Everyone's all atwitter at the Sarah Palin re-tweet of a pro-gay tweet.

"I think @SarahPalinUSA RT my tweet is her first comment on DADT, treatment of gays & attempts to marginalize us–thank you Governor."

The original tweet, from Tammy Bruce, was:

But this hypocrisy is just truly too much. Enuf already--the more someone complains about the homos the more we should look under their bed

"DADT dead-enders latch onto 'shower issue.'"

"Gay troops have been showering alongside straight troops for quite a while. The same is true of professional athletes, students at dorms with communal showers, and gyms across the country."

Yes, this is obvious.

Those who are harping on the shower issue have lost track of the pervasive reality that we can't know and can't police what is in another person's mind — and that people frequently think sexual thoughts. It's utterly routine to encounter people who are thinking about having sex with you. Sometimes these are people you would regard as acceptable sexual partners and sometimes they're not. So what? It's insane to let that bother you. If they don't say anything or do anything or act out in any way, it's nothing to us. If your ability to go about doing what you need to do is undermined by worrying about other people's sexual thoughts, then you are abnormal. It's ironic for the people who think homosexuals are abnormal to believe that heterosexuals are abnormal.

"No longer will tens of thousands of Americans in uniform be asked to live a lie..."

"... or look over their shoulder in order to serve the country that they love."

Says Barack Obama, signing the repeal of the odious Clinton-era legislation known as "Don't Ask, Don't Tell."

It's shameful that it's taken so long, and I have previously commented on Obama's lackluster efforts in this area. It remains to be seen how well he will do truly implementing the end to discrimination against gay people in the military, but today's signing is a step along the way, and it deserves acknowledgment.

The law will not actually change until the Pentagon certifies to Congress that the military has met several conditions, including education and training programs for the troops.

"In the coming days, we will begin the process laid out by this law" to implement the repeal, Obama said. Meanwhile, he cautioned, "the old policy remains in effect." But he pledged that all the service chiefs are "committed to implementing this change swiftly and efficiently," and he vowed, "We are not going to be dragging our feet to get this done."

I'll be watching those feet.

With the end of "Don't Ask, Don't Tell," where will the gay rights movement go?

The New York Times reports on a Media Matters project called Equality Matters.

It will be run by Richard Socarides, a former domestic policy adviser to President Bill Clinton who has been deeply critical of President Obama’s record on gay rights. A well-known gay journalist, Kerry Eleveld, the Washington correspondent for The Advocate, will leave that magazine in January to edit the new group’s Web site, equalitymatters.org, which is to go online Monday morning.

“Yesterday was a very important breakthrough,” Mr. Socarides said... “But we will celebrate this important victory for five minutes, and then we have to move on, because we are the last group of Americans who are discriminated against in federal law and there is a lot of work to do.”

Yes, there's the obvious issue of marriage, and one might want a federal statute forbidding employment discrimination.  All right. Fine. But let's look a little farther into the future and think about the political repercussions. What would happen to the gay rights movement if the specific discrimination ended and ordinary legal equality were achieved?

Right now, gay people look to the Democratic Party (and to judges appointed by Democratic Presidents) to get these basic rights. The Democratic Party gets a political advantage by looking like a repository of hope. But would gay people continue to favor Democrats if the Democrats actually followed through and satisfied those hopes? There'd be some gratefulness, but — unless Republicans succumb to the temptation to say mean things — wouldn't gay people melt into the general population and, from that point on, vote based on what they thought about economic policies, national defense, environmental issues and so forth? Achieving equality would liberate gay people in may ways, but one of those ways would be that they could vote for Republicans if they agreed with them about issues other than gay rights issues.

Ironic, no?

Congress repealed "Don't Ask, Don't Tell," but — look! — ooh! — It's a baby!

Here's the CNN home page a 11:46 p.m. EST, on the day that Congress repealed the odious old Clinton-era legislation:



So, a woman has a baby. That's the main thing. Secondarily, there's North Korea. And "Dont miss" the fact that C.S. Lewis is still popular, there's a lot of Christmas trash, and geeks are "cooler than nerds." In the fine print, the DADT repeal is listed under "Latest news," after a "moderate" earthquake in Indonesia and before the fact that it's been cold in Europe.

