The network news outlets give little or no attention to the historical ruling of California judge, Virginia A. Phillips' decision when she struck down former President Bill Clinton's 1993 policy that bars lesbian, gay, bisexual, transgender, and queer (LGBTQ) service members from the military.
In her ruling on the unconstitutionality of the military's ban on gays and lesbians serving openly in the armed forces, judge Phillips wrote, "In order to justify the encroachment on these rights, defendants faced the burden at trial of showing the 'Don't ask, don't tell' act was necessary to significantly further the government's important interests in military readiness and unit cohesion. Defendants failed to meet that burden."
The DOD announcement signals the seriousness of President Obama's commitment this year to ending the military's ban on gays serving openly in the armed forces. The judge's ruling, in addition to support from some Republican senators and commitment from Sen. Joe Lieberman, I-Connecticut, seems to have prompted the Department of Defense (DOD) Secretary Robert Gates to ordered the report to be released November 30, instead of the originally planned December 1, date.
On Sunday, Pentagon spokesman Geoff Morrell said the report will be release a day earlier than planned, "to support Congress's wish to consider repeal before they adjourn." Sen. Lieberman and Sen. Susan Collins, R-Maine, had sent a letter to Gates earlier last week requesting he send the analysis to Congress sooner to allow more time for consideration of the report ahead of a vote. Last Thursday Morrell replied by stating the Pentagon has no intention of releasing the report early.
From every indications, it appears that as of today's date, there are enough votes in the U.S. Senate to proceed on repealing "Don't Ask, Don't Tell" (DADT) – a law that allows homosexuals to serve in the armed forces only if their sexuality remains secret. Senate Majority Leader Harry Reid's stated commitment to have a vote before the end of the current session of Senate this year. Lieberman said at least two Republicans, Sens. Susan Collins of Maine and Dick Lugar of Indiana, indicated they would vote to take up the defense bill if there is a "fair and open amendment process." And a spokesman for Sen. Lisa Murkowski (R-Alaska) said she may support the bill if a host of conditions are met. But it is clear that there is not enough time for the Senate to debate and vote on the matter in a brief, end-of-year session.
Anticipating some pressure from fellow Republicans and some change-of-minds, it remains uncertain that the legislation would have enough votes to pass the DADT after they return from their break. Several leading Republicans, including Sen. John McCain, have said they oppose lifting the ban. Some are skeptical of Sen. Joe Lieberman as he is known for switching his vote just like Sen. John McCain and the Republicans.
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