Brody's Notes... Defence Secretary: DADT Should Be Left To Congress Not Courts

U. S. Defence Secretary Robert Gates   Official Portrait  

By Brody Levesque (Washington DC) OCT 13 | In a statement made to pool reporters traveling aboard a U. S. military aircraft today referring to the injunction issued by U. S. District Court Judge Virginia Phillips yesterday,  U. S. Defence Secretary Robert Gates said:

"I feel strongly 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. "It has enormous consequences for our troops."

White House spokesman Robert Gibbs told reporters Wednesday that "don't ask, don't tell" as "a policy, is going to end". But he declined to answer whether the Obama administration preferred to seek a stay of the injunction and appeal against the ruling. The US Department of Justice has 60 days to appeal but may opt not to do so.


Retired U. S. Navy Chief Petty Officer Mike Nola, who is Gay, observed in a post on the LGBT Political Blogsite Joe.My.God:

It is really sad that Gates chose this particular statement to make. From the perspective of a retired Navy Chief, I find it less than genuine for him to take the stance that courts have no place making this ruling. 

A couple of things to keep in mind about this: 

Until Congress repeals DADT or SCOTUS agrees with this Judge, the services are NOT barred from investigation of DADT violations, just the "enforcement" of it. That is a very distinct difference. 

The practical aspect of the ruling is that the military can continue to "find out" if you are gay, they just cannot discharge you for being gay. That does nothing to stop the myriad of other charges that MIGHT be substituted in place of being gay. 

The other serious thing that must be looked at are the "enourmous consequences" Gates lays claim to. 

The practical effect of either congress or the courts overturning DADT are pretty well known. Some serious homophobes will not re-enlist or in extreme cases desert their post in protest against serving with gay people. 

Some commanders will find ways to discriminate against gays in postings, advancements, evaluations, etc. That currently happens against some minorities even after all these years of forced integration.

Gays cannot reasonably expect the old guard to suddenly embrace the legal mandate, just as we cannot reasonably expect all the civilian haters to suddenly don rainbow T-Shirts and support gay pride parades. Sad but true. 

When proven, those actions will most likely result in the commander or senior member being disciplined and possibly discharged for homophobic behavior and other violations of the UCMJ.

Some homophobes will attack, assault, attempt to maim  or kill their shipmates. Despicable but a probable reality of the overturn of the DADT ban. These people of course will be discharged and imprisoned but that will do nothing to prevent it from happening. 

Some chaplains will complain that they cannot "morally" treat gays the same as straights. They too are likely to be discharged or resign their commissions. 

Some dependents will scream about "being forced" to live next door to "dirty homosexuals" in base housing. Some will likely vandalize their gay neighbors property. Those who do will be charged with crimes and lose their base privileges. 

Some dependent children will beat up and try to bully the children of gay couples. The active duty parent will suffer the consequences of those actions, including the revocation of base privileges for their family. 

Groups like NOM and the Westboro Baptist Church will stage protests against gays in the military....oh wait they do that now. And of course the most "enormous consequence" is that the federal government will be force to provide dependent benefits to gay spouses and children. States (with military bases) will be forced to provide state level advantages equal to straight couples even if they have a DOMA law. 

These are the "enormous consequences" of this ruling. Sadly some people will be harmed and the true homophobic nature of their attackers will become public knowledge. Those perpetrators will do brig time and loose their retirement and base privileges. 

But please DO NOT fail to recognize the reality of SOME members of the LGBT community even in the military.

Some members of our community fail to act maturely. Some will "sexually agress" towards a straight shipmate. Some will take photos of their shipmates in the showers or berthing spaces without their permission. Some, in positions of power, will sexually harass junior members and possibly engage in the same violations of the UCMJ that some straights will, namely "retaliate" using evaluations, postings and advancement as a negative control. Some will falsely scream homophobia when called to task for their own behavior. 

We are after all exactly like our straight counterparts in all aspects except who we love. Our community suffers the same level of bad behavior as the straights do. Those that choose to deny these things are only lying to themselves