Robert Knight

As the nation lurches back toward well-founded suspicion of big government, the ruling elites are putting the pedal to the metal against the moral foundations.

In a matter of months, three liberal federal judges struck down California’s constitutional marriage amendment, the Defense of Marriage Act (DOMA), and the military’s law barring homosexuality. Why mess around with legislators when federal judges can create havoc with the stroke of a pen?

Sometimes just the threat of a wacko liberal ruling is enough to drive policy. That seems to be the reasoning behind Defense Secretary Robert Gates warning Congress to homosexualize the military before the courts do it. He said it would be disruptive if a court acts, so Congress should order up the lavender tanks instead.

I don’t recall a single reporter asking Gates why, if ending the policy by court order would harm the military, it would be less disruptive if done by the lame-duck Congress? Gates himself hinted at the answer: training (i.e. brainwashing) could begin earlier. Think about that. Troops drawn from America’s heartland will be “trained” to appreciate sodomy—or else. Wonder if they’ll break out those little Maoist dunce caps while they’re at it?

The military keeps ducking bullets in the Senate. A procedural vote on the policy failed to overcome a Republican filibuster on December 9—just barely. But Harry Reid, Susan Collins and Joe Lieberman seem determined to jam it through in a separate bill.

White House press secretary Robert Gibbs warned before the vote: “Either Congress is going to solve this legislatively, or the courts are going to solve this. The policy is going to come to an end.” Who cares if the Pentagon’s recent survey showed that Army and Marine combat troops overwhelmingly oppose lifting the policy?

Despite the treachery still being hatched in the Senate, most of the dirty work to redefine morality as bigotry has been initiated in the courts.

It was a California federal judge, Virginia Philips, who struck down the military’s law in Log Cabin Republicans v. United States of America (could any case be more aptly titled?). She then issued a dictum to the entire armed forces here and abroad to make bases gay-friendly. Before the Ninth Circuit issued a temporary halt to her order, Obama’s Pentagon suspended the policy, then made it more difficult to enforce.

Meanwhile, on Dec. 6, a three-judge panel of the U.S. Ninth Circuit Court of Appeals heard arguments in Perry v. Schwarzenegger, the challenge to California’s Prop 8 marriage amendment. A ruling is expected within three to 12 months. The case will then go to the full Ninth Circuit or directly to the U.S. Supreme Court.

Robert Knight

Robert Knight is an author, senior fellow for the American Civil Rights Union and a frequent contributor to Townhall.