Court overturns “don’t ask don’t tell”

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A federal judge in California has declared the ban on gays serving openly in the military unconstitutional, and said she will issue an order overturning the “don’t ask, don’t tell” policy nationwide. Judge Virginia Phillips ruled that the policy violates the First and Fifth Amendment rights of gay service members and has a “direct and deleterious effect” on military readiness, AP reports.

She has a week to issue an injunction, and the government will have a week to respond. Typically, the next step would be for the government to request a temporary injunction, which would give it time to appeal the decision. But CNN notes that the Pentagon and White House’s indication that they would push to end “don’t ask, don’t tell” puts yesterday’s decision in a different light. Phillips noted that the Obama administration’s defense against the lawsuit was been minimal, with no witnesses called and no affirmative case presented. “It”ll be an interesting decision for our president to decide whether to appeal,” said a lawyer for the group that filed the suit. “He’s said that ‘don’t ask, don’t tell’ weakens national security, and now it’s been declared unconstitutional. If he does appeal, we’re going to fight like heck.”

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Professor Mike

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13 years ago

Now correct me if I’m wrong. A gay man or woman killed on active service will bleed as will a straight man or woman.

It matters who you’d rather screw when you’re serving, and potentially dying, for your country???

Good grief. Someone needs to grow up!

13 years ago

Man o man, this parcel is certainly getting passed around, what do we have to do, wait until there is a Republican President before moving in on this.

Jess
Reply to  Holte Ender
13 years ago

It is all about the “ick” factor, for a lot of these people, if you want my opinion. Too many people worrying about “teh homoseckshual buttsecks” instead of worrying about equality. This is one of the things I have been fighting for, for forever as an ally to the LGBT community and will fight for as long as I breathe, equal rights for all people. Repubs will be back to normal, after the midterms, hating the gays once again when they realize they won’t be voting for them. Oh yeah, I am THAT cynical about all the reps coming out for gay rights now.

Jess
13 years ago

Now the story becomes will this be appealed by DoJ? I have my own thoughts on the fierce advocates for LGBT rights currently holding office, but I shall refrain from swearing today. All I WILL say, congress sure as hell punted on this didn’t they? Big old dem majority and now wasn’t the time to do something about this. Ok so that wasn’t all I would say about it. Wonder if they will defend this, in the vile manner they defended DOMA. I hope not, it would cause GAYTM’s all over the country to close for the dems.

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