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Obama Considering Evasion of Law on Gays in Military

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May 11, 2009
RightSideNews.com

On the May 10 Sunday ABC News program "This Week," host George Stephanopoulos aggressively questioned President Barack's National Security Advisor James Jones on the issue of homosexuals in the military.  Following news of congressional and military resistance to Obama's position on the issue, Stephanopoulos suggested that Obama should try to circumvent the law by suspending enforcement.

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Elaine Donnelly, President of the Center for Military Readiness issued a statement in response, "Any presidential order or Defense Department directive disregarding the law, handed down for reasons of political expediency, would constitute a serious, perhaps irreparable breach of faith with men and women who volunteer to serve.   An imperious presidential challenge to congressional authority on a matter as important as this would erode relationships and good will, and give rise to constitutional questions.  History shows that in conflicts with Congress, presidents do not win."

In the interview, Stephanopoulos asked Jones what he would say to more than 1,000 Flag and General Officers for the Military, including 50 retired four-stars, who recently released a statement expressing their professional judgment in support of the 1993 law.  That law, Section 654, Title 10, differs from Bill Clinton's "Don't Ask, Don't Tell" administrative policy because it states that homosexuals are not eligible to serve in uniform.

The high-ranking officers' Open Letter, delivered on March 31, respectfully asked the President and Members of Congress to recognize this issue "as a matter of national security," and to "oppose any legislative, judicial, or administrative effort to repeal the law."  The list of retired Flag & General Officers for the Military personally signing the Open Letter has since increased to 1,134, including 50 four-star officers.

 Donnelly noted, "If Obama issues an order suspending enforcement of the law, it would be perceived by the troops and the nation as an evasion of his oath to ‘faithfully execute the office of the President of the United States.'  Having taken this oath, presidents do not get to pick and choose which laws to enforce and which to ignore.  Congress is now on notice, and members are not likely to accept presidential circumvention of a law that protects our military, a statute that federal courts have upheld as constitutional several times."

Donnelly cautioned President Obama that he should not take advice from civilian gay activists and former Bill Clinton policy advisor Stephanopoulos, who had been largely responsible for the "Don't Ask, Don't Tell" fiasco in 1993.

She added, "If President Obama ignores the respectful recommendations of the retired flag officers and devotes more attention to civilian gay activists, he will inadvertently weaken bonds of trust that must exist between a Commander- in-Chief and the troops he leads.  Military experts call this ‘vertical cohesion,' an essential element of military culture that is as important for morale as ‘horizontal cohesion,' the bonds of trust among military personnel who rely on each other for survival."

The questioning of former Marine General Jones followed the admission by openly gay Congressman Barney Frank (D-NY) in a recent interview with Roll Call that advocates of gays in the military do not have sufficient votes to repeal the law.


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The Center for Military Readiness is an independent public policy organization that specializes in military personnel issues.  More information is available at www.cmrlink.org.


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