President Obama has refused to step aside and allow a federal judge to negate the 1993 law (signed by President Clinton) banning homosexuals from military service, despite his State of the Union pledge to the Gay Agenda. The president says he wants Congress to change the law, thus relieving him of a legacy of weakening the world's strongest force for good.
Homosexualists are furious with Obama, because the coming (more conservative) Congress will certainly NOT change the law.
-- From "Federal judge denies DoJ request for stay on injunction of 'Don't ask'" by Roxana Tiron, The Hill 10/20/10
A federal judge on Tuesday refused to suspend the order to halt the ban on openly gay people serving in the military.
The Obama administration is now expected to ask the 9th Circuit Court of Appeals for an administrative stay on the injunction of the law, commonly known as "Don't ask, don't tell."
U.S. District Court Judge Virginia Phillips last week barred the enforcement of the "Don't ask, don't tell" law. Phillips ordered the Department of Defense to halt investigations and discharges of military members stemming from the Clinton-era law. The case that won the nationwide injunction is Log Cabin Republicans v. United States of America. The federal judge last month issued a final ruling that "Don't ask, don't tell" was unconstitutional.
The Obama administration's decision to challenge the federal judge's decision is rankling gay-rights activists who for months have been pressing for the law’s repeal. President Obama first promised to scrap the ban during his presidential campaign.
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-- From "Is Obama’s Excuse for Not Repealing ‘Don’t Ask Don’t Tell’ Legitimate?" by Ben Adler, Newsweek Magazine 10/19/10
President Obama claims he must defend and enforce the ban on gays serving in the military, even though he opposes it. But most experts in constitutional and military law say he has other options.
Since he was elected, President Obama has been dragging his feet on his campaign promise to let gays serve openly in the military—and gay-rights activists have been fuming. . . .
Obama has now repeatedly angered the gay-rights advocates: first by refusing to undo DADT himself, then by vociferously defending the law in court, and now by appealing the ruling and asking for it to be stayed. “Obama has made choices identical to those that would have been made by the Bush administration,” says Jonathan Turley, a constitutional law expert at George Washington University.
But is it true that Obama has to wait for Congress to act? . . .
There are two different arguments for why Obama could choose not to enforce the law. The first one: he could say it was unconstitutional. . . .
Obama’s other option: simply using his executive power to decide how the laws will be, or won’t be, executed. So Obama could simply order the military to stop applying the law, or to use it much more narrowly and infrequently. . . .
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