Gay Military Service Ban Ruled Unconstitutional

(AP)  Updated at 10:02 p.m. ET

A federal judge in Southern California on Thursday declared the U.S. military's ban on openly gay service members unconstitutional because it violates the First Amendment rights of gay and lesbians.

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 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.

"Don't ask, don't tell" prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base.

Log Cabin Republicans said more than 13,500 service members have been fired since 1994.

Attorney Dan Woods, who represents the group, contended in closing arguments of the nonjury trial that the policy violates gay military members' rights to free speech, due process and open association.

He also argued that the policy damages the military by forcing it to reject talented people as the country struggles to find recruits in the midst of a war.

U.S. Department of Justice attorney Paul G. Freeborne argued that the policy debate is political and the issue should be decided by Congress rather than in court.

Six military officers who were discharged under the policy testified during the trial. A decorated Air Force officer testified that he was let go after his peers snooped through his personal e-mail in Iraq.

Lawyers also submitted remarks by Mr. Obama stating "don't ask, don't tell" weakens national security.

[JTK676]

Nmmrng you are obviously a gay troll, crawling the web and attacking anything not "gay" which is common with gays. You attack marrage, straight guys, and anything that is seen as conservative or traditional. I served in the US Navy for 4 years and knew of 5 guys that were gay on our ship. They didnt flaunt it, but it was obvious and one of them was a COREMAN, a coreman of all people should not be gay on a ship, they are responsible for the medical wellfare of shipmates and here this guys is examing balls and bodies.
I would not have joined the Navy if I knew that guys with "lisps" were let in, as soon as my 4 years was up I was out. Its not that these guys are gay but that they make us straight guys uncomftorble in our own homes. ie: Berthing. You take a shower and spot that gay fck checking you out when your getting out. Crap like that makes me have the absolute lowest opinion of gays and for the dam government to put that kind of pressure on our troops angers me to no end.

I dont give a crap if you want to be gay, I dont care what you do with your time, but the fact of the matter is you are attracted to men, and I dont wanna be changing in my uniform or vice versa two bunks away from you. If they make this change they better make special quarters for these guys away from straight guys, even though im sure you would hate that.

My ship had a crew of roughly 300, out of 300 we had 5 gay guys. The only reason I knew these guys were gay was because one was my friend and admitted it, and told me of the others. I didnt turn him in or anything, but it bothered me. And yes he knows what I think about this subject.

Changing somthing so serious to serve less than one percent of servicemembers is wrong, and vile. Its nice to know that once again liberals crap on anyone thats in the way of their agenda, never once do they make any common sense decisions, its always based on greed and manipulation. You'll do anything for a vote.

Im so glad im out of the Navy, you ask any military men and they will tell you, it just keeps getting worse and worse and worse. We are at the point where the guys that a worth a shlt get out, and the dirtbags stay in because they can skate by. No not all, but most of the guys on my boat who were the intelligent overachieving engineers etc... all got out. Only one guy who was a really good soldier stayed in. I remember guys getting out after 14 years of service, and they were great guys, they just couldnt take the political bullshlt that keeps getting worse. All of this was due to reasons other than what we have on our plate now and it just underlines how clueless and stupid people are. You can swear up and down, left and right that you were in the military, but I can say, from a servicemans perspective this is wrong in every way and honestly put a fire in my heart against gay people. Nothing is enough for gays, its never enough, you just like everone else who screams "persecution!" feed off the belly of honest good citizens. I cant wait to stamp you out.

