DADT Unconstitutional, Federal Judge Rules

[blu]

'Don't Ask, Don't Tell' Unconstitutional, Federal Judge Rules

Los Angeles Times:

A federal judge in Riverside declared the U.S. military's ban on openly gay service members unconstitutional Thursday, saying the "don't ask, don't tell" policy violates the 1st Amendment rights of lesbians and gay men.

U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a "direct and deleterious effect'" on the military.

Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended "don't ask, don't tell" during a two-week trial in Riverside, will have an opportunity to appeal that decision.

Read the whole story: Los Angeles Times

 

[blu]

'Don't Ask, Don't Tell' Unconstitutional, Federal Judge Rules

Los Angeles Times:

A federal judge in Riverside declared the U.S. military's ban on openly gay service members unconstitutional Thursday, saying the "don't ask, don't tell" policy violates the 1st Amendment rights of lesbians and gay men.

U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a "direct and deleterious effect'" on the military.

Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended "don't ask, don't tell" during a two-week trial in Riverside, will have an opportunity to appeal that decision.

Read the whole story: Los Angeles Times

The Constitution created by our Founding Fathers did not consider ABNORMAL FREAKS....

NO FUCKING WAY !!!

the beauty of it was that it covered everyone equally, including what you call abnormal freaks

 

[Charles_Main]

did any regulation require you not to pray? or to convert to another religion? were you told you could NOT go to church when you were not on duty or confined to ship?

I could go on, but I hope you get the point.

I agree that this is a good ruling constitutionally, however I also agree with what they are saying about the Military. You do indeed lose many rights when you join. You in fact can get in trouble for having hetero Sex with another member of the Military.

However I do not see how that applies to a law which states that you do not talk about your sexual orientation.

It has always seemed silly to me. Basically it is saying we know you are here but we do not want to hear about it.

Pretty stupid if you ask me.

So you are for or against a lifting of the ban?

How could you not tell from my post. I called it a silly law to begin with. Of course I am for lifting the ban, and believe this was a good ruling.

 

[Charles_Main]

did any regulation require you not to pray? or to convert to another religion? were you told you could NOT go to church when you were not on duty or confined to ship?

I could go on, but I hope you get the point.

I agree that this is a good ruling constitutionally, however I also agree with what they are saying about the Military. You do indeed lose many rights when you join. You in fact can get in trouble for having hetero Sex with another member of the Military.

However I do not see how that applies to a law which states that you do not talk about your sexual orientation.

It has always seemed silly to me. Basically it is saying we know you are here but we do not want to hear about it.

Pretty stupid if you ask me.

we have agreed three times in the past two days.

i think the world is coming to an end.

Might be.

 

[Quantum Windbag]

I seem to remember being told that I had to stay on ship a few times, and not being able to go anywhere, including church. Muslims don't get to stop and pray 5 times a day.

I could go on, but I hope you get the point.

did any regulation require you not to pray? or to convert to another religion? were you told you could NOT go to church when you were not on duty or confined to ship?

I could go on, but I hope you get the point.

You want a specific regulation that is obviously aimed at religion?

Military burns unsolicited Bibles sent to Afghanistan - CNN.com

No freedom of religion if you are in the Army in Iraq or Afghanistan.

Saudi Rules Anger Top Air Force - Christians of Egypt - AMCoptic.com

Look at that! That is a clear cut case of sexual discrimination.

Star pilot's reluctant lawsuit against Air Force / She calls edict to wear Saudi garb unconstitutional - SFGate

Please, tell me again the members of the military does not give up their rights. It amuses me how ignorant some people are.

 

[Quantum Windbag]

you don't sign away the right not to be discriminated againt

don't pay attention to pretend constitutionalists.

it's a great ruling and its perfect because it gives cover to the govt types.

The military operates under a whole different law, and has its own court system. They do not have free speech, freedom of religion, freedom of assembly, or many of the other rights you take for granted. They are subject to different rules, and can easily be told not to have sex with some people.

I am aware of the limitations imposed on soldiers.

And none of those limitations permit a soldier to be discriminated against for race, religion or gender.

the constitution does not require that government never interfere with your rights. but when a fundamental right is involved there has to be a substantial govermental interest in the limitation.

there is no substantial governmental interest which justifies discrimination. and if you think there was a substantial governmental interest in DADT, then this court obviously disagrees.

As I said, I think this one will be a relief for everyone.

See above.

What you are not grasping is that these are regulations that are subject to the needs of the military, not to the Constitution. This is a much lower standard than you have as a civilian. The military does not have to prove that they have a compelling interest in abridging your rights, you have to prove that anything they do places an undue burden on you, and that the policy actually impairs unit cohesion. Even the judge who ruled DADT unconstitutional understood that, which is why he worded the ruling the way he did.

 

[DiveCon]

did any regulation require you not to pray? or to convert to another religion? were you told you could NOT go to church when you were not on duty or confined to ship?

I could go on, but I hope you get the point.

I agree that this is a good ruling constitutionally, however I also agree with what they are saying about the Military. You do indeed lose many rights when you join. You in fact can get in trouble for having hetero Sex with another member of the Military.

However I do not see how that applies to a law which states that you do not talk about your sexual orientation.

It has always seemed silly to me. Basically it is saying we know you are here but we do not want to hear about it.

Pretty stupid if you ask me.

we have agreed three times in the past two days.

i think the world is coming to an end.

or could it be the extremes are going so far to the extreme the the center is widening?

 

[camcooh2]

This ruling, if upheld, would eviscerate the military. Gays would take over the military the way they took over the Catholic seminaries in the 1960s. Gay officers would have their pick of young servicemen and women if they served openly. Think all gays are somehow noble and would never use their superior rank to get themselves some? Please.

 

[NYcarbineer]

You sign away ALL of your rights.

You are property of the US gubmint, the moment you sign the enlistment contract or accept the commission, until the day you're issued your DD-214.

no. you don't.

you sign away some rights... like freedom of speech.

you do not sign away your freedom of religion.

you do not sign away the right not to be discriminated against.

but feel free to prove the regs that exempt the feds from anti-discrimination laws.

The judge's decision effectively ruled that DADT limited free speech in a broad manner that the military could not justify.

 

[camcooh2]

This represents the incremental, gradual acceptance of the gay lifestyle. It's not tolerance, which the DADT policy demanded, it's acceptance. It's a round of applause for being gay. This will demolish the military, as re-entlistments will plummet. How'd you like to have an openly homosexual first seargant?

 

[007]

'Don't Ask, Don't Tell' Unconstitutional, Federal Judge Rules

Read the whole story: Los Angeles Times

So what? The ruling is useless. This liberal, activist judge has no authority over the military what so ever. He can take his ruling and go fuck himself, or have his butt buddy do it.