Page 1 of 2 12 LastLast
Results 1 to 10 of 19

Thread: Don't Ask, Don't Tell Repealed by... Federal Judge?

  1. #1

    Default Don't Ask, Don't Tell Repealed by... Federal Judge?

    Judge: Military's ban on gays is unconstitutional - Yahoo! News

    I have no idea if it will be re-enacted or overruled by someone else. But if it stays repealed, would anyone else be pissed if any politician claims they helped with this victory?

    At least Obama has a excuse for not getting his hands dirty now and he can spend more time relaxing like the last president did. <_>

  2. #2

    Default

    This is obviously good news, but none of the stories I can find on it seem to have any clear idea on what the impact of it is, as of now.

    Apparently, the government didn't mount a serious defense in this case, entering only the legislative history of the act into evidence.

  3. #3

    Default

    Okay, first off, I am excited, and happy and relieved that this is (hopefully) over with.

    Now, we need to clarify some terms, to avoid confusing those members who did actually pass American Government in high school.

    The Federal Judge in question does not have the authority to "repeal" legislation. No court except the Supreme Court can do that, either by hearing and deciding the case, or not granting certiorari. The ball is still in Congress' hands. What has happened, is that a judge, at the lowest level of the federal court system has decided that the law is not constitutional. The Government will appeal it to the Ninth Circuit (which will most likely rubber stamp, and send it to the Supreme Court). Then, and only then will the law cease to exist as a valid part of the US Code. However, according to the Associated Press, the federal judge in question will issue what is called an injunction, which will prevent the military from kicking people out until the law is either repealed, or found to be unconstitutional by a higher court.

    ---------- Post added at 11:02 PM ---------- Previous post was at 11:00 PM ----------



    Quote Originally Posted by NutFreeFruitcake View Post
    This is obviously good news, but none of the stories I can find on it seem to have any clear idea on what the impact of it is, as of now.

    Apparently, the government didn't mount a serious defense in this case, entering only the legislative history of the act into evidence.

    If this is the case, the the Obama Administration will in fact have the right to claim he had a hand in it. Because the Solicitor General (the Governments lawyer) takes his (her?) marching orders from the President.

  4. #4

    Default

    This sentence was by far the most confusing:



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

  5. #5

    Default

    As a male who has had a same sex lover, I still tend to sit on the fence over this one. I would want to know how does the military feel about this, since they will be the ones who have to live with it? I hate to make decisions for others when they are dictums that don't really affect me, but effect those to whom it is directed. The fringes of logic suggest that one's sexual orientation shouldn't matter, but we live in an imperfect world. As a bi male, and one who lived a completely gay life throughout college, I didn't appreciate it when other males made advances on me when I was not attracted to them.

    How does the average soldier react to males that have said they are gay when having to live with each other in close proximity? I can't answer that question, especially since everyone is different, with different comfort levels. So I sit on the fence wondering will this work. Please don't misunderstand my intentions. It shouldn't matter, but I've been around long enough to see the violence that people can perpetrate towards another.

    My son called tonight and he told me that one of his students who had graduated, was in Atlanta at a gay pride march. He had coached this young man on the football team. That young man and his male friend were murdered. I can't understand why this country consistently results to violence and murder every time there is descent. So now, two more young innocent lives are lost to hate. Where does it stop? Is the military and the young men serving their country ready to deal with the problems that may accompany this decision?

  6. #6

    Default



    Quote Originally Posted by dcviper View Post
    The Federal Judge in question does not have the authority to "repeal" legislation. No court except the Supreme Court can do that, either by hearing and deciding the case, or not granting certiorari.
    Not true - any judge can declare a law unconstitutional, thereby overturning it. Many times, the losing party will appeal to a higher court (who may or may not decide to even listening to the appeal), but that only means that the Supreme Court get the final say if it gets that far.

  7. #7

    Default



    Quote Originally Posted by dogboy View Post
    As a male who has had a same sex lover, I still tend to sit on the fence over this one. I would want to know how does the military feel about this, since they will be the ones who have to live with it? I hate to make decisions for others when they are dictums that don't really affect me, but effect those to whom it is directed. The fringes of logic suggest that one's sexual orientation shouldn't matter, but we live in an imperfect world. As a bi male, and one who lived a completely gay life throughout college, I didn't appreciate it when other males made advances on me when I was not attracted to them.

