Jane Harman: “I was encouraged when the U.S. District Court for the Eastern District of New York concluded on Thursday that the core…”

“I was encouraged when the U.S. District Court for the Eastern District of New York concluded on Thursday that the core of the Defense Department's don't-ask, don't-tell policy is unconstitutional. Judge Nickerson is right. At least twice on this floor in the previous Congress, Mr. Speaker, I stated my belief that the ban and the Clinton administration's don't-ask, don't-tell policy violate the equal protection clause of the 14th amendment, the rights of free speech and assembly under the first amendment and the ninth amendment right of privacy. This debate is still far from over. Over the weekend, Speaker Gingrich said the House will again review this policy. He is making a mistake on the merits and on the politics. On the merits he is wrong because reinstating the ban is unconstitutional. On the politics he is wrong because the momentum of the first 100 days will quickly unravel as divisive social issues, like the gay ban, abortion rights, and school prayer are revisited. Mr. Speaker, it is not easy to look the Joint Chiefs in the face and tell them how we think they should organize their forces and enforce the military chain of command. But it is time to recognize that gays and lesbians have always been a part of the military and that they have performed their duties with diligence, patriotism, and honor.”