Judge declares U.S. military's 'don't ask, don't tell' policy unconstitutional

[Glöwworm]

A federal judge in Riverside declared the U.S. military’s ban on openly gay service members unconstitutional Thursday, saying the “don't ask, don't tell” policy violates the 1st Amendment rights of lesbians and gay men.

U.S. District Court Judge Virginia A. Phillips said the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

Phillips said she would issue an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.

The ruling comes just over a month after a federal judge in San Francisco tossed out California’s voter-approved ban on same-sex marriage, providing back-to-back victories for gay rights advocates seeking policy changes in the courts that have eluded them in Congress and at the ballot box. The case was filed by the Log Cabin Republicans, the largest political organization for gays in the GOP, in 2004.

[Updated, 6:30 p.m.: "As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane ‘don't ask, don't tell’ statute violates the Constitution,” said R.Clarke Cooper, executive director of the Log Cabin Republicans & Liberty Education Fund. “Today, the ruling is not just a win for Log Cabin Republican service members, but all American service members."]

The ruling is expected to intensify political pressure in Washington to act on legislation to repeal “don’t ask, don’t tell," which remains stalled in the Senate despite support from President Obama and the Democratic congressional leadership.

President Obama has called the ban a threat to national security, and the U.S. House in May passed legislation to repeal “don’t ask, don’t tell” if an ongoing Pentagon study determines the military can adapt to the change without harming defense readiness.

Despite Obama’s criticism of the policy, the Justice Department vigorously defended “don’t ask, don’t tell’’ and even tried to undercut the case with a technical legal challenge over whether the named plaintiffs were dues-paying members of the organization that filed the lawsuit: the Log Cabin Republicans.

source: http://latimesblogs.latimes.com/lan...ly-gay-service-members-unconstitutional-.html

 

[Xsyven]

Man, now I can't use my gayness as a way out of serving.

 

[El Nino]

It can be taken as a victory for LGBT rights.

But more than anything, it goes back to the focus in recent years on matters pertaining to national security. I don't think the government really wants to have more restrictions on military recruitment right now. The Army lowered some of their requirements when the wars started, allowing people to join with criminal backgrounds and drug histories.

Comes a bit late now that the U.S. combat mission in Iraq is over, but there is still Afghanistan, and the supporting mission in Iraq.

Edit:

Man, now I can't use my gayness as a way out of serving.

Try committing a couple felonies. Or blind yourself in one eye.

 

[Patinator]

It's about time.

Being able to join the military should be based on your physical and mental ability to handle it. Sexual orientation doesn't have anything to do with physical or mental ability to perform stressful things, and handle them.

 

[Namaste]

Too many good posts in this thread. Here's a post I found on Rapture Ready!

Think of our returning troops--real men like our fathers and grandfathers-- receiving a heros' welcome after WW2 with parades and celebrations in the streets as they waved to the adoring crowds.

Now imagine a military float in the annual gay pride parade in NY or SF ......enlisted men representing our Army, Air Force, Navy, and Marines in tutus and evening gowns.

My heart breaks for the children coming up in this broken nation of ours

 

[Merkuri]

Aw ****. Now our troops are going to have to worry about gay soldiers trying to touch them at night. This sucks >_<

 

[Pluvia]

Looks like America is slowly catching up with the rest of the world.

That's good to see.

 

[Evil Eye]

Aw ****. Now our troops are going to have to worry about gay soldiers trying to touch them at night. This sucks >_<

I want to believe this was said sarcastically.

I want to, but I just can't convince myself.

 

[freeman123]

Of course it's unconstitutional. I don't see how "Don't ask, don't tell" is any different from saying "No gays allowed."

 

[GreenKirby]

Aw ****. Now our troops are going to have to worry about gay soldiers trying to touch them at night. This sucks >_<

Great, I can't tell this is sarcasm because some people actually think like this.

 

[El Nino]

Here's a post I found on Rapture Ready!

I initially misread that as "Raptor Ready" and was very confused.

Aw ****. Now our troops are going to have to worry about gay soldiers trying to touch them at night. This sucks >_<

Well, think about it this way. The more gay people we have in the military, the less gay people we'll have on the streets corrupting the children.

 

[#HBC | Acrostic]

Anticipating a 2010 remake of The Quiet American. Albeit with none of the original plot.