Judge Oversteps Authority in Don’t Ask Don’t Tell Ruling
(Harrisburg) — Yesterday’s decision by U.S. District Judge Virginia Phillips ordering the military to stop enforcing its Don’t Ask Don’t Tell (DADT) policy is beyond her realm of power, notes the American Family Association of Pennsylvania (AFA of PA). Her decision is yet another example of judicial activism.
“The United States Constitution does not give her or any judge the power to regulate the military or make its rules. Article 1, Section 8 gives that power to the United States Congress and no one else. The United States Supreme Court has recognized several times that the judiciary is the branch of government least qualified to make policy for the military,” commented Diane Gramley, president of the AFA of PA.
DADT is not the law; it is simply the convoluted policy of President Bill Clinton. The actual law clearly states, ‘There is no constitutional right to serve in the armed forces.’ (Section 654, Title 10, U.S.C., Finding No. 2)
The VFW and American Legion as well as the majority of Americans want to maintain the status quo and do not want a repeal of DADT. They recognize that allowing homosexuals to serve openly in the military will destroy unit cohesion and military readiness. The 1993 Eligibility Law codified long-standing Defense regulations. It includes fifteen “Findings” recognizing that the military is a “specialized society” and “Fundamentally different from civilian life.”
“The Obama Administration needs to appeal this outrageous decision. To overturn Don’t Ask Don’t Tell will place our military and our national security at risk. Congress needs to step forward and inquire as to why Judge Phillips has chosen not to defend the Constitution she swore to uphold. They need to step forward and protect our military from activist judges like Phillips,” Gramley noted.
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