Is Don’t Ask, Don’t Tell Bad Constitutional Policy?
“I will not attempt to discover whether legislation is “needed” before I have first determined whether it is constitutionally permissible. And if I should later be attacked for neglecting my constituents’ “interests,” I shall reply that I was informed that their main interest is liberty and that in that cause I am doing the very best I can. – Barry Goldwater”
It is often said that Republicans want the government to stay out of your pocketbook, but legislate and restrict what you can do in your personal life, and Democrats want the government to stay out of your personal life, but they very much so want involved with your personal budget and finances. This of course is not always the case and there are exceptions to every rule. Right now there is a bill going through the Senate regarding gay rights. Two Maine Republicans have the choice of going along with the traditional Republican Rule or standing alone as the exception.
The year was 1993 and President Bill Clinton became an exception to the rule when he passed a law known as “don’t ask, don’t tell” which prohibited homosexuals from openly serving in the military. The law simply said that, if you are a gay man or woman in the military, you can not come out of the closet, and if you are serving and believe one of your brothers in arms is gay, you can’t bring them into question. Clinton’s logic behind the passage of this bill was that heterosexuals would be uncomfortable bunking with and or changing in front of another soldier who may have a wondering eye. They said allowing gays to openly serve would be like allowing straight men to bunk with and change with woman as the chances of soldiers breaking out in a game of peek-a-boo was just as likely. This legislation outraged the gay community as now they were discriminated against in the military, saying that heterosexuals could openly serve while they could not.
There is at this time a growing number of people who are pushing for a repeal of don’t ask, don’t tell. In fact there is a bill in the Senate and the Democrats pushing it need 60 votes today to pass it along to the president that will officially repeal Clinton’s policy. Two Senators who can make or break the bill are Susan Collins and Olympia Snowe who reside in the New England state of ME. So yesterday, Monday, September 20, 2010, Lady Gaga, a well known recording artist who’s sexuality is questionable to many, traveled to Portland, Maine to deliver a speech in what she referred to as ‘Snowe’s and Collins’ backyard’. Gaga was joined with thousands of protesters and several military personnel who were discharged for coming out of the closet while in service. Their hope is to persuade the two Senators to cast their vote in favor of their legislation, that Gaga refers to as, “If you don’t like it, go home!” Gay rights advocates believe their efforts are promising as Collins recently voted in a committee to repeal the don’t ask don’t tell policy, but she has said she is not sure how she will vote today.
So where should the conservatives stand on this policy? I for one, as an individual not currently affiliated with either party am of the crazy belief that, it would be fancy if the government just stayed out of both my wallet and my bedroom. Is that too much to ask? Now I do understand that, don’t ask, don’t tell is different from banning homosexual activity. I also understand that allowing gays to openly serve does open a can of worms as I believe its safe to say there’s more men in the military who would be uncomfortable changing in front of a gay person than there are actual gays in the military. Which is why I also don’t agree completely with Gaga’s policy of “If you don’t like it, go home!” I don’t think an all gay military would be a good defense, as our numbers would be low. Something can be done though to satisfy the gays and the straights. But banning open gay service is not the answer. This may not be the traditional Republican stance but it is no doubt the Conservative one. Don’t believe me? Lets rewind time back a bit and listen to what Mr. Conservative himself, Barry Goldwater had to say on the topic,
“You don’t have to be straight to be in the military; you just have to be able to shoot straight.”
Goldwater knew this because as a Constitutionalist he knew that there is no Constitutional mandate that requires soldiers to be straight. The only task military personnel have is to uphold the constitution and be physically qualified to perform the task at hand, which yes, includes shooting straight. My hope is that Collins and Snowe go against the grain today and vote no, to government sponsored discrimination and yes to individual liberties.










This is a tough issue, but I think if you repeal this the military will dwindle in size until we do have an almost exclusivly gay millitary. I hate to agree with Bill Clinton on anything, but this is one law that should stay as is.
Nate, thanks for the input. The problem with don’t ask don’t tell is it works backwards. Goldwater was one of the best senators America has ever seen, this is because he voted first with the constitution and then with the need. This article begins with the quote, “I will not attempt to discover whether legislation is “needed” before I have first determined whether it is constitutionally permissible.” When Clinton passed d.a.d.t. he first determined that it was needed, since he discovered that it was he disregarded the constitutionality of it. If he had looked in the constitution for issues regarding gays in the military he would have found no such clauses and would have thrown it out. The problem we get into in justifying legislation that is needed and disregarding the constitution we allow the liberals to do the same thing. Millions of Americans “need” health care and so they try to pass legislation accordingly without first determined whether it is constitutionally permissible. If we over look the constitution this once, we cant complain when liberals do the same thing. There are problems associated with the notion Gaga speaks of, “If you don’t like it, go home!” so we should look at other constitutional measures to prevent a straight military walk out, such as gay and straight shifts for bunking and changing. Let generals make these calls, I am sure they know whats best for their men better than congress or the president does.
“gay and straight shifts for bunking and changing” – that’s where you are loosing me. They don’t need those in any of the other countries that allow open service, why do you think that should even be an option? In the UK open service is allowed for a decade now with no problems, why do you think US army boys are less able to deal with honesty than British troops? What’s with all the fear I read on every conservative blog?
Christopher thanks for adding your thoughts. I don’t have any problem with gays openly serving in the military as my post states very clearly. “Bunking and changing shifts” was my response to Nate’s fear (not of gays changing in front of straights in the bunkers) but that some military personnel might be uncomfortable with it and leave. Make no mistake; any “conservative” blog adamantly opposed to gays openly serving in the military is no conservative blog. It’s a neo-con blog. I don’t know why people fear people would leave the military if d.a.d.t. was repealed, probably because we have not seen it repealed. And people are naturally afraid of the unknown.
Thanks for responding. I meant the comments on conservative coverage specifically, like the one above. I previously read through the whole comment section of the WSJ editorial on this and it’s almost unanimous in opposition to a change with even users who identify as former soldiers (with name, pic, and everything) thinking this will break the army. Perhaps that has more to do with the nature of comment sections and who is motivated enough to leave a comment but it left an impression on me.
Yeah, I think most people could honestly care less, so they don’t comment on such stories. The few that do care enough to have an opinion are usually heterosexuals who are uncomfortable in their own sexuality, or people like Nate, who are under the impression that much of the military would walk out in protest, as a result of the comments that are made and the few who are vocal about it. D.A.D.T. is in no way a conservative policy!
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