This is what I would do to repeal DADT

[bluestateguy]

By now we are all aware of the District Court ruling striking DADT down. The Justice Department would be well within its rights to simply let the ruling stand and not appeal it, even though this is not common.

As we are also aware, there is a painfully slow process going on in Congress to repeal the policy, but the full Senate has yet to vote on the Defense bill with the DADT repeal language and then it has to be reconciled in the conference committee for another vote in both chambers. Congress will only be in session for another month, and then maybe a couple more weeks after the election for a lame duck session (which, BTW, the Republicans did in 2006 after losing Congress too).

The best outcome is legislative repeal. But if Republican stalling and parliamentary tricks prevent the repeal bill from passing before the clock runs out on this congressional term (because you can forget it in the next congressional term), then Plan B should be for the Justice Department (Obama's Justice Department, BTW) to announce they will not appeal the USDC ruling, and in compliance with that decision, DADT will no longer be enforced. That ends the policy in practice (though it stays on the books as nothing more than ink on paper), and allows the president to say that he kept a campaign promise.

Then a couple years go by, the military sees that ending DADT will not be the end of the world, and the policy will be legislatively repealed without much controversy.

That's all. And don't pee in my Wheaties.

[VMI Dem]

1. That would require at least a mediocre advocate in the White House.

And he ain't there.

[bushisanidiot]

3. If you're lucky, maybe Jeb Bush will be elected in 2012 and he'll be a stronger advocate!

.

[VMI Dem]

6. Isn't he a homophobe too?

Oh...he's a worser homophobe. Compelling argument.



:hi:

[bushisanidiot]

8. I doubt Jeb is the type of homophobe to do any of the following:

* Support ENDA (including protection based on gender identity)
* Support ending “Don’t Ask, Don’t Tell”
* Support the Matthew Shepard Hate Crimes Act
* Support equal benefits for same-sex couples
* Support partner immigration rights
* Support full repeal of DOMA
* Against anti-gay state constitutional amendments such as those in California, Florida and Arizona
* Will appoint pro-LGBT judges like Justice Stevens and Ginsburg (Kagan!!!)

http://www.undispatch.com/node/7729

Obama Reverses U.S. Position on LGBT Issues at the UN

Mark Leon Goldberg - February 19, 2009 - 11:05 am

* Human Rights

In late December the United Nations General Assembly held a symbolic vote on a statement calling for the universal decriminalization of homosexuality. France spearheaded the resolution, which was a 13 point declaration "to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention." The statement received 60 votes in support, mostly from Europe and South America. Opposing the resolution, were the United States, the Holy See, and members of the Organization of the Islamic Conference. At the time, the Bush administration couched its objection to the measure in legal technicalities.

Well, that was then. This is now: At the so-called "Durban Review Conference" on racism and xenophonia underway in Geneva, Europe again put forward language condemning “all forms of discrimination and all other human rights violations based on sexual orientation.” According to UN Watch, "The Czech Republic on behalf of the E.U., with the support of New Zealand, the United States, Colombia, Chile on behalf of the South American states, the Netherlands, Argentina and a few others, took the floor in support." (emphasis mine).

The efforts to include language on discrimination based on sexual orientation ended up failing for lack of support from non-western countries. Still, it's relieving to see that the United States is now back on the side of the enlightened on this issue of basic human rights.



From whitehouse.gov (there are pages and pages of stories of the work President Obama is doing on behalf of GLBT rights)

Here are just a few:



Presidential Proclamation--Lesbian, Gay, Bisexual, and Transgender Pride Month
Posted on May 28, 2010 at 05:51 PM EDT
Type: Press Article, Proclamations

great, unfinished story is the movement for fairness and equality on behalf of the lesbian, gay, bisexual, and transgender (LGBT) community. This month, as we recognize the immeasurable contributions of LGBT Americans, we renew our commitment ... give committed gay couples the same rights and responsibilities afforded to any married couple, and repeal the Defense of Marriage Act. We must protect the rights of LGBT families by securing their adoption rights, ending employment discrimination ... as Lesbian, Gay, Bisexual, and Transgender Pride Month. I call upon all Americans to observe this month by fighting prejudice and discrimination in their own lives and everywhere it exists. IN WITNESS WHEREOF, I have hereunto set my hand this twenty ...
Administration Funds New HIV Prevention Initiative Targeting Gay and Bisexual Men
Posted on February 07, 2010 at 02:45 PM EDT
Type: Office of National AIDS Policy, Blog Post

gay and bisexual men. This is welcome news. Thirty years into the domestic HIV epidemic, gay and bisexual men remain disproportionately affected by HIV. Although HIV diagnoses have remained flat or declined in most risk groups between 2004 and 2007, HIV diagnoses have increased among gay and bisexual men. The impact of the epidemic on this group is staggering. Last August, CDC released preliminary estimates showing that gay and bisexual men were 50 times more likely than all other risk groups to contract HIV. Although gay and bisexual men represent approximately three percent of the United States population, they account for 53% of new HIV infections. The distribution of HIV infection is not uniform across gay and bisexual men by race ...
President Obama Speaks for Gay Civil Rights
Posted on October 10, 2009 at 02:32 PM EDT
Type: Audio/Video

