Pentagon surveys troops on DADT (again)

[Lamplighter]

The Obama Administration is not shooting themselves in the foot...

I do solemnly swear (or affirm) that I will faithfully execute
the Office of President of the United States, and will to the best of my ability,
preserve, protect and defend the Constitution of the United States.

[TheMercenary]

Originally Posted by Lamplighter

The Obama Administration is not shooting themselves in the foot...

I don't need you to quote the oath. Obama promised to do away with DADT. The simple solution would have been for the CIC to issue an order the day after he took office. The military does not need some orderly transition. It is no different from the integration of blacks and women. There were plenty of top down orders that came from the leadership that people didn't like and don't like. But you take your marching orders and make the appropriate change. Screw the lower court rulings, they are not needed and I don't think carry much weight when it comes to establishing policy and procedure in the military.

[Lamplighter]

Well, the oath Obama took is the basis for what is happening now.

There is a pretty good editorial in the NY Times today about this business,
and another possible route the CIC could possibly take.

But there does seem to be unanimity among the legal dogs
that since DADT is in a law passed by Congrees, it is not like the integration
of Blacks and women in the services to be voided by executive order.

At least that is how I understand and accept what is going on now.

[Happy Monkey]

Originally Posted by Lamplighter

But there does seem to be unanimity among the legal dogs
that since DADT is in a law passed by Congrees, it is not like the integration
of Blacks and women in the services to be voided by executive order.

At least that is how I understand and accept what is going on now.

It couldn't be voided, but it could be rendered toothless. But only so long as the executive order remains in effect.

It's possible that if he had issued the executive order, there would be less impetus for Congress to act, so maybe it's better in the long run to not issue the order.

The same might be true for the judicial order. It's a lower level court, so it can be overruled. If the Justice Department had declined to appeal, Congress may have thought that there was no longer any hurry to repeal the law, only to have another case come through later and put it back in effect.

Appealing to the Supreme Court is tricky. While it would be best for them to get to the Supreme Court and lose, that puts them in the position of actively supporting a Constitutional right for the government to discriminate against gays, which is not a defensible position. And given the makeup of the court, they could win, which would be the worst outcome. Even if Congress repealed the law, there would be Supreme Court precedent that homophobia is a valid government position.

I would have thought that leaving the anti-DADT judicial order in place might have been the best option. Enter the Supreme Court battle with months of openly gay military service already in place.

[classicman]

Originally Posted by TheMercenary

What you don't understand is that it is a huge system and change comes slowly and needs to institutionalized. This is not simply an order that needs to be given, although it is that, it is more. Change needs to be introduced with a plan in a systematic fashion. I think most of the younger troops can accept it, most of the older folks will have to struggle with it. I support it and I am from the older group. But I am not foolish enough to think that you can foist it on the system with an order and think all will be well. It will not.

Originally Posted by TheMercenary

The simple solution would have been for the CIC to issue an order the day after he took office. The military does not need some orderly transition. You take your marching orders and make the appropriate change. Screw the lower court rulings, they are not needed and I don't think carry much weight when it comes to establishing policy and procedure in the military.

Wait which is it? The bold (mine) in the first or the second?