California Hearts Lesbian Pilots

The Ninth Circuit has reinstated a gay Air Force Major's suit against the service for being discharged under "Don't Ask Don't Tell."  I'm feelin' it.

The opinion declares that, in light of Lawrence, cases involving sexual orientation must get some level of heightened scrutiny--but not strict scrutiny.  Which means that the District Court will get to make one up!  I can't wait to see which adjectives they'll decide really nail down the precise meaning of what they're trying to say.  "Substantial?"  "Compelling?"  "Exceedingly persuasive?" Ever since Brennan straight up invented that shit out of whole cloth in Craig v. Boren courts have been contorting themselves to apply "intermediate scrutiny" without making every word in the English language mean the same fucking thing.

What makes the Ninth Circuit opinion super awesome is that it lets us see just how absurd the DADT rules are.  The policy states that soldiers can be canned if they "engaged in, attempted to engage in, or solicited another to engage in a homosexual act or act."  Fine.  Smokin' pole on the base ain't allowed.  But the policy allows for lots of exceptions!  Like Rule 1(a): "unless such conduct is a departure from the member's usual and customary behavior."  Or 1(e): "unless the member does not have propensity or intent to engage in such acts."  So, if, like, you have a totally hot one-time tribbing session with this cutie from the other squadron, but you're not really a lesbian, no sweat!

Even better is Rule 2, which says you can be booted from the service for declaring yourself gay or bi.  Unless, of course, the military formally finds that you are not, actually, gay.  In which case you're set, and get to stay in!

The DADT rules simply clusterfuck the whole status/conduct, identity/activity problem that everybody runs up against when the law gets involved with sexual orientation.  The military's complaints about morale, unit cohesion, etc. are the purest bullshit.  They can ban all the sexual activity they want on bases or on duty--I don't want the guy at the switch sneakin out for a quick one, either.  But this pogrom of identities, of who you are in your own life--Maj. Witt's longterm relationship was investigated based on an anonymous tip--has gotta stop.

Getting gays into the military is Objective 234(b) of The October Protocol.