Screen shot by Chris Althouse Cohen, who asks "How can some woman giving birth vaginally two weeks ago be a bigger story than Don't Ask Don't Tell being repealed?"

Well, I think you nailed it. Key word: vaginally. Don't worry, America. Vaginas!

"Don't Ask, Don't Tell" clears the filibuster!

63-33.

UPDATE: The Senate votes to repeal "Don't Ask, Don't Tell," 65-31.

“We righted a wrong,” said Senator Joseph I. Lieberman, the independent from Connecticut and a leader of the effort to end the ban. “Today we’ve done justice.”

4 Senators did not vote. 3 Republicans — Bunning, Gregg, and Hatch. 1 Democrat: Joe Manchin. All of the no votes were Republican. Republicans voting yes were: Scott Brown, Burr (of NC), Susan Collins, John Ensign, Mark Steven Kirk (in Barack Obama's old seat), Lisa Murkowski, Olympia Snow, George Voinovich.

I don't like all this lame duck action, but I'm greatly pleased to see the awful old law repealed at last.

AND: John McCain raged, as Dana Milbank describes it:

McCain famously said in 2006 that he would support repeal once military leaders recommended it. Instead, he led the opposition to repeal. McCainologists in the Capitol speculate that on this and other issues he's driven less by policy consideration than by personal animosity....

On Saturday, McCain's rage was all the more striking because the general tone of the debate was tame. Republicans were mostly defensive, objecting not to the service of homosexuals in the military but to procedures and other technical matters. Sen. Saxby Chambliss (R-Ga.) said of the repeal: "Should it be done at some point in time? Maybe so, but in the middle of a military conflict is not the time to do it."...

When it came time for his closing argument before the day's key vote, McCain spoke for only a few seconds: "Today's a very sad day. The commandant of the United States Marine Corps says when your life hangs on the line, you don't want anything distracting. . . . I don't want to permit that opportunity to happen and I'll tell you why. You go up to Bethesda Naval Hospital, Marines are up there with no legs, none. You've got Marines at Walter Reed with no limbs."

McCain turned and, without another word, walked into the cloakroom.

"In the end, Marines in combat will treat sexual orientation the same way they treat race, religion and..."

"... one's stance on the likelihood of the Patriots winning another Super Bowl. I do not believe the intense desire we all feel as Marines to accomplish the mission and protect each other will be affected in the slightest by knowing the sexual orientation of the man or woman next to us.... I believe the reluctance many Marines feel about repeal is based on the false stereotype, borne out of ignorance, that homosexuals don't do things like pull other Marines from burning vehicles. The truth is, they do it all the time. We simply don't know it because they can't tell us."

Nathan Cox, an infantry captain in the Marine Corps.

"Obama Closes In on Big Wins in Lame-Duck Congress" — says the New York Times.

The home page looks like this:




At the link, the headline tones down the pro-Obama spin:

Could Lame Duck Be a Big Win for Obama Agenda?

Is President Obama on the verge of one of his most productive months in office?...

In the early hours of Friday morning, the president won passage of the $858 billion tax deal he reached with Republicans and he appears close to achieving approval of the landmark nuclear treaty he negotiated with the Russians. Both political parties have grudgingly agreed to do whatever is necessary to keep the federal government operating by approving an extension of the current budget authority into early next year.

And in something of a surprise, it appears there may be enough Republican support to provide Mr. Obama with a victory on a key promise: to repeal the military’s “don’t ask, don’t tell” policy that bars gay people from serving opening in the armed forces.

AND: By contrast, Politico:

Democrats concede budget fight to Republicans.

Senate Democrats abruptly abandoned an omnibus budget bill for the coming year, pushing major spending decisions into the next Congress and giving Republicans immense new leverage to confront President Barack Obama priorities.

But see Krauthammer:

Remember the question after Election Day: Can Obama move to the center to win back the independents who had abandoned the party in November? And if so, how long would it take? Answer: Five weeks. An indoor record, although an asterisk should denote that he had help - Republicans clearing his path and sprinkling it with rose petals.

