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Federal Judge Issues Worldwide Injunction On Military Gay Ban

October 20, 2010 by  

Federal judge issues worldwide injunction on military gay banA California Federal judge followed up on her verdict last month, which stated that the military's "don't ask, don't tell" (DADT) policy is unconstitutional, by issuing an injunction on Oct. 12 to prevent the government from continuing to enforce it.

U.S. District Judge Virginia Phillips' ruling — which cited free speech and due process violations under DADT — immediately suspends the 17-year ban on openly gay individuals serving in the military. It also compels the government to scrap all discharge proceedings and investigations that are currently under way.

The decision has been praised by gay rights activists and many lawmakers, mainly on the Democratic side. Representative Chaka Fattah (D-Penn.) issued a statement in which he called the worldwide injunction "long overdue," and added that Oct. 12 was "a good day for all Americans."

However, Family Research Council President Tony Perkins disagreed with the judge's stance and accused her of "playing politics" with national security.

"Once again, an activist Federal judge is using the military to advance a liberal social agenda, disregarding the views of all four military service chiefs and the constitutional role of Congress," Perkins stated.

The ruling comes some two months before the Pentagon is scheduled to release the report commissioned by the White House on the potential impact of a DADT repeal. 

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  • Angel Wannabe

    Well_ I wonder how long before they renege this!_This immature, indecisive Administration can’t seem to make up its mind, on anything except the destroying America!__ C’mon November!!_-Lets for God’s sake, get some common sense going on!

    • Robert Bradfield

      Hi, it is that South African again.

      What you are experiencing is exactly what concerns us at the southern tip of Africa. Governments are so caught-up in their own games that there is no real leadership and of course there is a saying: “that power corrupts and absolute power corrupts absolutely”. On the question of common sense someone said: “if sense was so common, why are more people not using it?”

      I hope, from a Christian point of view, that this would be overturned but from my experience it will not be done, you have already mentioned the new world order a couple of times in other discussions and this is one more attack on a conservative value system.

  • http://yahoo jowolo

    This is another example of this administration ignoring the constitution. The military is controlled only by congress which sets regulations and governs the military. The UCMJ was established to put in rules of conduct. The rest of the constitution does not affect the military. They are not subject to the courts.

    • Robert Smith

      What part of “Commander in Chief” don’t you understand?

      The Commander in Chief of the United States armed forces is the President of the United States, currently Barack Obama. This is pursuant to Article II, Section 2, Clause I of the United States Constitution which states that the President:

  • john

    This weakening nation just got more weaker.Who will want to be in a military with people who flout their gay lifestyle..who can use their rank to harass someone,think of the gay military parades and what they’ll do to the uniforms and the shameful behavior,lack of morals,lack of discipline that will enter.I don’t understand why they have to serve as gays and not simply as people..why is it an issue who you sleep with..homosexuality is not a civil right..this society has become so twisted and lost and now perverted.God Bless America..I think not.

    • Robert Smith

      Hey John,

      Try substituting the word “BLACK” for gay. It may give you a clue.

      Rob

      • libertytrain

        not the same thing – your comparing apples to oranges with this one – not apples to apples as a black person would be to a white person – your comparison doesn’t work, try something else.

        • Robert Smith

          From libetrytrain: “your comparison doesn’t work,”

          Why not? There is strong evidence that being gay is a genetic thing, just like being black.

          Rob

          • http://naver samurai

            [post removed for violating policy]

  • FlaJim

    More legislation from the bench. We really need a strong Congress that will tell the judiciary that enough is enough.

    Can’t find my copy of the Constitution right now but there’s an article in it that allows Congress to override any decision made by a federal court. To my knowledge, it’s never been invoked. Now is the time.

    It’s estimated that at least 24% of our military will be lost due to resignations and refusal to reenlist because of this. Why is less than 3% of the population, acknowledged perverts, allowed to dictate?

    Here’s a suggestion: Suspend all new enlistments until this foolish ruling is overturned.

  • Dave from Ohio

    Do these West Coast federal judges have the power to ignore the Separation of Powers provisions in the United States Constitution? They must act only for the area of their own jurisdiction.

  • EltonJ

    All of these West Coast federal judges are a bunch of mindless jerks who will be up against the wall when the Revolution comes.

  • Michael J.

