A Question of Justice
In addressing the question of whether a church monument in a public park is a Free Speech issue or in violation of the Establishment Clause, the Justices grappled with several thoughtful hypotheticals including whether we should allow monuments to chocolate chip cookies or if we are required to add any president who wishes to be immortalized in rock to the façade of Mount Rushmore. Justice Stevens suggested that if we are required to allow such public displays, then perhaps the government is permitted to exclude the names of gay soldiers from the Vietnam memorial? Justice Scalia responded with, "It seems to me the government could disfavor homosexuality...just as it could disfavor abortion."
But Justice Scalia - Didn't the Court decide this one already when it overturned Bowers in Lawrence v. Texas? The government CAN'T simply decide to "disfavor homosexuality" and the government can no longer exclude patriotic Americans from serving their country simply because of their sexual orientation.
It's time to repeal "Don't Ask, Don't Tell" and take this issue off the table for good.
11-17-08 By Emily B. Hecht and Aaron Tax, SLDN Managing Attorneys |
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