Court rejects challenge to 'don't ask, don't tell'

WASHINGTON
(AP)

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."

During last year's campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won't stop gays and lesbians from being dismissed from the military.

Last year, the federal appeals court in San Francisco allowed a decorated flight nurse to continue her lawsuit over her dismissal. The court stopped short of declaring the policy unconstitutional, but said that the Air Force must prove that ousting former Maj. Margaret Witt furthered the military's goals of troop readiness and unit cohesion.

The decision by the 9th U.S. Circuit Court of Appeals was the first that evaluated "don't ask, don't tell" through the lens of a 2003 Supreme Court decision that struck down a Texas ban on sodomy as an unconstitutional intrusion on privacy.
The administration did not appeal that ruling to the Supreme Court and Witt's lawsuit is ongoing.
The appeals court in Pietrangelo's case also took the high court decision into account, but concluded that it should defer to Congress' determination that the policy fosters cohesion in military units.

The case is Pietrangelo v. Gates, 08-824.

Obama pressed to engage on gay issues

I find this incredibly interesting. Obama claims to be a Christian, a religion which deeply opposes same-sex anything as it relates to any "sexual" based relationship, and I know this to be true via the video below. However, there is enough evidence to suggest that Obama, if nothing more, wishes to remain aloof of the topic. I would think that any hard line Christian, as he claims he is, would be clear on his position. This does not mean that he can't appoint a gay man to the supreme court, to do that would violate the first amendment, but if he is in fact a Christian, then this issue should not have to be "pressed".

By Sheryl Gay Stolberg
The New York Times
Thurs, May 7, 2009

President Obama was noticeably silent last month when the Iowa Supreme Court overturned the state’s ban on same-sex marriage.

But now Mr. Obama — who has said he opposes same-sex marriage as a Christian but describes himself as a "fierce advocate of equality" for gay men and lesbians — is under pressure to engage on a variety of gay issues that are coming to the fore amid a dizzying pace of social, political, legal and legislative change.

Two of Mr. Obama’s potential Supreme Court nominees are openly gay; some advocates, irked that there are no gay men or lesbians in his cabinet, are mounting a campaign to influence his choice to replace Justice David H. Souter , who is retiring. Same-sex marriage is advancing in states — the latest to allow it is Maine — and a new flare-up in the District of Columbia could ultimately put the controversy in the lap of the president.

Mr. Obama’s new global health initiative has infuriated activists who say he is not financing AIDS programs generously enough. And while the president has urged Congress to pass a hate crimes bill, a high priority for gay groups, he has delayed action on one of his key campaign promises, repealing the military’s "don’t ask, don’t tell" rule.

Social issues like same-sex marriage bring together deeply held principles and flashpoint politics, and many gay activists, aware that Mr. Obama is also dealing with enormous challenges at home and overseas, have counseled patience.

But some are unsettled by what they see as the president’s cautious approach. Many are still seething over his choice of the Rev. Rick Warren , the evangelical pastor who opposes same-sex marriage, to deliver the invocation at his inaugural, and remain suspicious of Mr. Obama’s commitment to their cause.

In the words of David Mixner, a writer, gay activists are beginning to wonder, "How much longer do we give him the benefit of the doubt?" Last weekend, Richard Socarides, who advised President Bill Clinton on gay issues, published an opinion piece in The Washington Post headlined, "Where’s our fierce advocate?"

'They have a plan'The White House, aware of the discontent, invited leaders of some prominent gay rights organizations to meet Monday with top officials, including Jim Messina, Mr. Obama’s deputy chief of staff, to plot legislative strategy on the hate crimes bill as well as "don’t ask, don’t tell." Among those attending was Joe Solmonese, president of the Human Rights Campaign, who said afterward that while the gay rights agenda might not be "unfolding exactly as we thought," he was pleased.

"They have a vision," Mr. Solmonese said. "They have a plan."

What a difference Definitions Make