Repeal an unfair law

Monday, Sept. 20, 2010 | 2:05 a.m.

“Don’t Ask, Don’t Tell,” the federal law that bans openly gay and lesbian individuals from serving in the U.S. military, represents a terrible policy that has caused more than 13,000 men and women to be discharged. There is certainly no legitimate military reason to prevent Americans from helping defend our country based simply on sexual orientation. No convincing evidence exists to suggest that our readiness to confront the enemy would be compromised because a member of a unit happens to be gay or lesbian.

The Senate this week will be asked to overturn this 1993 law as part of its consideration of a military spending measure. The House did its part by voting to repeal the law in May, and we believe the Senate should quickly do likewise.

Standing in the way in the Senate are Republicans such as Senate Minority Leader Mitch McConnell of Kentucky, who whined last week that the Democrats are using the Defense Authorization Act to “manufacture controversy.” McConnell said his preference is for the military to complete a study about whether the law can be repealed “without hurting combat readiness.”

But, as U.S. District Judge Virginia Phillips of California ruled this month, the law is not only unconstitutional but it is also does not further the government’s “important interests in military readiness or unit cohesion.” If anything, she said the law contributes to troop shortages and therefore harms military readiness. There is ample evidence that forcibly discharging these soldiers has robbed the military of fighter pilots, Arabic translators and many other essential specialists.

Senate Majority Leader Harry Reid, an advocate of repealing the law, deserves credit for attaching that proposal to the defense bill. He could have taken the easy road during an election year and ducked the issue. But we send senators to Washington to make tough decisions and Reid, a Nevada Democrat, has shown repeatedly that he is more than up to that task.

The list of current and former military officials and civilian Pentagon leaders who back repeal of the law is impressive. It includes retired Gen. Colin Powell, who was chairman of the Joint Chiefs of Staff at the time “Don’t Ask” became law. As reported in February by The Washington Post, Powell had initially supported the law but later changed his mind because of the increased acceptance of gays and lesbians in society. Powell said at the time: “Attitudes and circumstances have changed ... Society is always reflected in the military. It’s where we get our soldiers from.”

Powell, among others, also has pointed to polls that show a majority of Americans favoring repeal of the law. Congress also received a letter from 51 retired generals and admirals and a former Army secretary who expressed support for repealing the law.

It is wrong for the military to force out of service thousands of able gay and lesbian soldiers who are honorably serving their country. Asking a certain segment of the military to hide behind their sexual preferences is a form of discrimination that runs counter to the American values we cherish.