Patrick McCormick
Oct 15, 2010
Congress voted on May 27th, this year to end the ban; nothing has happened, was that more of the same? What are our elected officials afraid of? Someone needs to answer.
President Obama has publicly stated his opposition to “Don’t ask, Don’t tell”, it was one of his campaign planks (click on President Obama's pic at right side of blog). Now he has the opportunity to end this wholesale discrimination by allowing the court injunction to stand unimpeded. For some reason, he appears to be wavering.
To complicate matters, his party is involved in a contentious mid-term election, Democrats may lose control of both houses. The President has every reason to keep his campaign promises and rectify, by his own admission, an admittedly unjust situation. He would capture a large number of gay voters for his political party by doing so. On the surface, it is a “Slam dunk”, Democrats need votes desperately, gays get to serve in the military.
Logically, the only reason President Obama would attempt to thwart this injunction is simple; he is seriously against it. If he proceeds to fight the Court Order, it means he misled gay Americans in order to get their votes. It’s that simple.
Another fact to consider is the Constitutional powers granted the President. They say, “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” I submit that as Commander in Chief, the President can order a change in military policy without the consent of Congress, the Courts or his Generals. Our President appears to be dodging the issue.
All citizens are entitled to equal protection under the law. I must add that allowing one group to perform an action while prohibiting another from performing that same action is selective enforcement and is not Equal Protection under the law. To single out that same group for prosecution or punishment is Selective Prosecution; also illegal. Embedded in our Constitution, these rights are part of the equality guaranteed by that great document to US.
The President, all federal office holders, appointed or elected, and the members of all branches of the military take an oath to uphold and defend the Constitution against all enemies, foreign and domestic. The denial of equality and other civil rights of any citizen, or selective group of citizens, are acts that openly defy our Constitution, not defend it. It cries out, “Hypocrisy”.
I am not writing this because I am gay; I am not. I am writing as a concerned citizen. If this, or any, American Administration assumes the authority to selectively deny equal rights to any group of citizens, it can deny Constitutional rights to US all whenever it chooses to do so.
The United States was created to be a Government of the People, by the People and for the People. The People own the government. Elected Officials work for the People and it is their duty to serve US equally. Thomas Jefferson advised US that there would be times Freedom would have to be fought for again. This is one of those times.
Someone needs to ask President Obama, “Are we all equal citizens of the United States of America, or are there limitations to equality. Are some of US actually more equal than others”?
Article first published as Is President Obama Set to Renege on Campaign Promise to Military Gays? on Technorati.
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