In remarks to the Human Rights Campaign, the President speaks in support of gay rights, including the repeal of "Don't Ask Don't Tell" and DOMA. October 10, 2009. (Public Domain) ...
President Obama Announces Benefits for Gay Partners of Federal Employees
Posted on June 17, 2009 at 12:00 PM EDT
Type: Audio/Video

The President signs a Presidential Memorandum expanding benefits for partners of gay federal employees. June 17, 2009. (Public Domain) ...
Statement by the President on UN Accreditation of the ILGHRC
Posted on July 19, 2010 at 06:25 PM EDT
Type: Press Article, Statements and Releases

I welcome this important step forward for human rights, as the International Lesbian and Gay Human Rights Commission (ILGHRC) will take its rightful seat at the table of the United Nations. The UN was founded on the premise that only through mutual respect, diversity, and dialogue can the international community effectively pursue justice and equality. Today, with the more full inclusion of the International Lesbian and Gay Human Rights Commission, the United Nations is closer to the ideals on which it was founded, and to values of inclusion and equality to which the United States is deeply committed. ...
Public Comment Regarding: Pet Management Policy in Golden Gate Recreation Area
Posted on May 15, 2009 at 02:14 PM EDT
Type: Office of Management and Budget

Statement by the Press Secretary on Today's Pardoning in Malawi
Posted on May 29, 2010 at 12:57 PM EDT
Type: Press Article, Statements and Releases

The White House is pleased to learn of President Bingu wa Mutharika's pardon of Tiwonge Chimbalanga and Steven Monjeza. These individuals were not criminals and their struggle is not unique. We must all recommit ourselves to ending the persecution and criminalization of sexual orientation and gender identity. We hope that President Mutharika's pardon marks the beginning of a new dialogue which reflects the country's history of tolerance and a new day for lesbian, gay, bisexual, and transgender rights in Malawi and around the globe. ...
President Obama on LGBT Pride Month: Extraordinary Progress, But Hard Work Left to Do
Posted on June 23, 2010 at 11:29 AM EDT
Type: Blog Post

-outs to some of the top openly gay White House officials in attendance, including CEQ Chair Nancy Sutley, Director of the Office of Personnel Management John Berry, and chair of the Export/Import Bank Fred Hochberg. Discussing progress made under his ... : to guarantee gay federal employees the exact same benefits as straight employees -– including access to health insurance and retirement plans.” He then discussed perhaps the biggest change on the way: And finally, we’re going to end “Don’t Ask, Don ... of Staff, Mike Mullen, has repeatedly and passionately argued for allowing gay men and women to serve honestly in the military. (Applause.) We know that forcing gay and lesbian soldiers to live a lie or to leave the military, that doesn’t contribute to our ...
Brian Bond
Posted on September 08, 2009 at 10:13 AM EDT
Type: Office of Public Engagement

Deputy Director of the White House Office of Public Engagement Bond has an extensive background in constituency outreach and coalition bridge-building. Most recently he served as the National Constituency Director for the Obama for America Campaign in Chicago, Illinois. Prior to that, he served as the Executive Director of the Democratic National Committee’s Gay and Lesbian Leadership Council. He also served several years as the Executive Director of the Gay and Lesbian Victory Fund, an organization committed to training and electing Out LGBT candidates for public office. A former Executive Director of the Missouri Democratic Party, Bond is a Missouri native has a degree in Public Administration from Missouri State University ...

[MrScorpio]

7. If the Justice Dept. sabotaged their own effort to defend laws on the books...

The backfire would lead to impeachable offenses, IF it lead up to the President.

Like it or not, the Justice Department is obligated, BY LAW, to put their best foot forward.

Trying DADT should be no different than the defense of any other law on the books.

[izquierdista]

2. And reassign the lawyers involved

Now they have some employees freed up to go look for war criminals.

[terrya]

4. Legislative repeal is NOT a certainity.

And anyone who says it is...well, let me know what they're smoking....

As has been said before many, many times, President Obama DOES have the authority to issue a stop loss order. He could do it today.

I think that compromise that you outlined is doable. But of course, the DoJ WILL appeal yesterday's ruling.

I'm not peeing in your Wheaties. But this whole process, so far, has been a ridiculous farce. I don't know how the hell you can drag this out, while scores of former military officers, including Colin Powell, plus a huge majority of the American people, support repeal of this pandering to bigotry and discrimination.

[MrScorpio]

5. Barney Frank felt that it would be quicker to get rid of DADT thru the courts than Congress

It looks like he had the right idea... Especially, seeing how it seems how badly other legislation is being held up in the legislative side of things.