The conservative gloaters were simply fooled again by the flapping and squawking that liberals ritually engage in before folding at Obama's feet....

And Obama pulled this off at his lowest political ebb...

Allowing gays to serve openly in the miliary "would not be the wrenching, traumatic change that many have feared and predicted," said Secretary of Defense Robert M. Gates.

At a news conference today, after the release of a 9-month Pentagon study. 

He said it was a “matter of urgency” that the lame-duck Senate vote in the next weeks to repeal the law.  If not, Mr. Gates predicted fights in the courts and the possibility that the repeal would be “imposed immediately by judicial fiat.”...

... Gates acknowledged the higher levels of “discomfort” about repealing the law among those in the combat branches of the military. He said that those findings remained a concern to him as well as to the chiefs of the service branches, but that the concerns were not insurmountable as long as any repeal was carried out carefully and with what he said was “sufficient time and preparation to get the job done right.”

"The Most Hilarious Piece You'll Ever Read About Gays in the Military."

Choire Sicha points at a really, really bad effort at satire:

D.C. comedy site "The Daily Caller" has a hilarious piece today, extremely Swiftian and sophisticated in its humor and irony! It is by a former Tennessee District Attorney, named Joe Rehyansky. It goes like this: "I have never encountered my eminently sensible proposal, one that protects the patriotic urges of some homosexuals as well as the national interest on the basis of 'force readiness' arguments which should govern the thinking of those charged with implementing the defense of our country: Lesbians should be allowed to serve, gay men (hereafter 'gays') should not."...

"President Barack Obama took steps on Wednesday to force a Senate vote on legislation that would begin to dismantle the military's 'don't ask, don't tell' policy..."

"... banning openly gay service members during the ongoing lame-duck legislative session, hosting a second White House strategy session with gay rights advocates and personally lobbying a key lawmaker who favors repeal of the ban."

I been worrying about the mischief the Democrats might make in the lame-duck session, but if this is the one they choose, I will be happy.

McCain on Don't Ask Don't Tell.

WaPo reports:

McCain (R-Ariz.), ranking member of the Senate Armed Services Committee, said Sunday that he did not think the Senate should lift the ban during the lame-duck session that begins this week.

"Once we get this study, we need to have hearings. And we need to examine it. And we need to look at whether it's the kind of study that we wanted," McCain said on NBC's "Meet the Press."

McCain, who had previously signaled a willingness to support the will of troops, also has mounted an effort to strip it from the defense authorization bill that sets Pentagon policy.

This statement comes after it has leaked out that the Pentagon study group conducted a survey of active-duty and reserve troops and a majority rejected the the idea that allowing openly gay people to serve in the military would have a negative effect. McCain seems to be gearing up to say it wasn't the right kind of study. I can understand thinking the study group was result-oriented in its research and that the lame duck Congress doesn't have the moral authority to make this decision, but it's sad to see McCain making this issue his legacy.

The Supreme Court leaves Don't Ask Don't Tell in place — with Kagan not participating.

The 9th Circuit stay on the order ending DADT will keep the policy in effect pending appeal. There were no dissenting opinions, and, most interestingly Justice Kagan did not participate:

While it was not a surprise that Justice Kagan had opted not to take part in the order, that was nevertheless a significant development.  It raised the prospect that, when the constitutional challenge reached the Supreme Court, the Justices might split 4-4 on it; that is always a risk when only eight Justices are taking part and the issue is a deeply controversial one.  Should the Ninth Circuit Court upheld [sic] the policy, that result would simply be affirmed; without an opinion, if the Justices were actually to divide 4-4 in reaction to it....

If it should turn out that Congress does not repeal the policy, despite the requests by President Obama and some of the Pentagon’s top civilian and uniformed officers, the constitutional challenge in the Log Cabin Republicans’ case would be the only potential way to end the policy, at least for several more years.

Are Cindy and John McCain in a serious marital breakdown over Don't Ask Don't Tell?

