US: Courts demand immediate repeal of Don’t Ask Don’t Tell
More : Don't Ask Don't Tell, Justice, United States
Though the repeal of the law discriminating against LGBT persons in the American military has not yet coming into effect, despite having been voted on in December 2010, the American courts have accelerated the process. A tribunal in San Francisco has declared the law unconstitutional and has demanded that its repeal come into effect immediately.
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The delay in implementation of the repeal is of primary concern to the LGBT community. Though the Don’t Ask Don’t Tell law was repealed by Congress last December, the policy is being abandoned progressively. In other words, it is still possible for lesbian and gay soldiers to be sanctioned because of their sexual orientation.
The court of appeal of the 9th district of San Francisco has ordered an immediate end to the application of the law, citing it as unconstitutional. It also confirms a similar decision made by a California judge in November 2010. Though this verdict was suspended by another tribunal just a few weeks later, it no doubt played a role in the Senate’s hurried vote in favour of the repeal.
Will the government appeal the decision?
The White House recently announced that the repeal will be coming into effect in a question of weeks. Barack Obama hopes that the end of Don’t Ask Don’t’ Tell happens through legislative means rather than judicial, which he believes to be too sudden. The Minister of Defense was equally in favour of a progressive exit from the present situation, in order to allow time for the military hierarchy to get used to the new reality.
The gay community rejoiced at the decision announced by the tribunal in San Francisco. Activists are still on their guard though, as no one knows whether the government plans to appeal the decision. Associations have advised lesbians and gays in the military to stay in the closet for the time being.
Photo credit: vpickering.
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