Gays looking to get the Supreme Court’s help in being allowed to openly serve in the military have been rebuffed.
The Supreme Court on Monday turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military, granting a request by the Obama administration. The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military’s “don’t ask, don’t tell” policy.
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In court papers, the administration said the appeals court ruled correctly in this case when it found that “don’t ask, don’t tell” is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
During last year’s campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won’t stop gays and lesbians from being dismissed from the military.
@anamariecox is miffed but this is hardly surprising. It has been settled law for generations that the military has a “good order and discipline” interest that allows it to do things that other government entities can’t. The homosexual exclusion policy has been tested time and again and been deemed consistent with that goal. There was no basis for taking this case and ruling differently.
Ultimately, this is a policy decision that Congress will make. Given the trendlines on this, it’s only a matter of time. For example, a Gallup poll released June 5th:
The movement in favor of gays serving has been positive among all demographics, with more than two-thirds overal and even a sizable majority of self-identified conservatives in favor. No group gave less than 58 percent approval.
President Obama has clearly decided not to make Bill Clinton’s mistake of sparking a distrating controversy by tackling this early. With an economic crisis and two wars to deal with, that’s wise if not particularly courageous.
