In the latest addition on the “don’t ask, don’t tell.” policy, Defense Secretary Robert M. Gates has issued a memo which says that one of the three relevant service secretaries has to consult with the Pentagon’s legal counsel and the undersecretary for personnel before reaching a conclusion as to the dismissal of a homosexual serviceman. This would seem like practical ban to the discharge of its openly gay members. The gay rights activists reacted very mildly to the memo saying that this is not the solution to the problem. Till this memo was released this decision was in the hands of junior military and civilian officials.
The Pentagon is accused of dragging their feet in the issue of stopping the discrimination. The President, who made a public announcement that his hands were tied regarding the overthrow of the policy also reassured the public that he still feels that the policy is discriminatory and should be ended. However, the Pentagon is moving at its own slow pace on determining the best way to go about abolishing the 17 year old policy. The main arguments of the federal lawyers have all along been that the ban on the policy would affect the morale of the troops who are fighting battles far away from home on foreign shores.
Earlier this month, Federal District Court Judge Phillips had decided that the law was unconstitutional in a case filed by the Log Cabin Representatives. She ordered the ban of the policy which does not allow openly homosexual people to serve the military forces. The government lawyers had gone to the Court of Appeals following Judge Phillip’s denial to give a stay. The higher court, however, obliged them and has granted them temporary stay during which according to the memo issued by Gates, gay or lesbian servicemen may be discharged after consultation of senior officials.
