Unconstitutional Ban On Gays.

• emomutt wrote on 2010-09-10 03:55

  RIVERSIDE, Calif. – A federal judge on Thursday declared the U.S. military's ban on openly gay service members unconstitutional and said she will issue an order to stop the government from enforcing the "don't ask, don't tell" policy nationwide.
  U.S. District Judge Virginia Phillips said the ban violates the First and Fifth Amendment rights of gays and lesbians. "Don't ask, don't tell" prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base.
  In her ruling, Phillips said the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services.
  The Log Cabin Republicans, a 19,000-member group that includes current and former military members, filed a lawsuit in 2004 seeking an injunction to stop the ban's enforcement. Phillips will draft the injunction with input from the group within a week, and the federal government will have a week to respond.
  After-hours e-mails requesting comment from U.S. Department of Justice attorney Paul G. Freeborne and from the Pentagon were not immediately returned Thursday.
  The lawsuit was the biggest legal test of the law in recent years and came amid promises by President Barack Obama that he will work to repeal the policy.
  The Log Cabin Republicans said more than 13,500 service members have been fired since 1994.
  "This decision will change the lives of many individuals who only wanted to serve their country bravely," said the group's attorney, Dan Woods.
  Woods argued during the nonjury trial that the policy violates gay military members' rights to free speech, open association and right to due process as guaranteed by the Fifth Amendment.
  He said the ban damages the military by forcing it to reject talented people as the country struggles to find recruits in the midst of a war. Lawyers also submitted remarks by Obama stating "don't ask, don't tell" weakens national security.
  Freeborne had argued the policy debate was political and that the issue should be decided by Congress rather than in court.
  The U.S. House voted in May to repeal the policy, and the Senate is expected to address the issue this year.
  Government lawyers also said Phillips lacked the authority to issue a nationwide injunction.
  Six military officers who were discharged under the policy testified during the trial. A decorated Air Force officer testified that he was let go after his peers snooped through his personal e-mail in Iraq.
  The officers who participated in the trial were "reacting emotionally because they're so proud that they were able to play a part in making that happened," Woods said after the ruling.
  "It'll be an interesting decision for our president to decide whether to appeal this case. He's said that 'don't ask, don't tell' weakens national security, and now it's been declared unconstitutional," Woods said. "If he does appeal, we're going to fight like heck."

  
  
  THIS WILL NOT STAND!
  Judge: Military's ban on gays is unconstitutional - Yahoo! News
• Finnea wrote on 2010-09-10 03:57
  Wait when did this happen. o.o I need to pay more attention to US news.
• Shirayuki wrote on 2010-09-10 03:59
  If you're gay and want to serve, I guess it's good for you xD Now if the war would end, that'd be better :c
• Finnea wrote on 2010-09-10 04:00

  Quote from Shirayuki;151157:

  If you're gay and want to serve, I guess it's good for you xD Now if the war would end, that'd be better :c

  
  
  Yup, I got out of there for that reason, and other reasons .w.
• Zid wrote on 2010-09-10 04:18
  So how did "Don't Ask, Don't Tell" help the military again...?
  
  The military is always iffy with sexes.
• Magenera wrote on 2010-09-10 04:18
  No one wants gays to fight for America, but we will surely place gang members in the Army just so they can come back and be better train on the streets.(this is no lie, a police officer was in a shoot out and notice the way he was firing was the same as the military.)
• Phunkie wrote on 2010-09-10 04:20
  Come on, Obama!
  
  You used to support gay marriage before you started running for President. Then you started saying, that "it should be left to the states."
  
  Do something, man!
• Crimmy wrote on 2010-09-10 04:30
  Eh, I honestly don't understand why Gays can't be treated the same as everybody else in the Military. It makes no sense to me.
  
  

  Quote from Magenera;151183:

  No one wants gays to fight for America

  
  
  I'm sorry but that reminded me of this.
• Finnea wrote on 2010-09-10 04:34

  Quote from Phunkie;151184:

  "it should be left to the states."
  

  
  
  Anyone see correlation to how slavery worked out? =3
• Phunkie wrote on 2010-09-10 04:39

  Quote from Finnea;151206:

  Anyone se correlation to how slavery worked out? =3

  
  
  Great analogy! I didn't see that.
• Taycat wrote on 2010-09-10 04:41
  The heck?
  
  Well there goes 3/4 of the army.
• Phunkie wrote on 2010-09-10 04:47

  Quote from Xiyamae;151211:

  The heck?
  
  Well there goes 3/4 of the army.

  
  
  What do you mean? They're considering allowing people in, not kicking them out.
  
  lol did you read? :P
• Taycat wrote on 2010-09-10 05:04

  Quote from Phunkie;151219:

  What do you mean? They're considering allowing people in, not kicking them out.
  
  lol did you read? :P

  
  
  Considering doesn't mean they are, though.
• Chiri wrote on 2010-09-10 18:49
  People don't get Don't Ask, Don't Tell.
  It's more like a transitional law that 'allowed' closeted gay and lesbian people into the army, if they kept quiet about their sexuality.
  I'm all for the transition to be over, and them allowing any gay/lesbian that can make it through training into the army.
• Intex wrote on 2010-09-10 19:20
  Fluent in speaking Arabic?
  Strong leadership skills?
  Can function well under pressure?
  Perfect for the army!
  Oh wait you're gay?
  Never mind then, go back home.
  
  So you have a history of drug problems
  One count of breaking and entering.
  You dropped out of high school.
  You'll have to do.
  
  
  There's no reasoning at all for why gay people shouldn't be in the army.
  The only reason I could think of was "Would you want to get raped by a gay guy while on duty?"
  By the same logic women shouldn't serve either.