Don't Ask Don't Tell armed service homosexual ban upheld by Supreme Court

The highest court within the land has ruled that "Don’t Ask, Don’t Tell" (DADT) will persist, as additional review is necessary to assess constitutionality. Justice Elena Kagan, a noted opponent of DADT, was recused from the SCOTUS decision of her own accord. Congress can step in (however unanticipated that may be), however it appears likely the SCOTUS decision concerning the 1993 Don’t Ask Don’t Tell law – which bars gays from serving openly within the military – will exist in the current form until at least March. Source for this article – DADT military gay ban upheld by Supreme Court by Personal Money Store.

DADT remains under constitutionality review

DADT is something that will likely not be changes until March. Congress could repeal it though if it wanted to. The federal judge repealing DADT can be reviewed within the Ninth Circuit Court in late Feb or early March. DADT, unless Congress says otherwise, will not be visited again until then.

Lifting a Circuit Court stay of the decision to ban "Don't Ask, Don't Tell" that a federal judge decided had been what the gay rights group had been trying to do when the court denied it. March could be the soonest this plea could be looked at because of the decision. Also, there had been one more denied request to stop the Pentagon from discharging until then.

Disqualifying herself is Justice Kagen

The lack of participation by Justice Elena Kagan was decided upon by Justice herself. Kagan’s opposition stance on "Don’t Ask, Don’t Tell" while at Harvard – as well as actions she took against "Don’t Ask, Don’t Tell" when serving as U.S. Solicitor General – led her to recues herself so that impartiality would be maintained within the Supreme Court’s decision.

President Obama hopes nothing will change with DADT

The President Obama administration has urged SCOTUS justices to leave DADT in place, as outlined by the SCOTUS blog. The president’s argument centers on recent changes within the Pentagon’s discharge policy. The gays won't have "greater protection" in the military as this is expected to do. This is something even Rachel Maddow, gay friendly host of MSNBC, explained. The policy change doesn’t stop the discharges, it simply needs that discharge decisions come from the highest levels of command.

Citations

Scotus Blog

scotusblog.com/2010/11/new-plea-to-end-military-gay-ban/

Rachel Maddow pops the cork prematurely

youtube.com/watch?v=i2ep6if_GLY