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Federal Judge Declares U.S. Military’s Ban on Gays As Unconstitutional

Posted by ralph on September 9, 2010

Gays in the MilitaryThe AP via Google News reports:

RIVERSIDE, Calif. — A federal judge in Southern California on Thursday declared the U.S. military’s ban on openly gay service members unconstitutional.

U.S. District Judge Virginia Phillips granted a request for an injunction halting the government’s “don’t ask, don’t tell” policy for gays in the military. Phillips said the policy doesn’t help military readiness and instead has a “direct and deleterious effect” on the armed services.

The lawsuit was the biggest legal test of the law in recent years and came amid promises by President Barack Obama that he will work to repeal the policy. Government lawyers argued Phillips lacked the authority to issue a nationwide injunction and the issue should be decided by Congress.

The injunction was sought by the Log Cabin Republicans, a 19,000-member group that includes current and former military members. Government lawyers argued that Phillips lacked the authority to issue a nationwide injunction and Congress should decide the policy’s fate.

The U.S. House voted in May to repeal the policy, and the Senate is expected to address the issue this summer.

Read More: AP via Google News

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  • http://voxmagi-necessarywords.blogspot.com/ VoxMagi

    Every once in a while…something comes along that gives me a genuine non-sarcastic smile. This is one of those moments.

  • Andrew

    Damn, one less way to avoid a draft.

  • E.B. Wolf

    Let’s give a big “it’s about fucking time” to the U.S. District Court. This decision is a no-brainer on par with the Vatican acknowledging that the Earth is not the center of the universe hundreds of years after the fact.

  • A Bad Joke

    “The military will let gays serve openly once the Navy lets heterosexuals serve openly.”

    -Christopher Tosh

  • Butter Knife

    I’ve heard that the Society of Friends is running a perpetual open enrollment for anyone who wants in: religious deferral, a sect that’s almost entirely compatible with (and appears to be a major inspiration for) secular humanism, tolerance for a relatively broad range of religious beliefs within the sect, and the issues on which the sect is most steadfast are human and civil rights and radical pacificism.

    Not such a bad idea, if you think about it.

  • Oknotko

    I think Bill Hicks said it best – “Gays in the military . . . here’s how I feel about it, alright? Anyone . . . DUMB enough . . . to want to be in the military, should be allowed in. End of fucking story. That should be the only requirement.”

  • gemmarama

    how cute would it be if they got wee rainbow badges on their uniforms?

  • Baritone

    Judge Phillips’s decisions are appealed to the ninth circuit, which is stacked with radicals who routinely ignore the Constitution and precedent law, and is the most overturned Federal court…

    Additionally, the “gay rights” lobby has very successfully used specious charges of “homophobia” to divert attention from the well established fact that homosexuals are _far_ more likely than heterosexuals to rape and sexually abuse children. Historically speaking, “gay rights” have been _very_ closely associated with attempts to lower or eliminate the age of consent — a 1981 NAMBLA publication stated “Gay liberationists in general, and boy-lovers in particular, should know [Alfred] Kinsey’s work and hold it dear.” NAMBLA has, historically, had a close relationship with prominent and influential gay leaders and has marched in “gay pride” parades, and until they caved to negative publicity prominent homosexual publications (e.g., The Advocate) routinely feature advertisements and solicitations aimed at homosexual chickenhawks who prefer underage partners. “Boy lovers” are seen as a natural extension of the homosexual movement.

    A comprehensive, large scale study (Gene Abel et al., Self-reported Sex Crimes of Nonincarcerated Paraphiliacs, Journal of Interpersonal Violence 3, 5-25, 1987) revealed that self-identified homosexual pedophiles “sexually molest young boys with an incidence that is occurring from five times greater than the molestation of girls” by heterosexual pedophiles. Though homosexuals comprise only about 2% of the population, they commit between 25% and 75% of all child sex abuse, depending on the particular study. Even a pro-gay publication (Karla Jay and Allen Young’s “Out of the Closets: Voices of Gay Liberation”, 1972) found that 50% to 75% of adult homosexuals had sexually abused children, a rate astronomically higher than of heterosexual abusers.

    None of this is to suggest that _all_ homosexuals are predatory pedophiles. Rather, the evidence _strongly_ supports the conclusion that a large subset of homosexuals are actively and proudly devoted to sex with teenagers and children, and often have the tacit or explicit support of the larger homosexual community.

    Remember those facts in “gay rights” contexts…

  • gemmarama

    does “your mom/vox penii” have a new name?

  • http://voxmagi-necessarywords.blogspot.com/ VoxMagi

    Well …as long as its not pink triangles all over again…I’m game. ;-)

  • http://voxmagi-necessarywords.blogspot.com/ VoxMagi

    Good point,…although they may still draft a person…it guarantees a non-combat role where violence won’t be employed. It’s that or go Amish ;-)

  • Word Eater

    Actually, homosexuality (or bisexuality or heterosexuality) is completely removed from pedophilia. Psychologically, the two behaviors are not linked.http://www.psychologytoday.com/blog/gays-anatomy/200809/homosexuality-and-pedophilia-the-false-linkhttp://psychology.ucdavis.edu/rainbow/html/facts_molestation.htmlAnd debate still rages: http://www.wnd.com/?pageId=13722The misperception boils down to this: a grown man who molests young boys is not necessarily homosexual. The pedophile is attracted to children because they are children.http://www.webmd.com/sex-relationships/features/explaining-pedophiliaUnless you value the opinion of the Vatican over the opinion of people who actually study this sort of thing.http://www.catholicnewsagency.com/news/pedophilia_is_not_linked_to_celibacy_but_homosexuality_says_cardinal_bertone/

  • Anonymous

    It’s interesting how these whacktards, the Log Cabin Republicans (or Neocon Gaytards), manage to do something which the ACLU effs up?

    Over the last 20 years, I can’t help noticing that the ACLU is pretty ineffective on those public issues, but darn well highly effective in their litigation on behalf of coporate rights?

    Which brings up other supposed “liberal” organizations, which are anything but: the entire conservation lobby has long since been coopted by the ultra-rich, utilized to hide private ownership of lands, and for massive tax evasion purposes.

    Take the Nature Conservancy, foreign-owned, if one looks into their recent purchases, after buying land they then sell it off to foreign companies at relatively cheap prices (that’s American land I’m speaking of).

    And the League of Conservation Voters — routinely takes opposite sides to Greenpeace (and while I think Greenpeace has been severely compromised over the past decade, they are led by honest people). Nope, the League of Conservation Voters always seems to side on behalf of Goldman Sachs, Morgan Stanley, JP Morgan Chase (and their financing appears to track back to Koch Industries).

    Interesting…..very interesting……