Tuesday marked the one week anniversary of the court-ordered death of Don't Ask, Don't Tell. And, as the New York Times reported Wednesday, "The United States military, for the first time, is allowing its recruiters to accept openly gay and lesbian applicants." This was not some gracious gesture: Dan Woods, lead attorney for the Log Cabin Republicans in their historic lawsuit, warned the Justice Department that they risked contempt of court if they ignored Judge Virginia Phillips' permanent and worldwide injunction against enforcement of DADT - an injunction she upheld Tuesday that the DOJ appealed on Wednesday to the 9th Circuit Court of Appeals.
Meanwhile, the week without DADT saw no mass exodus from the military or any of the other dire "consequences" Sec. Gates warned would happen if DADT was immediately ended. In fact, ironically, during this week LCR Executive Director R. Clarke Cooper, a Captain in the Army Reserve, was on Active Duty Training at Fort Huachuca in Arizona. He told The Times that the reaction was a "giant shoulder shrug of 'so what?' "In fact, "a few [of the young] people actually thought repeal had already occurred."
So now, as The Advocate's Kerry Eleveld points out, President Obama, a constitutional scholar, has said that DADT is "discriminatory" and "harms national security" - but hasn't said whether he believes the law is unconstitutional. Obama also said he favors a congressional repeal and told an MTV audience recently that he thinks the votes are there in the Senate to repeal DADT as part of the larger national defense appropriations bill.