The Obama administration professes to oppose the odious and misguided policy of banning gay soldiers from serving openly in the military. So it was distressing to hear that the Justice Department plans to appeal a federal court order that the military immediately stop enforcing the law that is used to drum out gay service members once their sexual orientation becomes known.
We believe the “don’t ask, don’t tell” law was wrong from the day it was passed 17 years ago. But, in any case, circumstances have changed radically. As Judge Virginia Phillips pointed out when she ruled it unconstitutional, the original premises for the policy have been proved wrong, and there is no longer any good reason for continuing to ruin people’s lives by enforcing it...
The breadth and vigor of Judge Phillips’s ruling provided a welcome jolt to an issue that had been stagnating. The best solution by far — because it would reflect political consensus — would be for Congress to repeal “don’t ask, don’t tell” as President Obama has requested. The House voted to do that, but Republicans have blocked action in the Senate. The climate is apt to get worse for civil rights after the elections.
The next best solution was Judge Phillips’s injunction, which ordered the military to drop any investigation or discharge proceeding mounted under the law against any gay service member anywhere. The injunction would provide immediate relief to gay men and women while the political and judicial wrangling over whether to repeal the act moves sluggishly forward....
Now that the administration is expected to appeal Judge Phillips’s ruling unnecessarily, we hope the appeals court lets it take force immediately. It is unfair to persecute valued service members under an outmoded and harmful law that should have been scrapped long ago.
http://www.nytimes.com/2010/10/14/opinion/14thu1.html