Naturally the ruling by a federal judge yesterday that “Don’t Ask, Don’t Tell” is unconstitutional is a positive thing.
The case was originally filed in 2004, it’d be a major embarrassment for Obama’s Justice Department to pursue it further in an appeal (and now that the case has been decided they have no technical obligation to defend it).
If Obama says anything other than that “I always said this policy was unconstitutional and now a federal judge has agreed,” he’d lose major credibility on the issue.
Moreover, this makes two major gay rights victories by federal judges in a span of just a few months. At a time when we had been hoping that more equality would be restored by the legislative branch, it looks like judges are still the easiest route to take (which is a shame because their decisions are most easily overturned when compared to legislative and ballot proposition routes). Oh well, at least there’s (hopefully) an imminent victory here in Illinois on the legislative front, with the governor and others saying that “the votes are there” for at least civil unions created by the state legislature.