    This is not about civil rights or even gay rights. This is instead an invasion of our conservative minded military by left leaning America haters who also happen to be gay. First infiltrate with the intent to dominate and our military will go the way media, education and government has gone. The architects of “Political Correctness” must be laughing from their graves with amazement at how sucessful their communist subversion plan dubbed “Political Correctness” is working.

  • alpha-lemming

    The wording caught my attention. Exactly what is an “openly gay” service member?? By definition wouldn’t that be like “pink and lavender camo?? high-heel boots?? Kevlar fish-nets?? goo-goo eyes at your fox-hole buddy??” I don’t see how order can be retained on this one-way tolerance street.

    • eddie47d

      Are you trying to add a little humor or are you being ridiculous?

    • http://?? Joe H.

      alpha,
      now you did it, you insulted edduhhh!. he thought his pink and lavender fishnets were in god order!!! Does this also mean his green camo tutu is out as well???

  • JanB

    I agree completely with Tony Perkins. This judge is playing politics. If anything, HER actions are unconstitutional. She has taken over the constitutional job of the Congress AND ignored the expert advice of those truly involved…the chiefs of the military branches. Social “correctness” (HER DEFINITION) comes before national security? I THINK NOT!

    • Robert Smith

      “Social “correctness” (HER DEFINITION) comes before national security? ”

      What about “All men are created equal?” Shouldn’t they be allowed to have equal opportunity for a military career?

      Rob

      • http://naver samurai

        All men are created equal means that we are all created equal in the eyes of God. FOR GOD AND COUNTRY!

  • azwayne

    With a tiny bit of common sense congress this judge should be impeached. Her misuse of constitution has NO authority. The federal government taks pentagon with job to protect country. They make rules and regulations to do such. Keep the liberal queer judges out of our business. Why was military given right to own UCMJ to control and manage their activities? All gays have ever wanted is attention, any way they can get it. too bad this country has lost a simple thing, “common Sense”

  • http://com i41

    Just more of the pusifing of the American males and society. Since the chocolate muslim overeducated lab pooch keeps promoting more segregation and muslims and fuitcakes. For puke minorities. The best thing is to create a muslim faggot battalion to do the pick road ditches and laterine construction. It will be called the “Lavender Rug Rumpers” motto “Ideological Perverts Who Stink”.

  • William

    My concern is not so much about right and wrong as it is that a judge can over rule congress and interpret our constitution any way they please.Life time appointments should be abolished.As long as this nation remains as a democracy whether we like it or not The Majority should rule not the minority.

    • Robert Smith

      “The Majority should rule not the minority.”

      I hope you keep that perspective when pot is legal in California.

      I hope you support the assisted suicide laws in Oregon. They voted on them twice.

      Rob

  • http://com i41

    Life time appointments for anything, are always wrong. Nobody is all wise and indespensible. Term limits, for anyone one in any government position is warrented. Congress need to leave the 2 years for representivies, 6 years for a senator, but make them sit out twice the years they served before running again and cannot be lobbyists of any type with state of federal government entities or have any contact. Violate the standards and get 20 year mandatory jail sentence and become a felon, of course that would keep the democrat party in plenty of party leaders.

  • http://Walkermedia.org ARTHUR

    AS LONG AS GOVERNMENT ELECTED PEOPLE PUT UP WITH THIS OUT OF CONTROL JUDGE OPINION, THE FURTHER WE ASCEND OR DECEND INTO THE BRITISH RULE BY THE COURTS…CONSTITUTION PUTS THE CONTROLS IN THE SENATE, HOUSE, NOT THE JUDICIARY, BUT THESE WARPED MINDED JUDGES SEEM TO THINK THEY RULE THE WORLD. EVER WONDER WHY A JURY? IT IS TO OVERRIDE THE JUDGE IF HE IS OUT OF ORDER, REMEMBER, WE THE PEOPLE? STILL WE THE PEOPLE, BUT LOOKS LIKE SOME MUSCLE WOULD REAFFIRM THAT TO THESE GLORIFIED LITTLE PIP SQUEAKS WHO CLAIM SO MUCH AUTHORITY…

  • sam

    Now that the adoration of the ONE is slowly diminishing it might have to take a banana
    Republic revolution remove those clowns from office.
    Keep your powder dry!

