    On September 22, 1862, President Abraham Lincoln issued the Emancipation Proclamation. Is history about to repeat itself?
    Lincoln drafted the Emancipation Proclamation during the summer of 1862. He showed it to no-one but his cabinet. Most of them disapproved of it – they advised him against taking this radical step of freeing the slaves - but Lincoln told them that he was going to do it anyway and that he was only asking their advice as to wording and timing of the announcement. Secretary of State William H. Seward advised Lincoln that the Proclamation was more likely to be favorably received after a military victory – that to issue the Proclamation at a time that the northern army was losing in the field would smack of desperation.
    The long-awaited military victory came at Antietam on September 17, 1862 - on that date the Union Army repulsed General Lee's attempt to invade the North in the bloodiest day of fighting America has ever seen. Five days later Lincoln released the preliminary Emancipation Proclamation, stating that as of January 1, 1863, all slaves held in rebel territory "are, and henceforward shall be, free." The Proclamation was not issued pursuant to statute, nor was it issued under the President's power to enforce the law. Rather, it was a war measure – an exercise of the President's power as "Commander-in-Chief of the Army and Navy of the United States."  Lincoln stated that the Proclamation was being issued:
by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion ….
As the chief military commander of the United States Lincoln was seizing the property of the rebels in order to cripple their ability to wage war against the United States.Â
    In the final Emancipation Proclamation issued on 1/1/1863, Lincoln added another paragraph welcoming blacks into the armed forces:
And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.
    As the war progressed the assistance of black soldiers and seamen became indispensable to the Union victory. Lincoln repeatedly challenged his critics that if they did not like the Emancipation Proclamation that they should take the place of black soldiers in the line of battle. On August 26, 1863, after Union victories at Gettysburg and Vickburg, Lincoln said:
    Peace does not appear so distant as it did. I hope it will come soon, and come to stay; and so come as to be worth the keeping in all future time. It will then have been proved that, among free men, there can be no successful appeal from the ballot to the bullet; and that they who take such appeal are sure to lose their case, and pay the cost. And then, there will be some black men who can remember that, with silent tongue, and clenched teeth, and steady eye, and well-poised bayonet, they have helped mankind on to this great consummation; while, I fear, there will be some white ones, unable to forget that, with malignant heart, and deceitful speech, they have strove to hinder it.
    Which brings us to recent events in Pakistan. When President Obama came to office we were not winning in Afghanistan – we may even have been losing in our fight against the Taliban – because they had a safe haven and a base of operations in neighboring Pakistan. It was the same situation we were in during the Vietnam War. We could not win in Vietnam because we could not invade the enemy's base of operations in the North. If we had sent our armies into North Vietnam, Russia and China would also have committed forces there, and that would have triggered World War III. Similarly, last year it appeared that we could not beat the Taliban and al-Qaeda because we could not send armed forces into Pakistan, and targeted bombing can only weaken, not defeat, a sufficiently numerous enemy.  What has changed in recent weeks is that the Pakistani army and intelligence services seem finally to have concluded that the Taliban and al-Qaeda are enemies of the Pakistani government and they have moved against them in force. Taliban leaders are being captured and killed. Coupled with our superiority in the air the Taliban is doomed, and al-Qaeda with it.
    I predict that before the end of 2009 Osama bin Ladin will be captured or killed, and that five days later President Obama will announce concrete steps to repeal Don't Ask – Don't Tell and the Defense of Marriage Act to welcome gays and lesbians into the armed forces on an equal basis. At present federal law requires gays and lesbians to separate from military service if they reveal an intention to engage in homosexual behavior. One provision of DADT actually requires their separation from service if they become married. The law states:
 A member of the armed forces shall be separated from the armed forces ⦠if ⦠the member has married or attempted to marry a person known to be of the same biological sex.
    Furthermore, DOMA, another federal statute, prohibits the federal government from recognizing the validity of same-sex marriages. Even if DADT is repealed and married gays and lesbians are allowed to serve openly in the armed forces, they will not be eligible for spousal benefits such as health insurance and housing allowances. Accordingly to achieve real equality among members of the military it will be necessary to repeal DOMA as well, at least as it applies to military families.
    Victory over al-Qaeda will lead to great rejoicing in America and will immeasurably strengthen President Obama's political standing and his influence as military commander. He will not have the legal power, like Lincoln did, to undo discrimination by executive order – both DADT and DOMA are federal statutes – but he can and should place the entire prestige of his office behind ending federal discrimination against gays and lesbians, and he should do so for the same reasons that Lincoln gave. It will make our armed forces more effective and our nation stronger. And to those who oppose allowing gays and lesbians to volunteer to risk their lives for our country, Obama can say – take their place!
{ 3 comments }
Prof. Huhn,
While I appreciate your analogy and hope for the day when DADT and DOMA are no longer the law of the land, it seems to me that President Obama's actions on gay rights will differ from President Lincoln's actions on slavery. DADT and DOMA are Congressional acts, and as such require action by Congress to repeal them, whereas, as you mentioned, Lincoln repealed slavery by executive order pursuant to his power as Commander-in-Chief.
I know that President Obama can do a great deal as agenda-setter, and even in light of capturing Osama Bin Laden, it seems to me he would have to exert a great deal of political capital in convincing Congress and the American public that these two laws should be struck down. Much polling data indicates that a slim majority of Americans now favor equal rights for gays and lesbians, but President Obama would face a very vociferous and organized minority opposition. Depending on how effective his economic policies have turned out and the ensuing battle over health care reform, the President may need this political capital elsewhere.
Quite a prediction Professor….
"I predict that before the end of 2009 Osama bin Ladin will be captured or killed, and that five days later President Obama will announce concrete steps to repeal Don't Ask – Don't Tell and the Defense of Marriage Act to welcome gays and lesbians into the armed forces on an equal basis."
I honestly hope the Professor's prediction comes true. In any event, it could be the basis for a great action thriller on the big screen. Imagine this…. a courageous band of non-heterosexuals forms an underground combat team that infiltrates the bad guys' camp and wipes out the evilest meanies on the face of the Earth. In the closing scene, dying heroes will be united as married couples, via satellite phone, by a grateful Commander in Chief.
Isn't it sad that it COULD take a desperate act of patriotism before some of us realize that love of country is not dependent upon whom we love???
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