Judge declares U.S. military's 'don't ask, don't tell' unconstitutional

[jefferson_dem]

:bounce: :bounce:

Judge declares U.S. military's 'don't ask, don't tell' policy openly banning gay service members unconstitutional
September 9, 2010 | 6:07 pm

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 said she would issue 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.

The ruling comes just over a month after a federal judge in San Francisco tossed out California’s voter-approved ban on same-sex marriage, providing back-to-back victories for gay rights advocates seeking policy changes in the courts that have eluded them in Congress and at the ballot box. The case was filed by the Log Cabin Republicans, the largest political organization for gays in the GOP, in 2004.

<SNIP>

http://latimesblogs.latimes.com/lanow/2010/09/federal-judge-declares-us-military-ban-on-openly-gay-service-members-unconstitutional-.html

Gay Military Service Ban Ruled Unconstitutional
"Don't Ask Don't Tell" Policy has "Direct and Deleterious Effect" on Armed Services, Federal Judge Declares

(AP) A federal judge in Southern California has declared the U.S. military's ban on openly gay service members unconstitutional.

U.S. District Judge Virginia Phillips granted a request for an injunction Thursday halting the government's "don't ask, don't tell" policy for gays in the military.

Phillips says the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services.

The lawsuit was the biggest legal test of the law in recent years and came amid promises by President Obama that he will work to repeal the policy.

Government lawyers argued that Phillips lacked the authority to issue a nationwide injunction and the issue should be decided by Congress.

The injunction was sought by the Log Cabin Republicans, a 19,000-member group that includes current and former military members.

http://www.cbsnews.com/stories/2010/09/09/politics/main6851630.shtml?tag=breakingnews

[Clio the Leo]

1. KICK!!!!!

lol THANK YOU Fed. Judge for RESCUING the news cycle!!!!!

Now the President can talk about SOMETHING ELSE besides Rev. Fruitloop!

[David Zephyr]

2. K&R.

Justice.

[Ken Burch]

3. Wanted to be the fifh rec, proud to at least be the 6th....

The Department of Justice has a moral obligation NOT to appeal this decision.

[TheWraith]

12. However, they do have a legal obligation to appeal it.

The DOJ is required to defend federal law. DADT is federal law.

[ruggerson]

16. no they don't

n/t

[TheWraith]

19. Yes, they do.

The Department of Justice is constitutionally required to defend federal laws.

[jenmito]

4. K&R! I just saw it on Rachel's show! n/t

[ProSense]

5. This is great.

The good news keeps rolling in.

[Spazito]

6. Excellent news!

Recommended.

[myrna minx]

7. Yay!

:woohoo:

[TheKentuckian]

8. Awesome news of justice in what seems like a wasteland of insanity.

[saltpoint]

9. There are many ways to serve one's country, one's

neighborhood, and one's earth, including the choice to be one of the men or women who serve in an army or navy, etc.

The quality of dedication should be the gauge of merit and it should be afforded every dignity on an absolutely equal basis.

To ban certain men and women of the U.S. from so serving assaults their dignity and subverts the greater landscape of individual and collective service.

Don't Ask Don't Tell was a putrid compromise and it's stunk to high heaven ever since, and this clear-headed Judge finally declared it unConsitutional.

Long overdue decision but warmly welcomed.

[Ken Burch]

14. It's also a way of implying that LGBT people aren't "real" Americans

(this is comparable to World War Two, when Southern segregationist Congressmen and Senators fought to keep African American troops out of combat, because they knew that a large group of black war heroes would make it impossible to preserve Jim Crow.)

All you'd need is one picture of a proud, grieving partner of a dead openly gay soldier receiving a flag at the posthumous medal ceremony and homophobia would be on the way to the boneyard overnight.

[saltpoint]

15. Hi, Ken. Yes. The emotional turmoil for any

human being connected to the risk and tension and sacrifice and possible loss is the same emotionally for everybody, no matter what an idiot like Fred Phelps thinks.

It might do those who oppose gays in the military a world of good to read about the Theban Band. The "bad for morale" argument is vaporized by their example, and it's not a mythic construct but a real thing.

Very good point on Jim Crow, by the way.

[rocktivity]

10. Well, duh.

:evilgrin:
rocktivity

[TheWraith]

11. Interesting.

I'm a little surprised that he made this finding based on a first amendment basis, rather than 14th. But I suppose it makes sense from the perspective of a slightly more conservative judge who didn't want to mess with precedent about suspect classes.

[Hekate]

13. All righty then. Kick and Rec.

[Cha]

17. Thank you, Jefferson for this news!

:bounce: Happy Feet say it all! :bounce:

[vaberella]

18. Great News. n/t