'Don't ask' case gains traction from '03 ruling

Homosexuality, one of the most controversial topics presented in the United States perhaps. In 2003 there was a Supreme Court case to help the Military’s policy “don’t ask, don’t tell” succeed. However, last month U.S. District Court Judge Virginia A. Phillips in California proposed "don't ask, don't tell" is unconstitutional. This decision was after a trial that attacked the policy because it bans openly gay service members based on a high court ruling that struck down a Texas law. The case was known as Lawrence v. Texas. Dan Wood, a Log Cabin Republican challenging the law said, "We filed the case in the first place because we thought Lawrence changed the legal landscape.” In the Lawrence decision, the Supreme Court ruled 6-3 in 2003 that privacy rights allow people to privately engage in gay sex.

The in a 1986, 1993, and 1995 case are more clear than the Laurence Decision. "Lawrence established that Americans have a constitutional right to engage in private, consensual homosexual conduct ‘Don't ask, don't tell' infringes on that right, punishing individuals who engage in that constitutionally protected activity." Mr. Woods said during his closing argument. Gay rights have increased since this policy was put in place. “President Obama has repeatedly expressed opposition to "don't ask, don't tell," which has put his administration in the awkward position of defending a law it opposes.”(Article). In 2008, the 1st U.S. Circuit Court of Appeals in Massachusetts ruled the Lawrence decision applies only to sexual activity between consenting adults and is therefore too narrow in scope to overturn the policy.

Government has important cases such as these daily. This policy specifically is controversial and causes debate between two groups of people. The Supreme Court has upheld cases for the “don’t ask, don’t tell law”. This makes someone wonder, is homosexuality a right? Is it okay to be homosexual yet private about it in the Military? These questions are often brought up. The government has a hard time deciding what a “right” is when it is not spelled out for them in the constitution. This case shows how officials can lean one way and others another. It makes for a hard decision. This case will continue until settled with an understanding from both sides.

Some of the comments made in this article struck me as useless. Does it really matter if you are in the military or not? Homosexuality is simple homosexuality. Why does this policy only cover people in the Military? It should be the same for every job and every situation if they are going to have this policy. It seems pointless to obtain it to one group. This is a rising issue, with more and more court cases. We need to settle this issue so as a country we can focus on more important things. It should not be effecting the people in our military and our country so much and so constantly.

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