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...Obama Administration, in its brief in the case last month, said a lower court acted properly in upholding the gay ban. "Applying the strong deference traditionally afforded to the Legislative and Executive Branches in the area of military affairs, the court of appeals properly upheld the statute," argued Elena Kagan, who as Solicitor General represents the Administration before the Supreme Court. The bar on gays serving openly is "rationally related to the government's legitimate interest in military discipline and cohesion," her 12-page filing added...

Author: /time Magazine | Title: Dismay Over Obama's 'Don't Ask, Don't Tell' Turnabout | 6/9/2009 | See Source »

...commissions to try purported terrorists, and declining to release a second batch of photographs depicting alleged U.S. maltreatment of Iraqi detainees. His stance on "Don't ask, don't tell" may be more surprising, because Obama aides have made clear the President wants the ban lifted eventually. (Watch a gay marriage wedding video...

Author: /time Magazine | Title: Dismay Over Obama's 'Don't Ask, Don't Tell' Turnabout | 6/9/2009 | See Source »

Pietrangelo doesn't buy the line from Obama aides - and the Pentagon - that they're too busy grappling with a faltering economy and two wars to handle the gay ban right away. "It's a complete lie that he has too much stuff on his plate - this is the guy who criticized Bush for not being able to multitask," Pietrangelo says. "We have an old saying in the military - the maximum effective range of an excuse is zero meters...

Author: /time Magazine | Title: Dismay Over Obama's 'Don't Ask, Don't Tell' Turnabout | 6/9/2009 | See Source »

Pietrangelo and others argue that Obama has leeway under the law that codified "Don't ask, don't tell" after the 1993 outcry when Bill Clinton tried to allow gays and lesbians to serve openly. The President, they say, could instruct the Secretary of Defense, who has the sole power to carry out the law, to make investigations a rarity, so that "Don't ask, don't tell" simply does not function. Indeed, Obama could tell the Pentagon that, as a general matter, it is not in the best interest of the armed forces to expel a service member solely...

Author: /time Magazine | Title: Dismay Over Obama's 'Don't Ask, Don't Tell' Turnabout | 6/9/2009 | See Source »

...Obama also has some ammunition that Clinton never had: a new Gallup poll finds that most conservatives - 58% - now support openly gay people serving in uniform (nationally, 69% support the change; when Clinton assumed office, a Gallup poll found 53% of those polled opposed lifting the ban). Perhaps even more surprising, 58% of self-described Republicans, and 60% of weekly churchgoers, also support gay men and women serving openly in uniform. "While the Administration to date has not taken action on the issue," the polling firm reported last Friday, "the Gallup Poll data indicate that the public-opinion environment favors...

Author: /time Magazine | Title: Dismay Over Obama's 'Don't Ask, Don't Tell' Turnabout | 6/9/2009 | See Source »

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