are cheering Tuesday's decision by a federal judge in conservative Riverside, California, to order an immediate end to the military's discrimination against gay service men and women. The Justice Department has not yet said whether it will appeal the order, which applies to the U.S. military worldwide, but already many supporters are calling on President Obama to let the ruling stand. Once again, the President finds himself outflanked by activists, this time Republican gay activists who sued to stop Don't Ask, Don't Tell and who keep winning in federal courts even as Obama himself struggles to keep his promises to end discrimination against gays.
Choosing not to appeal carries big risks, and not just for the President. It's true that most Americans support an end to the military's discrimination against gays and lesbians. And it's true that the House has already passed a bill repealing Don't Ask, Don't Tell (though the Senate has so far refused to follow suit). And yes, appealing would mean going to court to defend a law the President has himself denounced as unfair and wrong. But if Obama does not appeal, it's likely that no one else would have standing to do so. The result would be that a single trial judge would then set policy for the entire country on a question of fundamental importance - a situation that the Administration perceives would be an uncomfortable one for a substantial number of Americans
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