Is the proposal to repeal "Don't Ask, Don't Tell" Constitutional?
Where to start on this one? There are so many things wrong with this that it may take a little while to pull it all apart, so please bear with me.
First things first: Don't Ask, Don't Tell/Pursue is unconstitutional. Now, I know the Republicans out there are going to blow a gasket on this one, but if you want to rally around the Constitution when it suits your purpose (hello second amendment, with which I also agree), you have to show the same respect for the things you might not personally agree with. As odd as this may sound, my reasoning for this is the same as why I was against the attempt to recoup the bonuses paid to AIG employees. For those of you who don't understand why I didn't want to "get my money back from those evil capitalists who nearly flattened our banking system", it's called Article 1, Section 9 of the US Constitution. Article 1, Section 9 specifically places limits on Congress. Within Section 9, it states "No Bill of Attainder or ex post facto Law shall be passed. In the context of the Constitution, a Bill of Attainder is meant to mean a bill that has a negative effect on a single person or specific group of people. So, it is for this reason Don't Ask, Don't Tell is unconstitutional.
Now for those of us that have served in the military, there is also the Uniform Code of Military Justice (UCMJ) to take into account. There are various articles within the UCMJ that one could utilize to make the argument that gays in the military would be in violation of. I have one simple question to those people. Would a straight man or woman ever be prosecuted under those articles? If you're honest with yourself, you know the answer is no. The last time I checked, the 14th Amendment guaranteed equal protection under the law for all citizens of the United States.
To hopefully tie it up in a neat little bow for everyone, my final point. If a straight service member were to take advantage of their 1st Amendment rights and proclaim their love for their spouse, would they be discharged from the military? No. Forbidding a gay service member to exercise their 1st Amendment rights would amount to a violation of their 14th Amendment rights, would it not?
The repeal of Don't Ask, Don't Tell is COMPLETELY Constitutional.
The above is not a commentary on society or people's personal choices. The above is an item currently in the news. It also serves to show the hypocrisy that exists within our society. The above also illustrates that my belief and respect for our Constitution does not pander to any one political party, religion, person, or group. My belief lies in our founding documents and principles. If there are people within a political party that embody those beliefs, they will have my support. No party ever will.
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