A federal Court in California ruled the “don’t ask, don’t tell” policy unconstitutional. The ruling said that it violates the first and fifth amendments. It violates the first amendment because it forbids a homosexual to freely speak about his/her orientation, and it allows heterosexuals to speak about their sexual preference, and the fifth because. And it violates their promise for due process under the Fifth Amendment. The judge is soon expected to issue an injunction, forbidding the government from enforcing “don’t ask, don’t tell.” The government is expected, in response, to put off any immediate ruling by asking for a temporary injunction. Then they will file a petition with the 9th Circuit Court of Appeals for a hearing. If that fails it will then move to the Supreme Court. Although, the White house has showed interest in ending the “don’t ask, don’t tell” policy, so because they have congress approval, the ruling may turn out differently than would have been expected.
I believe this is a good thing because it will allow us to strengthen our national security by getting rid of a policy that has not allowed many men and woman to serve. I think this is a historic moment to be witnessing because it may open up many more opportunities for homosexual rights, and it allows many more to enter the service that would have otherwise been forbidden to. Also, depending on how you look at it, it may open up for more opportunities for expansion in the “conflict.” Ironically at a time when we are bringing more people home from the “conflict.” Though at this point it depends on which way congress decides to vote.
CNN Wire Staff. "Focus Shifts to Congress after 'don't Ask, Don't Tell' Ruling
CNN.com." CNN.com - Breaking News, U.S., World, Weather, Entertainment & Video News. CNN U.S., 20 Sept. 2010. Web. 10 Sept. 2010. <http://www.cnn.com/2010/US/09/10/dont.ask.dont.tell/index.html?iref=allsearch>.
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