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Judge Declares 'Don't Ask, Don't Tell' Unconstitutional

1 year ago
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A federal judge in California ruled Thursday that the law that forbids openly gay people from serving in the military is unconstitutional, The Los Angeles Times reported.

U.S. District Court Judge Virginia A. Phillips said the "don't ask, don't tell" policy violates the 1st Amendment rights of gay and lesbian service members and has had a "direct and deleterious effect" on the military.

Phillips said she would issue an injunction ordering the government to stop enforcing "don't ask, don't tell." But the Justice Department, which argued for the 1993 law during a two-week trial, will have an opportunity to appeal the decision, the Times said.
The case was filed by the Log Cabin Republicans, the largest political organization for gays in the GOP, in 2004.

President Barack Obama has said he would work to do away with the controversial policy. In May the House voted to repeal it, and the Senate is expected to take up the issue soon.

"Don't ask, don't tell," instituted during the Clinton administration, forbids the military from asking about the sexual orientation of service members but requires those who are openly gay to be discharged.

Supporters claim the law helps preserve military readiness.

Here is the text of the ruling from the New York Times.

Filed Under: Gay Rights, Military

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jnwesner

Finally somebody noticed. Our country has tried to enforce "separate but equal" for over a century, ignoring the fact that separate is inherently unequal. Will the "liberal" Obama administration fight to maintain this absurd and discriminatory policy? Or will they show the good grace to support this rational ruling and let a bad law die?

September 10 2010 at 5:05 PM Report abuse -2 rate up rate down Reply
Terry

The Texas Republican Party Platform wants to have sodomy taken away from the jurisdiction of the courts and sodomy laws re-instated. That is how radical the right has gotten. If that's what you want, go on and vote Republican, but just remember, the rights you lose maybe your own.

September 10 2010 at 1:04 PM Report abuse -3 rate up rate down Reply
Terry

If there are people in the military that can't serve with openly gay and lesbian people then they are the ones that should be discharged, not the gays and lesbians. Some of you are trying to punish the wrong group.

September 10 2010 at 12:57 PM Report abuse -3 rate up rate down Reply
Mike

What I am most concerned about are people who call themselves Christian and clearly act in opposition. Tolerance is the word of the day. Homosexuality is NOT a disease. You may not agree with that lifestyle and that is your option, but you'd better start thinking about how YOU would feel if someone YOU loved told you they were homosexual. I think "Christians" should get off their high horse. I don't care WHO wants to serve in the military. If you think homosexuals haven't been in the military during your "time honored traditions", think again. Remember when African-Americans were told to "stand down"? Well, if homosexuals want to serve, then they should serve. Some of you have it wrong. It's a privilege to serve. But, it's a right that anyone who wants to serve should be able to serve. Regardless of race, creed, gender or sexual orientation. And no, I'm not homosexual. I'm just tired of the "Christian" right standing on their soapboxes and preaching INtolerance instead of preaching tolerance. Whatever happened to "he who has not sinned cast the first stone"?

September 10 2010 at 12:48 PM Report abuse +2 rate up rate down Reply
randy822

For several years I have questioned the act as to whether it is based on reasonable scientific research and apparently after reading the context of the lawsuit it was mostly based on opinion. After reading about the experiences of some of the plaintiff's witnesses I am appalled at how they were treated considering their outstanding performance in the military. I now am leaning towards repealing the Don't Ask-Don't Tell policy.

September 10 2010 at 12:44 PM Report abuse rate up rate down Reply
Terry

One argument is that some people won't serve with a person they know is gay. Seems to me the answer to that is not to penalize the gay, but penalize the bigot.

September 10 2010 at 12:43 PM Report abuse -1 rate up rate down Reply
Terry

The exact same arguments used today against doing away with DADT were used when Truman desegregated the military in 1948. They were absurd then. They are absurd now.

September 10 2010 at 12:42 PM Report abuse +2 rate up rate down Reply
Terry

Less than 1% of the American population is serving in the military at any one time. And all that are in the military are either putting their lives on the line for us or are perpared to do so. Yet, our thanks to our gay and lesbian troops, sailors and airmen is that they have to pretend to be someone they are not. Is that what you call "supporting our troops"?

September 10 2010 at 12:40 PM Report abuse +1 rate up rate down Reply
dcb523stl

Believe it or not, every one of you has worked with, eaten dinner with, gone to church/synagogue with, shopped along side, sent your child to school to be taught by someone who was/is gay...and the list goes on. Don't tell me a gay person doesn't have the stamina to do their job when times get tough, either. If a person does their job well, their sexual orientation has NOTHING to do with it. Believe me, there are enough "straight" people out there that constantly talk about "getting laid" all the time and think nothing of it.

September 10 2010 at 12:37 PM Report abuse +7 rate up rate down Reply
Allen61afc

has anyone seen madona's,ladygaga's in the services??.....then what makes you's think there'd be rupauls,boygeorges.....ya did say flamboyants no????LOL besides could you see the moslim bastardizeing treeorist when they come calling them out to fight the terrorist wouldnt touch a one of them in fear of allah reprisales Haa Haa bring on the flamboyants.....lol no more terrorist

September 10 2010 at 12:00 PM Report abuse +2 rate up rate down Reply

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