Judge: Military's Ban on Gays Is Unconstitutional

[jacksmar]

This was settled a long time ago.

March 14, 1778:

At a General Court Martial whereof Colo. Tupper was President (10th March 1778), Lieutt. Enslin of Colo. Malcom's Regiment [was] tried for attempting to commit sodomy, with John Monhort a soldier; Secondly, For Perjury in swearing to false accounts, [he was] found guilty of the charges exhibited against him, being breaches of 5th. Article 18th. Section of the Articles of War and [we] do sentence him to be dismiss'd [from] the service with infamy. His Excellency the Commander in Chief approves the sentence and with abhorrence and detestation of such infamous crimes orders Lieutt. Enslin to be drummed out of camp tomorrow morning by all the drummers and fifers in the Army never to return; The drummers and fifers [are] to attend on the Grand Parade at Guard mounting for that Purpose.

George Washington

[Nickdfresh]

This was settled a long time ago.

March 14, 1778:

At a General Court Martial whereof Colo. Tupper was President (10th March 1778), Lieutt. Enslin of Colo. Malcom's Regiment [was] tried for attempting to commit sodomy, with John Monhort a soldier; Secondly, For Perjury in swearing to false accounts, [he was] found guilty of the charges exhibited against him, being breaches of 5th. Article 18th. Section of the Articles of War and [we] do sentence him to be dismiss'd [from] the service with infamy. His Excellency the Commander in Chief approves the sentence and with abhorrence and detestation of such infamous crimes orders Lieutt. Enslin to be drummed out of camp tomorrow morning by all the drummers and fifers in the Army never to return; The drummers and fifers [are] to attend on the Grand Parade at Guard mounting for that Purpose.

George Washington

Um, the guy that largely trained the Continental Army, and whose legacy is largely the result of the U.S. Army's drill and ceremony regimen was Baron Von Steuben, a guy largely rumored to be gay....

[Nickdfresh]

Dickforbreath just got...

You look really gay in your cheerleading uniform and pom poms, Nurse Elvira...

[Nitro Express]

I don't have a problem with gays in the military as long as the saying,"I'll cover your ass!" or "I got your back!" means he's going to lay down some cover fire instead of something else. Also, gays would work out great on a submarine. They are already experienced in lubing up torpedos with grease.

[FORD]

Judge orders military to stop discharging gays
Landmark ruling says government's 'don't ask, don't tell' policy must end


RIVERSIDE, Calif. — A federal judge Tuesday ordered the government to immediately stop discharges of gay service members under the military's "don't ask, don't tell" policy.

U.S. District Judge Virginia Phillips found the policy unconstitutional in September. On Tuesday, she rejected an Obama administration request to delay an injunction and ordered enforcement of the policy permanently stopped.

The Justice Department has 60 days to appeal. Legal experts say the government is under no legal obligation to do so and they could let Phillips' ruling stand.

The federal government is reviewing the ruling and has no immediate comment, said Tracy Schmaler, spokesman for the Justice Department.

Phillips declared the law unconstitutional on Sept. 10 after a two-week nonjury trial and said she would issue a nationwide injunction. But she asked first for input from Department of Justice attorneys and the Log Cabin Republicans, the gay rights group that filed the lawsuit in 2004 to stop the ban's enforcement.

The Log Cabin Republicans asked her for an immediate injunction so the policy can no longer be used against any U.S. military personnel anywhere in the world.

"The order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the military for fighting and dying for our country," said Dan Woods, an attorney for the Log Cabin group.

Government attorneys objected, saying such an abrupt change might harm military operations in a time of war. They had asked Phillips to limit her ruling to the members of the Log Cabin Republicans, a 19,000-member group that includes current and former military service members.


The Department of Justice attorneys also said Congress should decide the issue — not her court.

Phillips disagreed, saying the law doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training.

She said the law violates the free-speech and due process rights of service members after listening to the testimonies of military officers who have been discharged under the policy.

Legal experts say the Obama administration could choose to not appeal her ruling to end the ban — but Department of Justice attorneys are not likely to stay mum since Obama has made it clear he wants Congress to repeal the policy.

"The president has taken a very consistent position here, and that is: 'Look, I will not use my discretion in any way that will step on Congress' ability to be the sole decider about this policy here,' " said Diane H. Mazur, legal co-director of the Palm Center, a think tank at the University of California at Santa Barbara that supports a repeal.