John Aravosis says:

John McCain is leading the filibuster against the "Don't Ask, Don't Tell" "repeal" legislation in the Senate (it's not an actual repeal, but we'll leave that for another time). Today, Cindy McCain joined a number of celebrities in a video about gay youth suicide and bullying. Mrs. McCain's part of the video condemned DADT and then accused our government of sending bullies a message that what they do is okay.

The woman basically accused her husband of sharing the blame for gay kids killing themselves.

I'm astonished. And impressed as hell.

Husband-wife teams work like that sometimes. It's not really evidence of a marital breakdown or even necessarily a real conflict at all. Try this exercise: Begin with the assumption that they are a partnership. Now, explain their behavior. Do you see how it makes sense? I sure do.

A 9th Circuit panel keeps Don't Ask, Don't Tell in place.

"[T]he public interest in ensuring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay...."

A liberal blogger confronts Barack Obama about gay rights... with tediously grim results.

I'm going to pick apart the transcript from Obama's big meetup with the liberal bloggers. The "Q" is Joe Sudbay of Americablog.

Q ... do you think that “don’t ask, don’t tell” is unconstitutional?

That's exactly what I would ask him. You may remember my dissecting his MTV townhall last week and showing you how evasive he was about that.

THE PRESIDENT: It’s not a simple yes or no question, because I’m not sitting on the Supreme Court. And I’ve got to be careful, as President of the United States, to make sure that when I’m making pronouncements about laws that Congress passed I don’t do so just off the top of my head.

See? Infuriating. He's the President. He took an oath to "preserve, protect and defend the Constitution of the United States" — "to the best of [his] ability." He won the Presidency in part because of his high achievement at Harvard Law School. He accepted responsibility for the U.S. military. His administration is fighting to defend DADT in courts. This issue didn't pop up yesterday, so his answer couldn't possibly be "just off the top of [his] head. He sure as hell better have an answer to the question. This preamble to his answer is therefore either a lie or an outrage.

I think that -- but here’s what I can say. 

Thanks for revealing that you know you are withholding what you really think.

I think “don’t ask, don’t tell” is wrong. I think it doesn’t serve our national security, which is why I want it overturned. I think that the best way to overturn it is for Congress to act. In theory, we should be able to get 60 votes out of the Senate. The House has already passed it. And I’ve gotten the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to say that they think this policy needs to be overturned -- something that’s unprecedented.

That's his canned answer, which was also served up at the MTV townhall. It's completely nonresponsive to the question. 

And so my hope and expectation is, is that we get this law passed. It is not just harmful to the brave men and women who are serving, and in some cases have been discharged unjustly, but it doesn’t serve our interests -- and I speak as Commander-in-Chief on that issue.

If you really believe it is that harmful and unjust, then how do you resist the conclusion, under the case law, that it is unconstitutional? Even at the level of minimal scrutiny, what is the rational basis for this law? You are saying — in so many words — that there is no rational basis, so why do you not conclude that it is unconstitutional? Are you lying when you intone your criticism of DADT, or are you lying when you purport to adhere to the sort of constitutional analysis that is done by the kind of people you nominate to be on the Supreme Court?

Are you trying to say you'd have joined Justice Scalia's dissent in Lawrence v. Texas? Here's Scalia: "What Texas has chosen to do is well within the range of traditional democratic action, and its hand should not be stayed through the invention of a brand-new 'constitutional right' by a Court that is impatient of democratic change. It is indeed true that 'later generations can see that laws once thought necessary and proper in fact serve only to oppress,'; and when that happens, later generations can repeal those laws. But it is the premise of our system that those judgments are to be made by the people, and not imposed by a governing caste that knows best." Hello? That's what Obama is saying about Don't Ask, Don't Tell.

Back to the transcript:

Let me go to the larger issue, though, Joe, about disillusionment and disappointment.

Oh, yes! The larger issue is how people feel about Barack Obama. Constitutional rights just aren't that large compared to the grand question of Me. And apparently Joe doesn't have the nerve to stop the President and point out that there has been no answer to the question. The President has called him by name and wants to talk about his feelings.

I guess my attitude is that we have been as vocal, as supportive of the LGBT community as any President in history....

