A federal judge, U.S. District Judge Virginia Phillips who resides in – stand by – California, issued an injunction that declared the military’s “don’t ask, don’t tell” policy unconstitutional last Friday. She has indicated, according to Fox News, that is going to issue a nationwide order that stops the ban. My question is, “why do we have such ignorant judges serving in our courts?”

This is an interesting ruling that will hurt gays serving in the military far more than the military’s policy. You see, the military so-called “Don’t ask, Don’t Tell” policy actual violates federal law as it is. But, in doing so, it protects gays’ privilege (can’t find anywhere in the constitition that makes military service a right to ANYONE) to serve in the military – albeit not openly. It allows gays to serve in violation of Public Law No: 103-160 which specifically prohibits “homosexual conduct or activity in the armed forces” and “requires separation from the armed forces for such conduct or activity.”

The Don’t Ask, Don’t Tell policy allows gays to serve as long as they don’t tell anyone they’re gay and also prohibits military personnel from inquiring about one’s sexual deviations. The only way military personnel can be prosecuted under the policy is by violating the “SAM” standard (Statement, Act, Marriage). They can’t state they are gay, perform a gay act in public, or engage in a homosexual marriage where legal.

By issuing an injunction against the DADT policy, the judge is effectively removing the protections afforded to gays serving in the military. The policy protected them against UCMJ action just for being gay if they didn’t violate the SAM standard. Once the DADT policy is abolished, the military MUST follow the letter of the law which states:

- “Section 8 of article I of the Constitution of the United States commits exclusively to the Congress the powers to raise and support armies, provide and maintain a Navy, and make rules for the government and regulation of the land and naval forces.”

- “There is no constitutional right to serve in the armed forces. “

- “Military life is fundamentally different from civilian life…”

- “The standards of conduct for members of the armed forces regulate a member’s life for 24 hours each day beginning at the moment the member enters military status and not ending until that person is discharged or otherwise separated from the armed forces.”

- “Those standards of conduct, including the Uniform Code of Military Justice, apply to a member of the armed forces at all times that the member has a military status, whether the member is on base or off base, and whether the member is on duty or off duty.”

- “The worldwide deployment of United States military forces, the international responsibilities of the United States, and the potential for involvement of the armed forces in actual combat routinely make it necessary for members of the armed forces involuntarily to accept living conditions and working conditions that are often spartan, primitive, and characterized by forced intimacy with little or no privacy.”

- “The prohibition against homosexual conduct is a long-standing element of military law that continues to be necessary in the unique circumstances of military service.”

- “The armed forces must maintain personnel policies that exclude persons whose presence in the armed forces would create an unacceptable risk to the armed forces’ high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.”

- “The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.”

The homosexual exclusion law passed by both houses of Congress in 1993 with veto-proof, bi-partisan majorities. This wasn’t a partisan, Conservative vote. Frankly, I’m sick and tired of the law that prevents homosexuals from serving in the military as being a “military” policy. It’s LAW!! If anything, gay “rights” advocates should be hailing the military’s efforts in circumventing the law and allowing them to serve at all.

Besides, gays have the same rights as hetersexuals. I have a right to marry a woman, they the right to marry a woman. My counterparts simply CHOOSE to marry someone of the same sex. They can’t marry a same sex partner and neither can I. There are no rights I have that they don’t.

In a weird twist, the Obama administration – the same administration fighting for repeal of the law – is trying to stop the judge from issuing the injunction.

“This filing in no way diminishes the president’s firm commitment to achieve a legislative repeal of DADT — indeed, it clearly shows why Congress must act to end this misguided policy,” White House Press Secretary Robert Gibbs said in a statement e-mailed to The Associated Press.