Gay rights advocates say they worry they lost a crucial opportunity to change the law when Senate Republicans opposed the defense bill earlier this month because of a "don't ask, don't tell" repeal provision.

If Democrats lose seats in the upcoming elections, repealing the ban could prove even more difficult — if not impossible — next year.

Woods said the administration should be seizing the opportunity to let a judge do what politics has been unable to do.

The "don't ask, don't tell" policy prohibits the military from asking about the sexual orientation of service members but bans those who are gay from serving openly. Under the 1993 policy, service men and women who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base, are subject to discharge.

[BigBadBrian]

Judge orders military to stop discharging gays
Landmark ruling says government's 'don't ask, don't tell' policy must end


RIVERSIDE, Calif. — A federal judge Tuesday ordered the government to immediately stop discharges of gay service members under the military's "don't ask, don't tell" policy.

U.S. District Judge Virginia Phillips found the policy unconstitutional in September. On Tuesday, she rejected an Obama administration request to delay an injunction and ordered enforcement of the policy permanently stopped.

The US Armed Forces should promptly flip this bitch the finger by ignoring her ruling. I can guarantee you this is probably being done.

If the policy is going to be changed, it should be done by the US Congress, not any one person sitting on a bench.

This Left-Wing Lunatic has no business legislating from the bench and deciding US policy on her own.

[Nickdfresh]

The US Armed Forces should promptly flip this bitch the finger by ignoring her ruling. I can guarantee you this is probably being done.

If the policy is going to be changed, it should be done by the US Congress, not any one person sitting on a bench.

This Left-Wing Lunatic has no business legislating from the bench and deciding US policy on her own.

Yeah, it's good when the Armed Forces simply ignore the law. Secondly, there's nothing left wing about allowing people to avoid service because they happen to be gay...

[Dr. Love]

The US Armed Forces should promptly flip this bitch the finger by ignoring her ruling. I can guarantee you this is probably being done.

If the policy is going to be changed, it should be done by the US Congress, not any one person sitting on a bench.

This Left-Wing Lunatic has no business legislating from the bench and deciding US policy on her own.

Hey, good idea. Why stop there? We should all ignore judge's rulings we don't agree with! Who is any one person (or any small group of people) to decide what should happen? It's not like Congress would enact anything that should be kept in line by another division of government. We can totally trust them to do the right thing. Hell, why not just abolish the whole judicial branch of government. Those secret-liberal-homos don't do anything worth a damn anyway!

[FORD]

Yeah, it's good when the Armed Forces simply ignore the law. Secondly, there's nothing left wing about allowing people to avoid service because they happen to be gay...

I guess Brian missed the part where this case was brought before the court by the Log Cabin Republicans.

[Nitro Express]

There have always been gays in the military. As long as you don't make any passes and do you duty, who cares. I really don't care which way you swing as long as you keep the cover fire going.

[Nitro Express]

I just see it as less competition for the ladies.

[GAR]

Um, the guy that largely trained the Continental Army, and whose legacy is largely the result of the U.S. Army's drill and ceremony regimen was Baron Von Steuben, a guy largely rumored to be gay....

Um, taking the prone-position once again for the gay agenda is quite becumming of you, Private Paintface.

[GAR]

I guess Brian missed the part where this case was brought before the court by the Log Cabin Republicans.

Yeah, now instead of a "no fags policy w/the exception of those who hide it" exemption, it's back to "no fags policy" period.

Stealth attack on fags, by fags. Or are they really gay? Could this be the GOP's way of dealing with the liberals by having an Anti-Liberal liberal unit in league?

Who fucking cares. Fucking stupid faggots!

[GAR]

I just see it as less competition for the ladies.

I was at a company with this little faggot Human Resources guy in charge of the hiring and firing.

Boy was he a shrewd piece of work, he took his queer agenda to work with him every day and fucked up that company from the inside out.

But BOY it was okay for him to miss days, come in hung over, tweek lines in the john towards the end of the week.. gays are defective.

[Nickdfresh]

Um, taking the prone-position once again for the gay agenda is quite becumming of you, Private Paintface.

Right! "Cumming" from the guy who admitted at DDLR that he once shoved a kid's toys in his anus because he's fixated on little boys...