(Community Matters) tough, tough spot. I appreciate that Press Secretary Robert Gibbs was obviously very thoughtful in his responses yesterday – see Politico here. The President has been committed to overturning Don’t Ask Don’t Tell since the campaign trail. And, despite the understandable – even sometimes deserved – venomous anger from LGBT community, there’s little appreciation from the street of the strategic legislative and armed forces prep this administration has put into its permanent repeal.
Most of the national bloggers aren’t doing anyone a favor by distorting the choices facing us today, after Federal District Court Judge Virginia Phillip’s decision declaring DA/DT unconstitutional. This isn’t a definitive court decision. It’s a lower federal court decision subject to appeal in the 9th circuit. And, I’m told the 9th circuit has already upheld DA/DT’s constitutionality – as have 4 other US circuits.
I admit to being torn. I wish the case wouldn’t be appealed. Even more I certainly wish Congress had already repealed the damn, unfair law (which goddamn you David Mixner and Richard Socarides you’re screaming from the sidelines when there aren’t any two LGBT members more culpable for this law passed during the Clinton administration*). I believe it’s unconstitutional. I wish President Obama believed it was unconstitutional, but in an interview with Anderson Cooper last year, he said he felt it was a legislative prerogative that had to be legislatively repealed.
In several meetings in DC over the last two weeks, I’ve been assured DA/DT will be repealed in the December lame duck session. And, I realize this assumes we don’t lose the Senate. I worry it also assumes we don’t lose the House (which is my private bet but I unwilling to gamble our equality objectives). A US Senator assured me a few weeks ago, that the repeal would pass in December, that GOP Senate minority leader McConnell told his colleagues they could vote as they wished after the election.
Yet . . . do we have to appeal Judge Phillip’s decision? Should the White House not dictate DOJ’s decisions? Does an administration have the responsibility to appeal all decisions against existing legislation? And, the bottom line – we want this law rescinded permanently.
I trust Pres Obama more than any other elected official. He’s promised us DA/DT & DOMA will be repealed and that he believes in full equality for LGBT Americans (marriage is a sticking point and I believe he’ll come around prior to 2012). I’m not saying that there haven’t been timing mistakes (not saying there have been – who the hell knows. We were facing a f$#ing Great Depression and political opposition admittedly more intent on opposing Pres Obama’s success than supporting what’s right for our country).
* I adore David Mixner and appreciate his leadership during the last two decades. I helped him and Tom Henderson raise money to fight DA/DT after they ill-advised the President to suspend the gay military ban during his first 100 days in office. I don’t know Richard and assume he’s a good guy too. But, he should be a bit more gentle with his stone throwing since he was Clinton’s LGBT adviser during the time DA/DT and DOMA were signed. And, finally (?), I’m glad many are screaming from the sidelines; it takes insiders and outsiders to get anything as life changing as LGBT equality accomplished.
Community Matters 