Today, the Supreme Court punted on its chance to overturn “Don’t Ask, Don’t Tell”:
The Supreme Court on Monday turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military, granting a request by the Obama administration.
The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the military’s “don’t ask, don’t tell” policy.
The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.
In court papers, the administration said the appeals court ruled correctly in this case when it found that “don’t ask, don’t tell” is “rationally related to the government’s legitimate interest in military discipline and cohesion.”
Well, we all know that government interest isn’t rational at all. And, our friends in the Obama administration know that, too.
It’s time for Obama to step up. He doesn’t have to wait for legislation, although legislation to overturn DADT should be passed ASAP. Obama is the commander-in-chief. He has tools at his disposal to prevent further discharges. He can issue an Executive Order according to a study by the Palm Center. If Obama wants to make a real statement during LGBT Pride Month, instead of just a proclamation, taking action to prevent further discharges under DADT would be a good one — a very good one.