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Federal judge orders halt dont ask dont tell
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Thumbs down Federal judge orders halt dont ask dont tell - October 12, 2010, 08:01 PM

Federal Judge Orders Halt to 'Don't Ask, Don't Tell' Enforcement - FoxNews.com

SAN DIEGO -- A federal judge issued a worldwide injunction Tuesday stopping enforcement of the "don't ask, don't tell" policy, ending the U.S. military's 17-year-old ban on openly gay troops.
U.S. District Court Judge Virginia Phillips' landmark ruling was widely cheered by gay rights organizations that credited her with getting accomplished what President Obama and Washington politics could not.
U.S. Department of Justice attorneys have 60 days to appeal. Legal experts say they are under no legal obligation to do so and could let Phillips' ruling stand.
The federal government is reviewing the ruling and has no immediate comment, said Tracy Schmaler, spokesman for the Department of Justice.
Phillips declared the law unconstitutional after a two-week nonjury trial in federal court in Riverside 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 miltiary 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


R.I.P. Eric. You were truly like a younger brother to me. May you live on in all those you helped and reached out to help. You are truly missed!

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October 12, 2010, 08:10 PM

cool
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October 12, 2010, 08:34 PM

Not cool!


R.I.P. Eric. You were truly like a younger brother to me. May you live on in all those you helped and reached out to help. You are truly missed!

tfinch: well, actually, if he did, that's fine cause it's in the pockets!
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Last edited by Timultuous; October 12, 2010 at 08:38 PM..
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October 12, 2010, 08:40 PM

Going to push the Supreme Courts hand to make a ruling. I'm sure Elana Kagan can't wait to sink her teeth into this.



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October 12, 2010, 08:53 PM

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Originally Posted by Heist View Post
Going to push the Supreme Courts hand to make a ruling. I'm sure Elana Kagan can't wait to sink her teeth into this.
A) I think she wil recuse herself from this and B)The court is still leaning in the conservative majority.


R.I.P. Eric. You were truly like a younger brother to me. May you live on in all those you helped and reached out to help. You are truly missed!

tfinch: well, actually, if he did, that's fine cause it's in the pockets!
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October 12, 2010, 08:57 PM

Unfortunately, a judge can do this because his ruling is based on the Constitutionality of the order. Also with a whip of his pen, the President can overturn it. Just as previous presidents have done with integration of African Ameri...cans into the military, but that is a whole diffferent story. Congress has their say in funding or repealing don't ask don't tell.

The reason I am totally against the repeal is not because I don't believe anyone doesn't have the right to defend their country, but the fact of the disharmony it will cause. The policy as it was was perfect in its imperfections.

Does anyone care that I am married? No. So why should I care if someone is gay or not?

Also will you allow a man and a woman to live together in barracks rooms? Why not?

Do you now have to let people that decide they like to have sexual relations with children into the military? Be careful what you ask for because we have just opened Pandoras box.

Hell let's just take the doors off the barracks, make them open squad bays again and have both males and females living together. P.S. the showers didn't have screens/ curtains or doors on them either.

Can you refute all of this?

Ok do we build seperate barracks for them now? Why? Disharmony amonst the ranks is what it promotes.


R.I.P. Eric. You were truly like a younger brother to me. May you live on in all those you helped and reached out to help. You are truly missed!

tfinch: well, actually, if he did, that's fine cause it's in the pockets!
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October 12, 2010, 08:58 PM

If you turn towards your office mate and tell him to "quit being a fucking faggot" you'll get fired from this pussy as thing we call a work force. I would like to still be able to talk to my coworkers with out having to be "PC" this is just one more thing to tip-toe around. You can be gay and in the military, just don't tell anyone! BOOOOM! STILL FIXED!

Hell! last time I checked, in today's workforce you can't ask someone if there gay anyhow. That would be an HR or EO complaint. God forbid we ask anyone anything! they might get offended and commit suicide! a bunch of nut-less monkeys.


So if the military allowed gays to be open about there sexuality, in the end we wouldn't be able to ask them anyways! That would be a fucking EO complaint! So let's just not ask and they don't have to tell.
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October 12, 2010, 10:08 PM

Quote:
Originally Posted by Timultuous View Post
Unfortunately, a judge can do this because his ruling is based on the Constitutionality of the order. Also with a whip of his pen, the President can overturn it. Just as previous presidents have done with integration of African Ameri...cans into the military, but that is a whole diffferent story. Congress has their say in funding or repealing don't ask don't tell.