    How does the average soldier react to males that have said they are gay when having to live with each other in close proximity? I can't answer that question, especially since everyone is different, with different comfort levels. So I sit on the fence wondering will this work. Please don't misunderstand my intentions. It shouldn't matter, but I've been around long enough to see the violence that people can perpetrate towards another.
    It will be no different than in 1948 when Truman integrated the services by executive order, or when women started joining combat units. Straight people get unwanted sexual advances from other straight people every day. The ones who react badly are simply bigots, and will be treated as such. ADM Mullen has already said that this is gonna happen. It's gonna be his way or the highway, exactly as it should be.

    And in my personal experience with homosexuals in the military that were "out", few people really cared. A very good friend of mine wasn't being very careful (in foreign countries, white people tend to take note of two white men kissing in public, even if they are ">100 miles from the flagpole") and the most that was ever said to me was that I should tell him to be more careful. There were a few jokes, and some mean graffiti, but that was the extent of it. Another guy was completely open, to the point where in Hong Kong, it was his stated intention to "check out the gay clubs in Kowloon". No one really cared.

  8. #8

    Default



    Quote Originally Posted by dcviper View Post
    It will be no different than in 1948 when Truman integrated the services by executive order, or when women started joining combat units. Straight people get unwanted sexual advances from other straight people every day. The ones who react badly are simply bigots, and will be treated as such. ADM Mullen has already said that this is gonna happen. It's gonna be his way or the highway, exactly as it should be.

    And in my personal experience with homosexuals in the military that were "out", few people really cared. A very good friend of mine wasn't being very careful (in foreign countries, white people tend to take note of two white men kissing in public, even if they are ">100 miles from the flagpole") and the most that was ever said to me was that I should tell him to be more careful. There were a few jokes, and some mean graffiti, but that was the extent of it. Another guy was completely open, to the point where in Hong Kong, it was his stated intention to "check out the gay clubs in Kowloon". No one really cared.
    As you all know, I'm 62 years of age, so I posed the concern wondering what younger people's take was. In other words, have people's attitudes changed over the years. I was (and I'm not saying I'm not now) a gay male in the late sixties. I was threatened and intimidated back in the day. It used to be that the police would raid the gay bars, use their night sticks on the customers and then haul them into jail. Obviously those times have changed, but what lies deep in the hearts of men? That is the concern I was expressing. Living in Virginia, I can't tell you how many people talk about homosexuality as being this terrible sin, and one that would send the person to Hell. I confront that stupid kind of reasoning as I challenge their logic, but sadly, those attitudes still persist. I guess what I'm really saying is that I hope that we, as a people who both accept each other and those who are different, aren't being naive. After all, my son's student and friend were indeed murdered after attending the gay pride parade, and in the South. Will those who have the courage to openly be themselves be safe?

  9. #9

    Default

    I'm glad there is an injunction on DADT. It will at least provide a little relief to the service members who are outed. It means they won't be kicked out at least until DADT gets repealed. I'm wondering if those who were kicked out because of DADT would be willing to go back in, and what kind of treatment would they get. I see no reason the being gay would impact combat readiness. In fact, I think it would improve because gay service members won't be distracted with this. As DCviper said, those who don't accept it will be marked as bigots, and it will affect their future in the military. I don't know if they say this anymore, but when I was in, we used to say "We're not black, white, brown, yellow or whatever. We're all blue and gold."

  10. #10

    Default

    Well, I'm a little relieved. When I first saw the title to this thread, I thought a judge had repealed it and proposed straight up requiring the military to ask, and known homosexuals to be barred from entrance. As much as I have a hard time seeing that flying nowadays, I wouldn't be surprised if there was a judge out there trying it. Well, hope this all works out for the best .

Similar Threads

  1. The Canadian Federal Elections!
    By Zeit in forum Mature Topics
    Replies: 27
    Last Post: 20-Oct-2008, 07:00

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
ADISC.org - the Adult Baby / Diaper Lover / Incontinence Support Community.
ADISC.org is designed to be viewed in Firefox, with a resolution of at least 1280 x 1024.