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…because it is getting really confusing, as I tried to detail Wednesday night on the PBS NewsHour, along with Aubrey Sarvis of the Servicemembers Legal Defense Network, in a segment with Judy Woodruff. There’s a race now underway — will “Don’t Ask” die a merciful death, hospiced away under the Pentagon’s carefully thought-out strategy of troop training, or will a federal court instantly order it unconstitutional for good?
Strangely, it’s looking like both may happen soon, and near-simultaneously, ending the 17-year old law banning openly gay men and women from serving in the U.S. military. Regardless of where you stand on the ban’s merits, the fact that we may end up with the Congress, the Pentagon, the White House and the federal courts all agreeing the law should end can only be viewed as a convincing repudiation of the law and the policy it created.