetEqual, a civil rights group in Washington for the gay, lesbian, bisexual and transgender community, said such an action from the government would be “yet another shocking lack of leadership from the White House on issues of equality.”
If the government does appeal, it would probably ask higher courts to keep Judge Phillips’s injunction from taking effect during the appeals process, which could reach the United States Supreme Court.
That is a process that Log Cabin Republicans, the group that brought the suit, is willing to pursue, said Christian A. Berle, the group’s acting executive director.
The group “remains committed to defending this ruling and defending the rights of all service members — in the Ninth Circuit, and to the United States Supreme Court, if necessary.”
At the same time, he said, the group has also asked Congress to repeal the law.
“Log Cabin Republicans prefers whatever solution will end this policy the quickest,” he said.
Thom Shanker contributed reporting from Brussels, and Jackie Calmes from Washington.
Veronica Smink
BBC Mundo, Argentina
