Appeals Court Upholds Military Dismissal of Homosexuals

The Boston Herald is reporting that the 1st U.S. Circuit Court of Appeals upheld the dismissal of several homosexuals from military service under Bill Clinton's "Don't Ask Don't Tell" policy.

The policy prohibits the military from asking about the sexual orientation of service members, but requires discharge of those who acknowledge being gay or engaging in homosexual activity.

I was in the military when this stupid policy was implemented. The law has never been changed or rescinded which states that homosexuality is incompatible with military service; this policy implemented by Clinton was a kind of "compromise" measure he implemented as Commander in Chief when he failed to make good on his threat to completely open the military up to homosexuals to serve.

This policy creates a situation where the law is essentially "winked at," thus undermining respect for the law. It would be best to do away with "Don't Ask Don't Tell" and simply return to the full enforcement of the law.

A press release from the Alliance Defense Fund (ADF) sheds additional light on why homosexuality is incompatible with good order and discipline in the military, and why we shouldn't undermine national security with reckless social experiments:

“When lawmakers have to decide between a military that can most effectively defend our nation and one that becomes a forum for social experimentation, the choice is clear: our nation’s security comes first,” said ADF-allied attorney and NLF President Steven W. Fitschen (www.nlf.net). “The military has certain obvious dynamics that make the inclusion of people who openly engage in homosexual behavior impractical. That is the rationale behind the policy, and the court was correct to uphold its constitutionality.”

In its ruling, the court dismissed the constitutional challenges to the policy and acknowledged that it must defer to Congress’ intent in drafting it. The policy, part of the National Defense Authorization Act for Fiscal Year 1994, states that “military life is fundamentally different from civilian life” and “success in combat requires military units that are characterized by high morale, good order and discipline, and unit cohesion.”

“As Colin Powell explained to Congress, it is very difficult to put those who are attracted to members of the same sex in the same bedrooms, barracks, showers, and latrines with those who are not. It is an environment where people simply don’t have a choice of where they live or who they associate with,” said Fitschen.

The liberal Ninth Circus Court of Appeals in San Francisco recently ruled that homosexuals should be able to serve in the military, so we have two contradictory rules at the appellate level. This issue will almost certainly end up at the U.S. Supreme Court level sooner or later.

As unpalatable as John McCain is as a presidential candidate, this issue highlights one of the most important reasons I feel I must hold my nose and vote for him in November: the need for judicial appointments that will honor the law and Constitution.