DADT Overcome by Courts?

While the Pentagon works their way through overhauling DADT, the US Federal Courts are having their own say in the matter.

Defense Secretary Robert Gates acknowledged in congressional testimony recently that the Pentagon must devise "new rules and procedures" in response to the San Francisco-based 9th Circuit's decision.
At issue is a ruling in the case of an Air Force major from Washington state who was dismissed from the military after she was found to have been in a lesbian relationship.
The court ruled that for a gay service member's discharge to be constitutional, the military must demonstrate that the firing promotes cohesion or discipline in the unit.
That is a much higher standard than what has been practiced since the "don't ask, don't tell" policy took effect in 1993: The military simply has to show that the person has engaged in homosexual activity, made statements about being gay, or tried to marry someone of the same sex.
The two standards represent a thorny issue for the Armed Forces, and military brass are keenly aware of the dilemma.
The military branches say they haven't changed how they go about issuing "don't ask" dismissals in the states covered by the 9th Circuit — Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
But if the military is found to have been discharging people within the 9th Circuit without applying the higher standard, it could be forced to pay punitive damages in federal court, some lawyers say.
Furthermore, if the military cannot demonstrate a gay member's discharge would hurt the unit, that person might end up serving openly — even as others around the globe continue to be discharged.

All it's going to take is one court on another circuit varying slightly with this ruling and then it'll have to go before the Supreme Court, otherwise the Federal law is going to mean different things in different places, and that's sooooooooo not good.

By: Brant