U.S. Defense Secretary Robert Gates has criticized a federal court decision ordering
the U.S. Armed Services to open its ranks to active homosexuals. U.S. District
Judge Vickie Phillips of California has issued a permanent injunction
law adopted by Congress in 1993 which
enshrined the longstanding military policy prohibiting avowed homosexuals from serving
in the U.S. Armed Forces. Phillips ordered military officials to cease enforcement
of the law immediately.
"I feel strongly this is an action that needs to be taken by the Congress and that
it is action that requires careful preparation, and a lot of training. It has enormous
consequences for our troops." Gates is overseeing a comprehensive study which is
due by December 1st which examines the impact of a change in the policy on the
nation's military branches. The leaders of each of those branches of the service
have expressed firm opposition to the change, saying that the current policy works.
Clifford Stanley, Undersecretary of Defense for Personnel and Readiness, says that
"a number of service members have expressed concerns about, or opposition to, the
repeal of [the law] and its replacement with a policy that would permits gays and
lesbians to serve openly. An immediate court injunction would send a very damaging
message to our men and women in uniform that their views, concerns, and perspectives
do not matter on an issue with a direct impact on their lives."
Judge Phillips ruled that the military policy on homosexuality violates the U.S.
Constitution. As is customary in federal courts these days, Phillips provided no
credible constitutional or legal basis for her decision, but instead asserted her
own personal views of justice based on false premises and fictitious claims. A single
judge has taken it upon herself to overrule the decision of the elected representatives
of the people and the longtime standards of the U.S. military with regard to the
morals, morale, and discipline of U.S. troops.
Tony Perkins, President of the Family Research Council, and himself a former Marine,
commented: "Once again, an activist federal judge is using the military to advance
a liberal social agenda, disregarding the views of all four military service chiefs
and the constitutional role of Congress. "
The U.S. Department of Justice has filed a motion asking Judge Phillips to stay
(or set aside) her injunction until the case is heard on appeal by the 9th U.S.
Circuit Court of Appeals. It appears that the Obama Administration is playing it
straight in defending the law, as it is legally obligated to do. In fact, the Justice
Department says that it will ask the 9th Circuit to intervene and block Judge Phillips'
injunction if she refuses to grant the stay.
The Justice Department's filing states that the judge's decision "will irreparably
harm the public interest in a strong and effective military." It states further
that a sudden change in the military policy "will be enormously disruptive and time-consuming,
particularly at a time when this nation is involved in heavy combat operations overseas."
While the Obama Administration may be performing its proper duties in court,
Obama has reiterated his determination to homosexualize the U.S. military. The President
recently promised an MTV audience that the policy on homosexuality would be repealed,
and that "it will happen on my watch."
Obama announced in his State of the Union
address earlier this year that opening the U.S. military to active service by homosexuals
was one of his top priorities.
The U.S. House of Representatives voted earlier this year to repeal the 1993 law,
enacted during the Clinton Administration, and often incorrectly referred to as
"Don't Ask, Don't Tell." The U.S. Senate recently voted to rebuff a change in the
law when supporters of the change failed to rally the votes to overcome a threatened
filibuster. Congressional leaders have stated that they plan to bring the issue
up again during a "lame-duck" session following the November election.
Senator John McCain, a strong opponent of the change, has questioned the legitimacy
of the study currently being conducted by the Defense Department. McCain claims
that the study is focused not on whether the policy should be changed, but how it
should be changed, and ignores the impact of a change on morale and effectiveness.
A previous Military Working Group study conducted in 1993 concluded that "the presence
in the Armed Forces of persons who demonstrate a propensity or intent to engage in
homosexual acts would create an unacceptable risk to the high standard of morale,
good order, and discipline, and unit cohesion that are the essence of military capability."
You can read an excellent analysis of this issue prepared by the Family Research
Council called "Mission Compromised" by following this link: