Congress Has Power to Bar Homosexuals from Military, Says Observer

Congress Has Power to Bar Homosexuals from Military, Says Observer --
Not the Courts

Congress Has Power to Bar Homosexuals from Military, Says Observer --
Not the Courts



(AP) - A Michigan-based military watchdog says she's not surprised that
openly homosexual Congressman Barney Frank intends to once again try to
push through legislation aimed at repealing the ban on homosexual men
and women serving in the military. But she also doesn't think the new
liberal-led Congress will go along with it.

Elaine Donnelly, president of the Center for Military Readiness (CMR)
in the Detroit suburb of Livonia, says she was recently watching a
television news program featuring the Massachusetts lawmaker. The
self-identified homosexual, she says, offered up comments about
legislation to repeal the law that was passed in 1993 barring
homosexuals from military service.

"I don't think even the Democratic establishment would try to do that,"
she offers. "There's been some legislation in the hopper for a number
of years; it has some sponsors. It's not going anywhere."

Donnelly is convinced the Democrats realize there would be considerable
political consequence if the ban were lifted during their watch. "I
don't think that this Congress, as shifted to the left as it is now,
would attempt to do that," she states. "If they did, the American
public would be appalled ...."

Other avenues, however, might be considered, she says. "That's why you
have a group of people here, trying again to go into the federal courts
to get the courts to do what they could not do legislatively," says
Donnelly. "And that is, to impose the homosexual agenda on the armed
forces of the United States."

The CMR leader is referring to a case called Cook v. Rumsfeld, which
was thrown out by a federal judge in April but has been appealed by the
homosexual plaintiffs -- a legal action that has been joined by 14
retired military leaders who have filed briefs on the plaintiffs'
behalf. Donnelly says the political leanings of those joining in the
appeal are obvious.

"These are people from the liberal left," she explains. "The fact that
some of them have military background really is of no consequence
because the court rightly ruled that Congress certainly had the right
and that it is constitutional to have policies that exclude homosexuals
from the military."

Donnelly points out that the courts have historically deferred
judgments like this to Congress. "And I think it's unlikely that an
appeals court would overturn what a Massachusetts federal court has
already done - and that is, to uphold the statute that was passed in
1993 with overwhelming bi-partisan majorities," she says.

Despite the claims of these 14 retired military leaders, Donnelly
states, homosexuality is clearly not compatible with military service
-- and the ban should remain in place, she adds.

Congress Has Power to Bar Homosexuals from Military, Says Observer --
Not the Courts