Wednesday, October 13, 2010

It's Not Over

US District Judge Virginia Phillips ruled yesterday that DADT is unconstitutional and that all discharges of gay servicemembers must stop immediately.

Good news, right? Great news?

Well, there are some hitches, as always, on the path toward equality.

US Department of Justice attorneys have 60 days to appeal, though legal experts say the department is under no obligation to do so and could let Phillips' ruling stand. 

But, and this is where it gets dicey, and this is where we need to focus.

If Democrats lose seats in the upcoming elections, repealing the ban through Congress could prove even more difficult--if not impossible--next year. 

So, while we take a moment to cheer Judge Phillips' ruling, we must still be aware of the roadblocks ahead. And if there was ever a reason to vote Democratic this November, this is it.

3 comments:

Will said...

It doesn't matter what Congress does as long as the court decision is not appealed and/or upheld on appeal. Congress can't overruled the courts on matters of constitutionality.

Bob said...

Well, that was my concern, Will, that the decision will be reversed upon appeal, and then we'd have to wait for Congress to do something, since Obama promised, and then reneged, on ending it.

Wonder Man said...

hopefully this will be resolved soon