[digrawg]

I look forward to the day when sexual deviants are allowed to adopt children and serve openly in the military. I can't believe that anyone would condemn or oppose this! I am in the Navy and I want our homosexuals to be free to tell us about their sexual deviation and I want them to be loud and proud! I want to be able to look around me and 24/7 on a 6 month deployment and take comfort in knowing that the people who I'm working closely with and sharing living quarters with are sexual deviants. I want them to be able to walk around on the boat all day long proclaiming their deviation for me and all of my fellow honorable servicemembers to hear, including the Captain, the Commodore and all of the marines on the boat! I will not rest until sexual deviants are practicing their deviation openly, loud and proud, in full military uniform. Dear God please get them into the service. And to those of you that are in the service having to conceal your sexual deviation; thank you for your service! We're gonna make sure you can be open, it might take some more work, but we'll make it happen!!! God bless you guys

[ozilot]

Really all of this arguing about DADT is silly.

If you don't like the idea of Gays in the military, don't join, after all we have an all volunteer military.

[Lawyers-Guns-n-Money06]

It's an aberrant life style choice and just don't see why so many people support it. Don't they realize how it's tearing the fabric of our nation apart? There are people who believe that they are born that way but I think being a bigot is a choice.

[democracy5]

"...but I think being a bigot is a choice."

Yep, and you made it.

[ozilot]

Nmmrng September 10, 2010 12:39 PM EDT
________________________________________

I think the real problem is they're not getting enought hummers!

[starving1968-3]

by vnveteran-2009 September 10, 2010 12:27 PM EDT

Moral of the story, "No room for such in the USMC."







Welcome to 2010.

[vnveteran-2009]

True story:
I arrived at Marine Corps Recruit Depot Parris Island, S.C. on November 3, 1969. Assigned to 2nd Battalion, Platoon 2075.

All recruits were referred to with rank and last name: Private Jones, Private Smith, etc.

After about a week of training one recruit in my platoon decided he had had enough. He went to the senior drill instructor and declared he was a homosexual. The recruit disappeared for the day and returned the next morning. He had confessed he was not truly homosexual but just wanted to get out of the USMC. The USMC said he had to fill his contractual obligation and he should fininsh basic training and do so.

This was well and good with everyone except the Senior Drill Instructor. He had no choice but to keep the recruit in our platoon. The Senior Drill Instructor called the recruit front and center of the platoon's squad bay and annouced, "From this point forward you are no longer Private "Jones," you will be know as Private "Peterpuffer." And so he was.

Moral of the story, "No room for such in the USMC."

[ozilot]

Did Private Jones finish boot camp, did he suffer the slings and arrows of outrageous fortune...if so then the moral would be that character not orientation is the proof of one's manhood or humanity.

On personal note I have never met a Marine Drill Instructor who didn't disdain any of his recruits for being the mere mortals that they are, regardless of their sexual orientation...in fact I'm sure Drill Instructors the world overall regard their recruits as being ****** and little girls...just a thought

[ozilot]

Nmmrng September 10, 2010 12:39 PM EDT
________________________________________

I think the real problem is they're not getting enought hummers!

[golfguy65]

Just find another judge that will overturn this silly decision. Judges are a dime a dozen, especially on the west coast. Seems odd that this is occuring now, after all DADT has been a law for about 17 years now??

[starving1968-3]

What makes it "silly"?

The "equality" part or the "civil rights" part?

[Brokennews]

Looks like the marching cues of:

"I don't know, but I've been told, Eskimo &%$#@ is mighty cold."

Will change to:

"Hello, Dolly, well, hello, Dolly It's so nice to have you back where you belong"

Seriously, I don't see it a big issue were it counts, in combat. A gay guy wants to get out combat alive just as badly as a straight guy. I do think there will be some issues that will arise that will be uncomfortable for many. I think there will be some problems with straight guys not being comfortable showering or bunking with gays. Should there be? No! Will there be? You bet there will be! It's easy for some to say "Too bad! you have to shower with the gay guys!" But if you really understand human nature (ie bigots, homophobes) you know deep down that there will be some ugly incidents. Unfortunate & sad? Yep! Predictable reality? Yep!

[ozilot]

by Nmmrng September 10, 2010 11:19 AM

Yes war is hell...

But you're wrong about olive-drab, it's the new black...

And by the way to win a war and look truly faboluos doing just check out them marines!