Equal justice for all: the gay rights tide has turned

The fight to keep homosexual Americans from enjoying the full rights of citizenship is over; the opposition is giving up.  A federal judge has enjoined the Pentagon from enforcing the “don’t ask don’t tell” policy anywhere in the world, and the expected reaction to that news was…nowhere to be heard.

Sure, hard-core haters had their say, but I’m struck by just how quiet it has been.  At the risk of fanning the flames, I’d say it looks like the usual suspects in the anti-gay effort have finally run out of steam, perhaps because it’s so clear that courts are going to enforce the Constitutional protections that have been denied to homosexuals.

First, the DADT (ugh!) policy is a crock and it should be repealed; it should never have been imposed.  Was anyone really in favor of a regulation that permitted gays to remain in the service unless they were discovered?  How in any important way is that any different than the old system, where gays were discharged when they were discovered?

The law’s days are clearly numbered.  Although the Justice Department asked the judge not to halt enforcement of the law while it prepares an appeal, the president has promised to get rid of the law—and Congress almost did so earlier this year!

The secretary of defense and the chairman of the Joint Chiefs favor repeal of DADT, but they want to go slow.   Excuse me, gents—why?  Because it would force an immediate change to benefits or buildings, or protocols for social events?  That’s why you want to wait until an internal review is completed, in a month a half?  Really?

I never understood the argument that allowing gay people in the service to be open about their sexuality would hurt morale (and hurt it even worse in time of war, or wars).  I don’t believe that most men and women in the armed forces are so closed-minded and prejudiced on this topic, because I don’t think most Americans outside the military are, either.

Think about the reality of the situation: if DADT has legally cleared the way for gays to serve since 1993, then people in the military have had at least since then to get used to the idea that gays are there: to get used to the idea that they don’t leer at you in the shower or rape you in your bed, at least not in any greater numbers than heterosexuals do those things; to get used to fighting next to them in a shooting war, and to know that they can be brave and trustworthy comrades, at least to the same extent that heterosexuals can be.

We can proclaim not to understand why people are homosexual, or embrace a religious belief that homosexual activity is a sin, but none of that matters in a tolerant, secular, civil society.  The experts can’t say why a person is sexually attracted to one gender or the other.  And it violates the rights of due process and free speech guaranteed to each American in the Constitution to treat someone differently because of their sexual orientation just as it would to treat them differently because of their gender or their ancestry. 

The tide has turned.  Homosexual activity is no longer illegal.  If you read or watch Ted Olson’s argument as presented on Fox News in August, the same argument he made in the California court case, you can see that the case for gay marriage will prevail.  States are giving up trying to stop homosexuals from adopting children.  Republican political strategists recognize that opposing gay rights is a long-term losing proposition.  One officer discharged under DADT has successfully sued to be reinstated in the Air Force.

You don’t have to “understand” gay people any more than you have to “understand” people of a different race or a different religion.  You only have to understand that these people are Americans like you, who believe in American rights like you do, who want to enjoy American freedoms like you do, who support our country with their work and their taxes like you do, and who want the opportunity to serve to protect this way of life, just like you do.