"Don't Ask, Don't Tell" is like one of those fancy printed envelopes that never stick. You know you have righteous on our side, you have the support of the people, the courts are coming down on our side yet we can't manage to close the deal. Congress is very unlikely to act on "Don't Ask, Don't Tell" before recess and even less likely to do so after recess. Three of the Democratic Senate seats that are in jeopardy (Colorado, Illinois and Delaware) would take office immediately and if all three went Republican we could be down to 55 votes.
Last week we could rejoice at the court ruling as a result of a Log Cabin Republican law suit that declared that "DADT" is unconstitutional. Once again, a key LGBT civil rights issue has been thrown into the lap of the President and his Justice Department. So far we have been devastatingly disappointed by their responses to our judicial victories. There is a cry wide and far, which I join, for the President not to appeal this case. Our enthusiasm for such a solution is fueled by the fact that neither Governor Arnold Schwarzenegger nor Attorney General Jerry Brown appealed the Proposition 8 court case.
However, there might be an innovative and politically intriguing new solution to putting an end to "Don't Ask, Don't Tell" once and for all. What if President Obama, instead of appealing the Federal Court decision, simply asked the Federal Court for six months to effectively abide by the court ruling? The implementation of the court order then would be supervised by the court, taking this political football outside of the legislative process until the military completed their offensive report. The court would enforce the decision, avoid any unseemly delay and it would put an end to all of it. In the process, since the outcome is certain anyway, the President could issue a stop loss order.
Now, I am not a lawyer and my brilliant legal friends might find reasons this could not be done. On the surface of it, this just might be the solution. What do you think?