Don’t Ask Don’t Tell Armed Service Homosexual Ban Upheld By Supreme Court

The highest court in the land has ruled that “Don't Ask, Don't Tell” (DADT) will continue to exist, as additional review is essential to assess constitutionality. Justice Elena Kagan, a noted anti-DADT activist during her earlier tenure at Harvard University, was recused from the decision. The 1993 law that bars homosexuals from serving openly in the armed forces will remain in impact until at least March unless Congress repeals Don't Ask Don't Tell, which is regarded unlikely.

DADT remains under constitutionality review

Waiting until March will probably be what Congress does although it can repeal DADT before then. In late February or early March, DADT will be visited again unless congress says otherwise considering the Ninth Circuit Court’s review of the repeal of DADT by a federal judge can be reviewed then. The Court's decision denied a request on behalf of a gay rights group to lift a Circuit Court stay of the federal judge's decision to ban “Don't Ask, Don't Tell.”. Another request to stop the Pentagon from discharging until then was denied along with this policy until March at the very least.

Disqualifying herself is Justice Kagen

The lack of participation by Justice Elena Kagan had been decided upon by Justice herself. Because Kagan wanted the Supreme Court to be impartial, she decided to back off the case considering she took actions again “Don’t Ask, Don’t Tell” when serving as a U.S. Solicitor General and worked against it while in Harvard.

President Obama hopes nothing will change with DADT

There has been a stance come from the President Obama administration already. The SCOTUS blog says that the DADT should be left alone in the Obama administration’s opinion. The president's argument centers on recent changes in the Pentagon's discharge policy. It has been sold as granting “greater protection” to gays in the military, but the reality is rather different, note numerous sources, including noted gay-friendly MSNBC host Rachel Maddow. Discharges can still happen although the highest level of command has to authorize them beforehand.

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