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US judge orders an end to DADT military policy, issues injunction


Posted: Oct 12, 2010

America's "don't ask, don't tell" policy, which bans gay men and women from serving openly in the US military, suffered a potentially crippling blow tonight after a federal judge ordered a halt to its enforcement.

The move, which could bypass political deadlock on the measure in Washington, sprang from a court case brought by a Republican gay rights group – the Log Cabin Republicans.

US district court Judge Virginia Phillips ordered an immediate worldwide injunction on the 17-year ban after hearing lengthy arguments in the case, which was first brought in Riverside in southern California in 2004.

Gay rights groups hailed the decision as historic, putting an end to a practice that they say is both prejudiced towards gay people and harmful to the military, as it kicks out experienced soldiers at a time of numerous conflicts around the world. "The order represents a complete and total victory for the Log Cabin Republicans, and reaffirms the constitutional rights of gays and lesbians in the military for fighting and dying for our country," said Dan Woods, a lawyer for the Log Cabin organisation.

But the reality is not quite as simple as that....

See link for remainder of article. 

;

My two cents - for what its worth

[ In Reply To ..]
When a person joins the military they join to serve and protect the country. Being gay (or not being gay) should never come up or be discussed. When I was in, whether or not someone was homosexual or heterosexual never came up. That's not why we are there. People are supposed to join to protect the country. Not talk about your sexuality. There is no reason whatsoever anyone needs to know what sexual preference you prefer. That is not what the military is for.

If it's going to be flaunted out in the open and made a big deal of then people who don't want to serve should have the right to be able to leave.

People need to get their priorities straightened out.

I'm sorry I have not read the article yet. I just don't agree that someone's personal lifestyle should be out in the open, that's not what the military is for. In the military we learn weapons, NBC, fighting our enemy, escape and evasion, how to dig a fox hole, how to set up a claymore and use the law and guns, how to dismantle the gun in the dark, etc. Not who we want to sleep with.

Call me a simpleton if you will...join the service to serve and protect the country. Keep your personal life to yourselves no matter which you prefer.

Your homophobia is showing. Do you - think that gays S/M

[ In Reply To ..]
would "flaunt" their lifestyle if this policy was abolished? Do heterosexuals flaunt their lifestyle while serving? You completely miss the point. It WOULD be a nonissue if this was abolished. What do you envision happening? Gays walking around the desert like in a gay pride parade? LOL. This is silly. Just because a person happens to be gay does not mean that they have any less dedication or integrity in fighting for our country. What are you so scared of?

I think you are the one with homophobia - see message - - for what its worth

[ In Reply To ..]
1. I didn't say there would be a gay pride parade in the desert.

2. Have you never heard of the word "flaunt". Flaunt means "to show something off". My aunt "flaunts" her religion around with her huge flashing rhinestone "Jesus" pin, and I say it all the time to her. When she asks me why I don't go to her church and join her in going door to door to talk to people I tell her "I don't flaunt my religion in public".

What kind of a question is what am I scared of. - How about nothing since I work with, have relatives who are gay, and had a relationship with a woman many many years ago. Try not to assume my dear.

You missed my point. I don't understand - why you think sm
[ In Reply To ..]
that if the DADT policy was ended that gay soldiers would "flaunt" their sexuality. I believe that gay soldiers have the same priorities as straight soldiers when it comes to serving and protecting our country. How would you feel if it was reversed and heterosexuals were supposed to hide who they were and if someone found out about it, you were discharged from the service? How would you feel if your significant other/partner got very ill and was in critical condition here in the states and you could do nothing about it, could say nothing about it because you might be kicked out of the service? A straight soldier could probably return to the states if that happened or at least be able to express his/her concerns about the situation. A gay soldier has to hide this relationship. How sad is that? This is just one example of how this policy "sucks" so to speak. So yes, I do think your vision of what would happen if DADT were overturned is a bit homophobic. IMO, what would happen is that gay soldiers would be able to service their country without having to constantly worry that they will be "found out". That's it. No flaunting involved at all.
I understand what you are saying and you totally missed my point - for what its worth
[ In Reply To ..]
First whether or not someone is gay should make no difference. If someone is willing to give up their life to fight and protect our country then that is great. We need more people who are patriotic, no matter whether they are gay/straight, man/woman, democrat/republican, christian/jewish (etc, etc).

