It’s a good week to be gay. A few days after the Supreme Court strikes down California’s ban on gay marriage, a Federal Appeals Court has now told the military that they can’t just discharge someone because they are gay.
the Supreme Court’s opinion in the Texas case changed the legal landscape, the judges said, and requires more scrutiny over whether “don’t ask, don’t tell” is constitutional as applied in individual cases.
“Don’t ask, don’t tell,” as weak as it was, might have been a necessary step toward actual equality in the military. It was implemented around 1993 (anyone know?). But it is 2008 now (this I’m certain of) and “don’t ask, don’t tell” is a tainted reminder of old prejudices. The policy is akin to the “separate but equal” laws that was an attempt by racists to ameliorate those who hated racism, while still cling to their disdain for colored folks.
This ruling is a death-knell for the “don’t ask, don’t tell” policy. It’s good news for everyone, regardless of their orientation.