But no other President directly inspired the hopes of gay people and won big support with promises like you did. You're not even saying that you're better than all those other Presidents, only that none of them were any better. Your support for "the LGBT community" is as good as George Washington's. Thanks a lot.

On “don’t ask, don’t tell,” I have been as systematic and methodical in trying to move that agenda forward as I could be given my legal constraints, given that Congress had explicitly passed a law designed to tie my hands on the issue.

Admit it: You love having your hands tied like that. Because you're fighting against a legal decision that deemed DADT unconstitutional! The rope of legislation was untied, and here you are begging for other judges to tie you back up again. Don't ask me to believe you don't love the bondage.

And so, I’ll be honest with you, I don’t think that the disillusionment is justified.

I'll be honest with you... Speaking of Don't Ask, Don't Tell. That's a "tell." He's lying. "I’ll be honest with you" means I'm about to lie to you.

Now, I say that as somebody who appreciates that the LGBT community very legitimately feels these issues in very personal terms. So it’s not my place to counsel patience. One of my favorite pieces of literature is “Letter from Birmingham Jail,” and Dr. King had to battle people counseling patience and time. And he rightly said that time is neutral. And things don’t automatically get better unless people push to try to get things better.

Speaking of time, he's really trying to run the clock out on this interview. He's also, I imagine, ashamed of what he finds himself needing to say. He wants to identify with King, but he knows he's on the wrong side of King when he asks gay people to wait longer. Obama sounds like an old man rifling through his memories for something relevant to say. He calls “Letter from Birmingham Jail" "[o]ne of my favorite pieces of literature" — as if it's all about him and people who are waiting for their rights to be recognized are fascinated by what pleasure reading he enjoys. Under the circumstances of this conversation, “Letter from Birmingham Jail” is or should be nagging at his conscience. ("Now is the time to lift our national policy from the quicksand of ... injustice to the solid rock of human dignity.")

So I don’t begrudge the LGBT community pushing...

Begrudge! That he would even think of that word suggests these people are annoying him!

... but the flip side of it is that this notion somehow that this administration has been a source of disappointment to the LGBT community, as opposed to a stalwart ally of the LGBT community, I think is wrong.

The short answer to Sudbay's original answer was: Don't Ask.

Q So I have another gay question. (Laughter.)

THE PRESIDENT: It’s okay, man. (Laughter.)

I am resisting typing curse words here. Look at Sudbay abasing himself. Now these rights he must care about are reduced to jocose "gay questions." Something to laugh at. There indeed was a time, and it was not too long ago, that the idea of gay rights itself seemed funny to people. And Sudbay allows himself to get pushed back toward that place. The President treats the remark as if it were an apology. He says "It's okay, man." Man. See? He's a cool guy. He's taming Sudbay.

Q And this one is on the issue of marriage. Since you’ve become President, a lot has changed. More states have passed marriage equality laws. This summer a federal judge declared DOMA unconstitutional in two different cases. A judge in San Francisco declared Prop 8 was unconstitutional. And I know during the campaign you often said you thought marriage was the union between a man and a woman, and there -- like I said, when you look at public opinion polling, it’s heading in the right direction. We’ve actually got Republicans like Ted Olson and even Ken Mehlman on our side now. So I just really want to know what is your position on same-sex marriage?

Another good question. Sudbay came prepared. Let's see if he lets Obama push him back again.

THE PRESIDENT: Joe, I do not intend to make big news sitting here with the five of you, as wonderful as you guys are. (Laughter.) But I’ll say this --

Q I just want to say, I would be remiss if I didn’t ask you this question.

THE PRESIDENT: Of course.

Q People in our community are really desperate to know.

Oh, don't beg, Joe. Don't apologize.

THE PRESIDENT: I think it’s a fair question to ask. 

That's big of him.

I think that -- I am a strong supporter of civil unions. As you say, I have been to this point unwilling to sign on to same-sex marriage primarily because of my understandings of the traditional definitions of marriage.

Check out those weird plurals: understandings of the traditional definitions. That's another tell. He is lying, I presume. His opposition to same-sex marriage is, quite simply and obviously, politically expedient. It is impossible for me to believe that Obama, coming from his academic background, is hung-up on the traditional definition — or "definitions" — of marriage. He's posing as a seeker of truth, slowly coming round.

