Texas Tech Expert: Don’t Ask Don’t Tell Policy is an Anachronism

Federal judge Virginia Phillips issued an injunction Oct. 12 that immediately stopped enforcement of the military’s “don’t ask, don’t tell” policy, suspending the 17-year-old ban on openly gay U.S. troops. Her landmark ruling also ordered the government to suspend and discontinue all pending discharge proceedings and investigations under the policy. Richard Rosenis a professor and director of Texas Tech’s Center for Military Law and Policy.  Because he handled challenges to the policy in the early 1980s in the federal courts, Rosen can speak to the history of the policy.  He is generally familiar with recent cases.  “I believe the district judge and 9^th Circuit have it wrong about a heightened standard of review.  I also believe that a federal judge is not in a position to overrule Congress’ determination on the issue,” Rosen said. “Having said that, I also believe that the policy is probably an anachronism, and Congress and the President should seriously consider its appeal.” Rosen can be reached at (806) 742-3990 ext. 303, or at richard.rosen@ttu.edu. View his expert’s profile. Find Texas Tech news, experts and story ideas at www.media.ttu.edu.