Editorial: Let’s finally put ‘don’t ask, don’t tell’ to rest

The “don’t ask, don’t tell policy” barring gays and lesbians from serving in the U.S. military is headed for a certain grave. The U.S. 9th Circuit Court of Appeals declared the Clinton-era law unconstitutional, and Congress subsequently repealed it. This is the outcome President Barack Obama wants, but his administration keeps delaying the day when it can declare victory.

When such head-scratchers arise, you can bet that politics lurks in the background. We can only surmise that the legal foot-dragging is aimed at gaining maximum political gain.

The U.S. Justice Department argues that the policy needs to stay in place as the Pentagon works on “the orderly process” of removing it. Taken at face value, the administration’s position suggests that a clearly discriminatory policy that booted more than 13,000 trained and ready soldiers, sailors and Marines out of the military for nothing more than their sexual orientation has some value. The courts, Congress and the president have all rejected this argument. But through its legal filings, the administration is saying, in essence, that the Pentagon needs the threat of discrimination as it counsels its leaders and troops on why such discrimination is counterproductive, and must come to an end.

A 9th Circuit panel was having none of this argument when early this month it told the government to stop enforcing the law. The issue could have – and should have – ended there.

But the Justice Department regrouped, and asked the court to consider an emergency order to re-impose the ban temporarily. Last Friday, the court agreed, but emphasized that it was doing so only because the military had stopped kicking gays and lesbians out of the service and that the ban could no longer be enforced.

So what’s the point of a lot of legal wrangling over the re-imposition of a powerless policy? Politics, of course.

The president can show that he is listening closely to the needs of the military, and the military can show that it is actively involved in the process of eliminating discrimination.

Some might say it’s good enough that this sad chapter is coming to a close. And while that is good news, it doesn’t bode well for a direct, forceful assault on other areas of discrimination against gay and lesbian Americans.

The federal Defense of Marriage Act remains and Obama has not backed gay marriage, preferring the safer political ground of “civil unions.” The administration’s legal tap dance with “don’t ask, don’t tell” surely could indicate that it doesn’t have the resolve to fight discrimination again. And that would be a shame.