But I also think you’re right that attitudes evolve, including mine. 

Attitudes? I thought he was into traditional definitions.

And I think that it is an issue that I wrestle with and think about because I have a whole host of friends who are in gay partnerships. I have staff members who are in committed, monogamous relationships, who are raising children, who are wonderful parents.

So is he saying that previously he had an attitude that was antagonistic to gay people and by extensive social contact with gay people, he came around to perceiving them as fully human? I just don't believe that. And if I did, I would think less of him.

And I care about them deeply. 

You know, your position on the rights of others should not depend on whether they are your friends. That's not the way law works. People have rights whether you care about them or not. And rights don't spring into existence because you care about the people who want them.

And so while I’m not prepared to reverse myself here, sitting in the Roosevelt Room at 3:30 in the afternoon, I think it’s fair to say that it’s something that I think a lot about. That’s probably the best you’ll do out of me today. (Laughter.)

Laughter. Oh, it's so lovely sitting with the President in the Roosevelt Room. Something that I think a lot about. Men have thought more clearly in jail.

Later, the conversation comes back to DADT, and the President intimates that he will try to push its repeal during the lame duck session of Congress. He makes an effort to shift the blame to the Republicans, especially John McCain, and he indicates that it will be a problem getting the votes for cloture. (He loves that problem, I'll bet. It's so helpful to appear to want to act and have your hands tied.)

He wonders why the Log Cabin Republican are pursuing their court case, when they could instead try to get a few Republican Senators to vote for repeal. He says he doesn't "understand the logic of" using the courts when you could go to Congress, but of course he does. People conceive of their equality in terms of their individual rights — which don't depend on the support of political majorities and supermajorities. As a Harvard-trained lawyer and sometime law professor, he knows that. He knows why people go to courts. I don't buy his understanding of the logic. Or should I say his understandings of the logics?

‎"Did I mention I'm fighting against your constitutional rights in court?"

(The quote that is the post title was written by my son Chris as he posted this video on Facebook.)

Ted Olson says: "It would be appropriate for them to say 'the law has been deemed unconstitutional, we are not going to seek further review of that.'"

I agree.

"It happens every once in awhile at the federal level when the solicitor general, on behalf of the U.S., will confess error or decline to defend a law," said former George W. Bush administration solicitor general Ted Olson, who is leading the legal challenge of California's ban on same-sex marriage. Gov. Arnold Schwarzenegger and the state attorney general have both declined to defend the law in court.

"I don't know what is going through the [Obama] administration's thought process on 'don't ask, don't tell'...."

He doesn't know, but I bet he has some ideas. He's too dignified to tell. But I think we know.

Hillary says: Don't kill yourself.

I can only imagine the impression this makes on a young, gay person who actually is suicidal. I'm old, heterosexual, and an immense fan of staying alive. But I can't see why would it would help to hear this dreary, robotic intonation of conventional advice from a representative of an administration that is fighting, in courts, against the rights of gay people to serve in the military and to marry.

ADDED: "Tomorrow will be better"... that's the message. I note the red dress. Why not:



AND: I think that song really makes you want to stay alive. Look:



There's so much room for personal taste. To each his own. For love partners and for things that stimulate the will to live.

"Pentagon tells recruiters they can accept openly gay and lesbian recruits, following 'don't ask, don't tell' court ruling."

CNN reports "Breaking News."

ADDED: Here's the article:

The recruiters were told that if a candidate admits he or she is openly gay, and qualify under normal recruiting guidelines, their application can be processed...


The notice also reminded recruiters that they have to "manage expectations" of applicants by informing them that a reversal of the court decision might occur, whereby the "don't ask, don't tell" policy could be reinstated...

So then they'd kick you right back out again. You'll have given them the evidence to do it. I wonder how many people will take advantage of this strange option. It will, I think, make it harder to revoke the policy, so it is perhaps altruistic for a gay person to sign up now and be honest. Obviously, you can also "not tell" and hope for the best.