On September 20th the 18-year military ban on homosexuals known as “Don’t Ask, Don’t Tell” will finally get the boot. But that hasn’t stopped the Log Cabin Republicans from trying to get the 9th U.S. Circuit Court of Appeals to declare the law unconstitutional as well. Why do they bother? Well, the one of their reasons rhymes with “Michele Bachmann.”
If elected President, Mrs. Bachmann has promised to re-instate “Don’t Ask, Don’t Tell.” But if a federal court declares the law “unconstitutional,” then it would prohibit any future leader of the U.S. from instating an anti-gay military ban because it would violate, y’know, the U.S. Constitution.
Also Log Cabin Republican attorney Dan Woods says that “declaring the law unconstitutional would also provide a legal path for thousands discharged under the policy to seek reinstatement, back pay or other compensation for having their careers cut short.”
The real question then becomes why Obama’s Department of Justice is trying to have the case thrown out. The DOJ says it’s because the September 20th repeal should render the case moot. But we says it’s probably because Obama doesn’t want the headache of dealing with the over 14,500 service members discharged over the anti-gay law.