Filibustered!

Filibustered!

It is incomprehensible as to how a legislative body, faced with the necessity of repealing a law that is declared unconstitutional, does not do so. And yet, yesterday Senate Democrats were unable to gather enough support to break a Republican filibuster against a bill that includes a proviso to overturn Don't Ask Don't Tell, the military policy limiting the service of gay soldiers that was recently ruled unconstitutional by a federal judge. Though Democrats courted the support of Maine Republican Susan Collins, who, rhetorically, is in favor of Don't Ask Don't Tell's repeal, Collins did not vote for cloture in the end, along with a handful of Democrats.

However, this legislative battle is unnecessary. Don't Ask Don't Tell was originally created through a presidential edict during the Clinton administration. Therefore, President Obama, as Commander-in-Chief of the military, could simply dissolve the policy. At the very least, President Obama could place a stay on Don't Ask Don't Tell, stopping soldiers from being actively discharged from military service until Congress reaches a policy agreement. President Obama has declared his support for the revocation of the policy, as have a majority of his military advisors, including Secretary of Defense Robert Gates.
President Obama has the means to and the political climate conducive to repealing Don't Ask Don't Tell. Between the military and policial leaders condemning Don't Ask Don't Tell and socially prominent figures, like Lady Gaga, leading an offensive against the policy, President Obama should have no political reason not to repeal the policy.
This fight is not about how Republican- and some conservative Democrat- elected officials feel about gay marriage. It is not about any mislead fears they might have about soldiers spreading "the gay", as Rachel Maddow calls it. It isn't even about public opinion about gay marriage or Don't Ask Don't Tell. This is one of those issues where public opinion shouldn't have much weight. Don't Ask Don't Tell is a fight over the most basic of American principles, equality. It is about one party fighting for equality and the other blocking it. It is not just unequal to bar gay soldiers from service, it is against everything that any fight for equality in America has stood for. 

[photo credit: cnn.com]