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From the Daily: Silence under orders

BY THE MICHIGAN DAILY

Published February 7, 2010

For years, the U.S. military’s infamous “Don’t Ask, Don’t Tell” policy has been the focus of much controversy. This executive order — issued in 1993 under the Clinton administration — modified full enforcement of a federal law and stated that members of the LGBT community could serve in the military with the caveat that they conceal their sexual preference. But last week, top military officials addressed Congress in favor of overturning the ban. The ban on members of the LGBT community in the military is blatantly discriminatory toward LGBT people, and actions must be taken by the president and Congress to end this policy.

Since the beginning of World War II, federal law has prevented LGBT individuals from serving in the military. In order to get around this policy, former President Bill Clinton enacted the “Don’t Ask, Don’t Tell” executive order in 1993, allowing gay people to enlist in the military with the condition that they concealed their sexual identity. On Tuesday, Chairman of the Joint Chiefs of Staff Adm. Mike Mullen and Defense Secretary Robert Gates addressed Congress and called for an end to the law.

The law that banned LGBT people from the military is clearly discriminatory. Previous discrimination against African Americans in the military was also wrong, and ending it made the military more cohesive. And though the “Don’t Ask, Don’t Tell” executive order aimed to soften the ban, it instead only masked the discrimination in anonymity. Demanding that an individual conceal or deny their sexual preference is, plainly, wrong. Every individual should have the right to freely express themselves and their sexual preference. And now that top defense officials have expressed their dissatisfaction with the ban, there is no reason it should remain law.

The ban on members of the LGBT community serving in the military is simply a bad, discriminatory law. And it is Congress’s responsibility to put an end to bad laws. Issuing legislation to repeal old laws banning members of the LGBT community from the military would end this inequality and be a progressive step for the United States. Congress should recognize the inherent discrimination of the ban, and overturn it as soon as possible.

Congress has the power to eliminate the law, but any sort of Congressional legislation will probably take months to make it through the legislative process — the health care bill debacle has proved that. In the meantime, President Barack Obama should act. One of Obama’s campaign promises was to take action against regulations excluding LGBT individuals from serving in the military. But with a full year in office behind him, Obama’s promise hasn’t been fulfilled.

Though the technicalities of executive orders are controversial, there is historical evidence that Obama has the power to suspend enforcement of the ban, especially since he controls the executive branch and is named by the Constitution as the commander in chief of the military. In 1948, President Harry S. Truman desegregated the military by executive order. Similarly, Obama has the opportunity to end a discriminatory policy and it is important that he takes action. Obama should issue a temporary stop-gap on the enforcement of this policy, ending further discrimination.

The LGBT community has been discriminated against long enough, and it's time that they are given equal opportunity to serve their country. The president and Congress need to be leaders in the fight for civil rights and end of the ban on gay people in the military.


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