Let's Settle 'Don't Ask, Don't Tell'

The Obama administration disappointed some advocates of allowing homosexuals to serve openly in the armed forces by appealing a federal court decision that would have eliminated the hypocritical "don't ask, don't tell" policy that now applies to gays in the military. It seems clear, however, that the administration's move, which was said to be a prelude to having Congress change the policy, represents a politically more desirable approach.

A policy changed by Congress is likely to appear more legitimate than one changed — however wisely — by a single judge.

It isn't difficult to sympathize with the Log Cabin Republicans and other gay-rights groups that have challenged "don't ask, don't tell" on constitutional equal-protection grounds and criticized the administration for its tactics, which sometimes have looked like a defense of the policy. If the policy really is unconstitutional, there's no excuse for maintaining it, as a growing number of military leaders agree.

On the other hand, a court challenge that ends up in the U.S.

Supreme Court will take at least a year to resolve. Congress could act sooner.

There are potential problems with the administration's strategy. Senate Republicans acted unanimously in September to block a provision in a defense policy bill that would have eliminated "don't ask, don't tell." With Republicans soon to be in control of the House of Representatives and having gained seats in the Senate, it may be impossible to get Congress to change the policy. The preferred tactic then would be to do so during the current lame-duck session.

Given that a goodly number of legislators lost their re-election bids Nov. 2 but remain in office until January, any lame-duck decision will suffer a deficit of perceived political legitimacy. Even so, any decision by Congress would be politically more palatable than a court ruling.

The "don't ask, don't tell" policy does not prevent gay people from serving. It just prevents them from serving openly. It is long past time to change it so that people who volunteer for military service do not have to dissemble about who they are. It would be politically preferable for Congress to change it, and the sooner it's changed, the better.

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