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05-14-09
An Act of Congress Is More Binding
Reposted (originally ran May 3)
Aubrey Sarvis is the executive director of the Servicemembers Legal Defense Network, a nonprofit policy and legal organization working to end "don't ask, don't tell."
In 1993, Congress declared that it was O.K. to fire members of the armed forces because they're gay.
But times have changed: a majority of the American people want this discriminatory law gone, and a solid majority of the younger generation of service members who served in Iraq and Afghanistan don't see the big deal with serving with gay people.
If an executive order were issued, the next president could come along and wipe it away.
Congress, and only Congress, can repeal the law, and it should do so cleanly. This is no time to entertain legal theories, interim or temporary solutions - like President Obama's issuing an executive order under his national security umbrella.
If an executive order were issued, not only would there be an unnecessary and distracting showdown with the legislative branch, the next president could come along and wipe it away. Moreover, repeal by an act of Congress, coupled with a non-discrimination policy for the military, is the only sure-fire way to protect against future employment discrimination in the ranks based on sexual orientation.
But some Congressional supporters of repeal - incorrectly thinking that "don't ask, don't tell" is still the hot potato it was the 1990s - are sitting on the sidelines. They haven't heard from the president lately on the subject, and they want to know where he stands before they act.
To show where he stands, President Obama should cut "don't ask, don't tell" from the defense budget he will be submitting to Congress shortly. It takes money to discharge and replace service members kicked out under the law. Trust me, Congress will get the message.
New York Times: SLDN Doesn’t Support Executive Order
An Act of Congress Is More Binding
Reposted (originally ran May 3)
Aubrey Sarvis is the executive director of the Servicemembers Legal Defense Network, a nonprofit policy and legal organization working to end "don't ask, don't tell."
In 1993, Congress declared that it was O.K. to fire members of the armed forces because they're gay.
But times have changed: a majority of the American people want this discriminatory law gone, and a solid majority of the younger generation of service members who served in Iraq and Afghanistan don't see the big deal with serving with gay people.
If an executive order were issued, the next president could come along and wipe it away.
Congress, and only Congress, can repeal the law, and it should do so cleanly. This is no time to entertain legal theories, interim or temporary solutions - like President Obama's issuing an executive order under his national security umbrella.
If an executive order were issued, not only would there be an unnecessary and distracting showdown with the legislative branch, the next president could come along and wipe it away. Moreover, repeal by an act of Congress, coupled with a non-discrimination policy for the military, is the only sure-fire way to protect against future employment discrimination in the ranks based on sexual orientation.
But some Congressional supporters of repeal - incorrectly thinking that "don't ask, don't tell" is still the hot potato it was the 1990s - are sitting on the sidelines. They haven't heard from the president lately on the subject, and they want to know where he stands before they act.
To show where he stands, President Obama should cut "don't ask, don't tell" from the defense budget he will be submitting to Congress shortly. It takes money to discharge and replace service members kicked out under the law. Trust me, Congress will get the message.
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