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Fox
Joined: 04 Mar 2009
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 Posted: Thu Sep 09, 2010 8:20 pm Post subject: Judge Declares DADT Unconstitutional |
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Article here.
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LOS ANGELES � 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.
Government lawyers said the judge lacked the authority to issue a nationwide injunction.
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Freeborne had argued the policy debate was political and that the issue should be decided by Congress rather than in court.
In his closing arguments he said the plaintiffs were trying to force a federal court to overstep its bounds and halt the policy as it is being debated by federal lawmakers.
The U.S. House voted in May to repeal the policy, and the Senate is expected to address the issue this year.
That makes the trial unnecessary, and the testimony and documentary evidence presented by the Log Cabin Republicans irrelevant, Freeborne said.
"We do not believe the court has the authority to issue a nationwide injunction," he said.
Government attorneys presented only the policy's legislative history in their defense and no witnesses or other evidence. |
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Hotwire
Joined: 29 Aug 2010
Location: Multiverse
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| Posted: Thu Sep 09, 2010 8:27 pm Post subject: |
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Good. Homosexuals should not be discriminated against in the armed forces.
They are as able to 'stand to attention,' 'handle a weapon' 'parade' and 'shoot on target' as the next man.
Sorry. Joking aside, I usually hear the argument - the army is a place to train skilled killers.' Or along those lines. The thinking being that homosexuals are effeminate and not able to fit in that kind of environment. I think the only problem is in the minds of those that have such or other illusions about homosexuals. I really don't think their sexual orientation would in any way be detrimental to their performance or capabilities as soldiers. And if it were - they would not be the type of person to join the army anyway. |
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mises
Joined: 05 Nov 2007
Location: retired
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| Posted: Thu Sep 09, 2010 8:44 pm Post subject: |
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Was it Jefferson who put that in?
Yes, I know, it is the spirit of the thing. The judge should be careful though. DHS says constitutionalists are terrorists. OK, back to the OP. Since judges are all about the law now can they please enforce the coinage act (especially section 19)?
I don't like this trend of judges deciding they're going to settle social policy. Societies should change from negotiation and persuasion. |
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The Happy Warrior
Joined: 10 Feb 2010
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| Posted: Thu Sep 09, 2010 9:04 pm Post subject: |
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Fascinating.
The Supreme Court won't affirm this, though. The military gets broad discretion with SCOTUS.
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| I don't like this trend of judges deciding they're going to settle social policy. |
They're settling disputes about rights, not social issues. But don't worry, I'm 90% confident SCOTUS won't affirm this one. Obama is going to have to discover his inner Truman.
Anyway, this stuff is great fun. |
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