My point that you missed is this... The military is not a place to be focusing on someone's sexual preference. You want to serve that's wonderful, but whether you are in a heterosexual or homosexual relationship is your own business. When I joined the Army we were a team. Our unit focused as a group of one. We all supported each other, learned to care for our fellow soldiers, carry them out of danger spots if needed, performed first aid, helped man the M60 if they were down, called the chemical sirens if we were being gassed, etc, etc. It was not a place where we focused on who we wanted to sleep with. That is not what the military is for and that is the point I am trying to make. Stop making (not you personally, but the system in general) sexual orientation a focus. At this time nobody is being kicked out of the service if anyone finds out they are gay. I do believe President Clinton signed that into effect. A straight solder still cannot run to the United States if a wife/husband is ill, unless it's a special circumstance. They still have to do the proper paperwork procedures and it doesn't always work out. However, it's not like what you wrote. Gays are not being denied while straights are being approved to come back for a sick partner. As it stands right now there are gays in the military and they are very open about it. My husband had a fellow soldier in his unit that did "flaunt" it in the open talking about how he'd like to re-design the uniforms, have special days, etc. He was a very "colorful" member of the unit and he always like to joke around and made people laugh and was a great soldier. He was treated no different than anyone else. So yes, some do flaunt it.

All I'm saying is this...if you are willing to give up your life to fight for me and my friends so that our country remains safe then I applaud anyone for that. Without people like them our country would be nothing. I love them for doing that for me and it brings tears to my eyes to know exactly what it is they are sacrificing (went through it myself). But I don't want to hear about your sexual preference or what they do in their personal life no matter who they wish to be with. That's not homophobic, that's called sorting out your priorities and leaving your personal life personal, and that's not what our military is for.
I understand your point, but I think if - DADT was SM
[ In Reply To ..]
abolished, the only thing that would change would be that gay soldiers could stop worrying about being "found out" and it actually might relieve some of the tremendous stress they are under while being in a war zone. I think they deserve that at least. I don't think that things would start to focus on sexual orientation. All of the things you describe as the job description are admirable, incredibly heroic, but I don't think that would change. If gay soldiers are doing all that you describe, don't you think they deserve equality above all? Sexual orientation should not be an issue, you are right, but it is with DADT. I have no beef with you, and I appreciate that we can have an intelligent back and forth without resorting to nasty drive by posts. :)
I totally agree with you 100% on all issues - for what its worth
[ In Reply To ..]
The only part I disagree with just a little bit is I do not believe any of the soldiers are worrying about this. I think it's all political and coming from the politicians. I thought Bill Clinton cleared that up, but I'd actually have to read up more about that and what he did.

Everyone deserves equality. I just really hate when people start using gay issues for political purposes. I forget what poster suggested I was homophobic, but I also don't like being told I'm homophobic especially since I used to be in a relationship many years before I met my DH. I'm also for gay marriage and other issues. Every person in the country deserves the same rights. No more and no less.

I too am glad we can have a decent conversation without going off on each other. I think in the beginning tempers flare, but once we start conversing and learn a little more about our viewpoints then it all works out in the end.

Thanks for your thoughtful post. I will agree with you on this.

One other note - see message - for what its worth

[ In Reply To ..]
My original message stated that you join the service to protect the country. That is supposed to be the #1 priority. Serve and protect the country. When I was in we learned weaponry, chemical warfare, escape and evasion, how to set up claymores, use the M15 and M30s and other weapons, etc, etc, etc. That was our #1 priority - serving and protecting.

Yes we had gays in the military when we were in but everybody kept their personal lives to themselves. Nobody knew anyone's personal lives and that is the way it should be. That's not why you join.

Your reply does not even correspond with my message. If your purpose was that you want to argue with someone for the sake of arguing and you jumped at the chance to use the word "homophobia" you most definitely have the wrong person since I had a relationship before and in the future with the right person would definitely have another relationship with someone.

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