  • 45caliber

    Well, Oblama did say he wanted to cut the military by 25%. And for some odd reason, 25% of the military said they would resign rather than serve with openly gay people.

    • Robert Smith

      Hey 45…”And for some odd reason, 25% of the military said they would resign rather than serve with openly gay people.”

      What is the source of that diaper load?

      Rob

  • ChuckL

    This judge is clearly wrong. DADT as implemented is in compliance with the First Amendment’s first clause. it does not make any religion recognized and it dies not prohibit the free exercise of any religion.

    Repeal of DADT, however clearly violates the First Amendment by recognizing and giving precedence to the religion of Atheism. It also violated the free practice of religion of anyone who believes that homosexuality is prohibited by his faith.

    It seems that DADT is constitutional and repealing DADT is what is unconstitutional.

    • Robert Smith

      Here’s a joke from ChickLs: “It also violated the free practice of religion of anyone who believes that homosexuality is prohibited by his faith.”

      You are NOT allowed to impose your religion upon anyone else. This is AMERICA and religious rules don’t run our society, or our military.

      BTW, can you explain how anyone can become gay if they aren’t? What would it take to change you?

      Rob

  • Vigilant

    As I write this, the Appeals Court has stayed the order, so DADT is still in effect.

    If openly gay folks are allowed to serve, I wonder what will happen the first time a Muslim member of the US military is accosted by a gay fellow serviceman. If the Muslim commits a violent act against the gay in reprisal, which side will the military justice system support?

    • libertytrain

      that’s a tricky one – could go either way. Or just a canceled out effect.

  • s c

    As I recall, America’s “first” black prez [Bubba Clinton] was in the White House when DADT started. It was implemented to aim a pc body blow to the military, and make lots of new ‘friends’ at the same time.
    If a judge thinks it’s now unconstitutional, then aren’t we being fed mixed messages on purpose? It sure sounds as though some people refuse to be happy. I have to conclude that no matter how flexible you try to be, bending over to ‘please’ others just isn’t worth the trouble.
    Common sense would seem to dictate that if gays didn’t try to get into the military, the old issue would be solved, they could get on with their lives
    and the military would no longer be bothered with a bs issue that shouldn’t exist in the first place.

    • Vigilant

      Excellent point, s c, and it reveals the true nature of the activist judges on the bench today. The 9th Circuit is the best example of judges interpreting the Constitution to fit their flavor-of-the-week leftist tastes.

      This double interpretation of the law, solely dependent upon timing, belies any contention that judges are impartial, and demonstrates the absolute disdain they have for a solemn oath of office.

  • janice grubbs

    WHAT THE HECK DOES “NO ASK – NO TELL” GOT TO DO WITH FREE SPEACH ???? Does the member say hello before it’s inserted into the tunnel to make whoopi………By the way won’t high heels cause a marching problems. Klinger was funny, but this is REAL AND SICKENING.

    Our country is turning into joke. This is another nail in our coffin and we had better get busy stopping all of this crap and insanity. If not it’s all lost and we can rename the country the USSA.

  • J. BURKE

    THE 9TH CIRUIT COURT IS ONE OF THE WORST IN THE COUNTRY. IF SOMEONE ON THE LEFT WANTS A DECISION IN THEIR FAVOR, THIS IS WHERE THEY GO. I BELIEVE WE THE PEOPLE SHOULD DEMAND FROM OUR REPRESENTATIVES THE ELIMINATION OF LIFE TIME APPOINTMENTS AND OUR REPRESENTATIVES START DOING THEIR JOBS WITH CLEANING UP THE MESS IN DC. WE HAVE ELECTIONS TO BE USED FOR TERM LIMITS. LET’S PUT THE JUDGES ON THE SAME BALLOTS. .

  • Idiots on the bench

    There is no place for a civilian judge to issue a ruling within the military. The Military has its own judicial system, and everyone else needs to stay out of it. We don’t even need reporters going to war and showing the world what goes on. All we need to know is that our military kicked ass or not. if we are in a “war” then fund them, help them out every way you can, but rulings like this make soldiers worried about stuff they don’t need to. Their lives are at stake and activists are just making it that much more difficult.

    Stay out of the military and let them be the “Bad-asses” we need right now, and I guarantee you they will do just fine. They have thus far.

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