Quote:
Originally Posted by bb4_96
My qualm isn't with don't ask don't tell. IMO who gives a shit at this point. My concern is that we are declaring parts of military law unconstitutional. Once you've set that legal precedent you have opened a very serious can of worms. You can't just say oh well that was don't ask don't tell thats different.
By declaring don't ask don't tell unconstitutional you open the door to saying anything in military law that is unconstitutional can be declared so. I just don't think this is the right way to modify the UCMJ.
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Well, that is not entirely true. DADT is a civil rights issue. UCMJ must not violate the civil rights of the members of the military. The constitution is the foundation for everything. I am by no means any expert on UCMJ, but with that said, everything in it must fall within the constitution. Just because there is a contention on whether something violates the constitution does not mean it actually does. The military has plenty of lawyers that make sure the UCMJ falls within the governing laws for each issue.