The reason I am totally against the repeal is not because I don't believe anyone doesn't have the right to defend their country, but the fact of the disharmony it will cause. The policy as it was was perfect in its imperfections.

Does anyone care that I am married? No. So why should I care if someone is gay or not?

Also will you allow a man and a woman to live together in barracks rooms? Why not?

Do you now have to let people that decide they like to have sexual relations with children into the military? Be careful what you ask for because we have just opened Pandoras box.

Hell let's just take the doors off the barracks, make them open squad bays again and have both males and females living together. P.S. the showers didn't have screens/ curtains or doors on them either.

Can you refute all of this?

Ok do we build seperate barracks for them now? Why? Disharmony amonst the ranks is what it promotes.
dogs loving cats!!! WHATS NEXT?!?! I will not stand for this!!


dont be stupid. There's already plenty of gays in the military that excel. There's already plenty of pedophiles in the military too and that will still be a federal crime.


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October 12, 2010, 10:59 PM

Nobody should feel repressed about who or what they are. It shouldn't cost you your career in the military because you like to slide on poles or munch on rugs. I mean suppose they enforce allot of the stupid laws on the books like some states have. Like suppose they say straight folks can no longer perform oral sex, or have pre-marital sex? Oh and don't go for that butthole if that's what you like...even though she is your wife.

I mean honestly do what you do as long as it don't infringe on me should be the motto.

I doubt that openly gay/les are going to go around sounding or looking like the cast of Queer as Folks...


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October 12, 2010, 11:33 PM

Quote:
Originally Posted by The Bogert
Hell! last time I checked, in today's workforce you can't ask someone if there gay anyhow. That would be an HR or EO complaint. God forbid we ask anyone anything! they might get offended and commit suicide! a bunch of nut-less monkeys.
It ain't just about them being asked.

If my civilian coworker makes no secret of being gay, they're fine.

If a soldier in my office slips something about her girlfriend, America is down one soldier.

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October 13, 2010, 12:21 AM

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Like suppose they say straight folks can no longer perform oral sex, or have pre-marital sex? Oh and don't go for that butthole if that's what you like...even though she is your wife.
Panel urges ending UCMJ
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Sodomy is defined in the Manual for Courts-Martial as “unnatural copulation with another person of the same or opposite sex.” Under the UCMJ, sodomy — which includes oral sex — is considered a criminal act, even among consenting adults and married couples.


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October 13, 2010, 06:05 AM

So those that are in favor of this repeal, Would you also advocate for those aformentioned opedophiles? They are not doing anuthing to you directly and it is what they are. Where do we draw the line? You would be infringing on their rights then.


R.I.P. Eric. You were truly like a younger brother to me. May you live on in all those you helped and reached out to help. You are truly missed!

tfinch: well, actually, if he did, that's fine cause it's in the pockets!
tfinch
: Mike, can you feel bubbles floating around in there?

tfinch: Bubbles! Yes! Gurgly bubbles!
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October 13, 2010, 06:56 AM

Quote:
Originally Posted by Timultuous View Post
So those that are in favor of this repeal, Would you also advocate for those aformentioned opedophiles? They are not doing anuthing to you directly and it is what they are. Where do we draw the line? You would be infringing on their rights then.
This ^^^^ is the problem, not homosexuality. This type of bigoted thinking is what causes more problems than the actual problem at hand. you really think that sex between consenting adults is the same as sex with a child?


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October 13, 2010, 07:16 AM

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Originally Posted by Timultuous View Post
African Ameri...cans
What the fuck? Explain the ellipses. I get the feeling that if this were the '50s, you would have opposed integration too.

Your "pandora's box" reference, comparing gays to pedophiles is nothing but a strawman argument.
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October 13, 2010, 07:31 AM

Quote:
Originally Posted by Timultuous View Post
So those that are in favor of this repeal, Would you also advocate for those aformentioned opedophiles? They are not doing anuthing to you directly and it is what they are. Where do we draw the line? You would be infringing on their rights then.

Hmmm lets see....

same sex amoung adults....
or
sex from an adult to a child....

Well, In this current climate Im not sure if it is illegal to be gay or not...
But I know for sure it's illegal to bang a child..

so apples n oranges.

Sounds like you are homophobic man...don't worry it will not rub off on you, or make you have erotic same sex dreams. lol.

At the most they might be checking you out in the shower haaaa...


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