The Ban on Gays in the Military - The New York Times

The Supreme Court’s refusal this week to hear a challenge to the ban on homosexuals serving openly in the military is not much of a legal setback. The court did not address the merits of the case, and another lawsuit still moving through the courts may be a better vehicle for challenging the benighted policy.

Even so, relying on a conservative court to make things right would be a gamble. Unfortunately, neither President Obama nor Congress shows much appetite for moving to end a ban that is not only unfair to gay men and lesbians but damaging to the military as well.

The “don’t ask, don’t tell” policy was hatched in 1993 as a compromise after President Bill Clinton failed in an attempt to overturn an existing ban on gay service members. The awkward compromise limited the military’s ability to ask service members about their sexual orientation (don’t ask) and allowed homosexuals to serve provided they kept quiet about their sexual orientation (don’t tell) and refrained from homosexual acts.

The ostensible rationale was that the known presence of gay men and lesbians would undermine morale and unit cohesion, but as it turned out, the policy caused its own kind of damage to military readiness. Thousands of service members have been discharged from duty at a time when the military is stretched by wars in Iraq and Afghanistan. The loss of highly skilled interpreters and intelligence analysts has been especially damaging.

President Obama said during the campaign that he would work to overturn the ban, but he has made no move beyond asking the Pentagon to assess the implications. Military leaders seem cool to lifting the ban, but we hope they do a fair and honest job. Members of the military and of the general public are much more receptive to the notion of accepting gays than they were in 1993.

Advocates for gay soldiers believe that the administration, on its own, has the authority to prevent the discharge of gay people, perhaps by issuing “stop-loss” orders such as those used to keep troops serving past their original commitments in Iraq — many unwillingly. How much better to use the power to prevent the loss of gay service members eager to keep serving.

President Obama should see if there is indeed any action he could take on his own while awaiting the military’s assessment. In the end, it will be up to Congress to root out “don’t ask, don’t tell” by overturning the law that brought it about.