A U.S. District judge in California has ruled that the ban on gay people serving openly in the military is unconstitutional. The case, by Log Cabin Republicans, included testimony from Air Force Major Mike Almy and others about the hardships they faced under Don't Ask, Don't Tell.
In her memorandum opinion, U.S. District Judge Virginia A. Phillips writes:
[T]he Act's restrictions on speech not only are broader than reasonably necessary to protect the Government's substantial interests, but also actually serve to impede military readiness and unit cohesion rather than further these goals.
Judge Phillips stayed her own ruling to give the government time to appeal. The full opinion's here (pdf).
(H/T: @GottaLaff, for tweeting us during the show.)
Leave a Comment:
Proper progress.
The money quote from the conclusion: "Plaintiff has demonstrated it is entitled to the relief sought on behalf of its members, a judicial declaration that the Don't Ask, Don't Tell Act violates the Fifth and First Amendments, and a permanent injunction barring its enforcement."
I hate that the DOJ will almost certainly appeal this decision. This kind of ruling is something that many have said is what needs to happen. It makes sense that if the White House acknowledges that the DADT policy should be repealed, they should stop enforcing it so that the military loses no more important members of the service. This judge has paved a road for this to be done.
I can't see why it should be appealed logically, except for fears of conservative backlash. We are still allowing for the survey (which is another issue I won't get into here), so what is wrong with suspending the discharge of soldiers who have done nothing to deserve being fired by the country and government they serve so bravely?
Still, I am so happy for this decision, it certainly is progress and it is great that it was a case brought up by Republicans. Maybe that will show to many that this issue is non-partisan. Sen. McCain, I'm talkin' to you!
Yes there will be some seeming wasted effort here but let this play out. Just because the DOJ appeals this is not of and by itself a bad thing. With each judicial level being forced to come to the same logical conclusion there will be more pressure for the DOD dinasaurs to do the right thing and if the congress does indeed flip then the same court that the regressives have been trying to pack are going to have to inorder to honor the right wing mantra of "it is all about the constitution" going to end up being hung on their own petard.
As an old retired military straight guy this is way past due. All of the trumped up garbage about unit cohesion yadda yadda is about to go away. The people that are protecting every one elses right to free speech and association are obviously under many constraints because of UCMJ but it has never meant those same troopers, sailors and airmen would or should lose the most basic of them in order to defend them for the rest of us.
I give this about a cocaine heartbeat before the religious right finds a new bright shinny object to obcess about, maybe this will even make them forget their Islamophobia because we all know the real down fall of this land will be those danged gays and lesbians. Why can't they just accept their place as tools to help Republicans win elections with the votes of dim witted people?
A Julius Caesar report to the Roman Senate was unearthed today and assumed declassified. The emperor's succinct communique as to the battles in Turkey were as follows. "I came, I saw, I conquered, I did not ask, I did not tell."
WOW! I'm truely amazed. Here we are 9 years almost to the day and no-one has asked one of the most crucial questions of this decade. WHERE DID THE 2.3 TRILLION DOLLARS GO?
On September 10, 2001 Donald Rumsfeld announced that 2.3 trillion (yes, that's 2.3 with a lot of zeros after it) dollars could not be accounted for by the Defense Department. Next day the Twin Towers are hit.
Here we are 9 years later and not one word of this 2.3 trillion dollars. Meanwhile tax payers are footing the bill for 2 wars.
Where are the democrats in demanding accountability? This did happen while republicans where running the country, yet nobody is bringing up that story.
If the dems were smart, they'd see the value in addressing this issue NOW, before november elections.
Come on people, wake up.
Judges ruling that the ban on gay marriage and that Don't Ask Don't Tell are both unconstitutional? Now THAT is judicial activism is can get behind! Keep it coming! The is a rising tide from the Right threatening to wash away all that is great about our nation. Acts like these helps give truth to the otherwise empty words "liberty and justice for all."
Notice the suit was files by the "Log Cabin Republicans"?
In 1992 I heard Elton John speak on what it was like to be openly gay at a Log Cabin Republican Meeting promoted to the public. Back when it was hard to be openly gay, these people were openly gay REPUBLICANS. That was really, really hard, nobody on the left gave them moral support and other Republicans, come on.
They are still acting with courage and deserve more public recondition than they have gotten.
How is applying the letter of the constitution activism? Typical wing nut, you don't know what the hell you're talking about. The Constitution doesn't just apply to straight white men.
Funny none of you clowns cared about the deficit when Bush and the regressives were spending money hand over fist. The party of hypocracy at it's finest. lol
Rachel does not mention the fact that the" Log Cabin " Republicans brought this suit. Her party did not do anything about it. She has a difficult time giving credit to a Republican.
Why don't you watch the clip and tell me what happens at the 41 second mark before I start drawing conclusions about what you have a difficult time doing.