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Ninth Circuit Rules Against Military's 'Don't Ask, Don't Tell'
CNS News ^

Posted on 05/21/2008 4:37:24 PM PDT by Sub-Driver

Ninth Circuit Rules Against Military's 'Don't Ask, Don't Tell' By Pete Winn CNSNews.com Senior Staff Writer May 21, 2008

(CNSNews.com) - The future of the military's "Don't Ask, Don't Tell" policy was cast into doubt on Wednesday.

The Ninth Circuit Court of Appeals in San Francisco, Calif., ruled that it is no longer enough for the military to state the policy -- which says that "homosexuality is incompatible with military service" -- when it discharges members of the armed services it discovers to be homosexuals.

In a split decision, a three-judge panel ruled that the U.S. Air Force will have to prove why it discharged Margaret Witt, an 18-year Air Force nurse, under "Don't Ask, Don't Tell."

Witt, a major in the Air Force Reserve, was discharged in 2004 when it came to light that she had had a lesbian relationship from 1997 to 2003 with a civilian woman. She filed suit in 2006 challenging her ouster from the Air Force.

The federal district court in Tacoma, Wash., held that "Don't Ask, Don't Tell" policy was not subject to judicial review, and the Air Force didn't have to prove anything other than that she was a homosexual.

But the Ninth Circuit, citing the Supreme Court's 2003 Lawrence v. Texas decision, which struck down state sodomy laws, sent the case back to the lower court, ordering it to reconsider the constitutionality of "Don't Ask, Don't Tell."

(Excerpt) Read more at cnsnews.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: California
KEYWORDS: 9thcircus; dontaskdonttell; homosexualagenda; lawrencevtexas; ninthcircuit; ruling; usmilitary
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To: Sub-Driver

Gays simply don’t belong in the military or anywhere else people are in close contact with one another. I find it all I can do to restrain myself from committing assault at the gym when some guy is staring at me in the shower. Gays should stick to sodomizing each other and stay away from the rest of us.


41 posted on 05/21/2008 9:27:18 PM PDT by MovementConservative (John Roberts and Sam Alito.... Thank you GWB)
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To: Congressman Billybob

Maybe the USSC will use this case to reverse Lawrence v. Texas.


42 posted on 05/21/2008 9:30:36 PM PDT by SeaHawkFan
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To: PROCON

The 9th Circuit court is the most overruled by the SCOTUS.


43 posted on 05/21/2008 10:08:17 PM PDT by Thunder90
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To: CitizenUSA
We have reached the point where perversion is called good and good is called evil. God save us!

Time to start building an ark and let God wipe these evil bastards off the face of the earth.

44 posted on 05/21/2008 11:24:49 PM PDT by Ol' Sparky (Liberal Republicans are the greater of two evils)
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To: goldstategop
If its permitted for gays to marry, then there's no reason they have who they are in the U.S military

There are some pretty good reasons not to allow homosexuals to serve -- like the sexual privacy of the heterosexual military personnel. I'm sure quite a few don't want to have room, shower, undress in front of or share a foxhole with someone that might have sexual attract to them.

45 posted on 05/21/2008 11:30:32 PM PDT by Ol' Sparky (Liberal Republicans are the greater of two evils)
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To: Jet Jaguar
I cannot see McCain being able to get any decent justice nominee through. The Senate will reject anyone he nominates, except, maybe Hillary Clinton.

A conservative President might consider letting the Democrats keep rejecting nominees and let the vacancies linger if the justices that retire are liberal ones. Unfortunately, McCain isn't a conservative.

46 posted on 05/21/2008 11:34:23 PM PDT by Ol' Sparky (Liberal Republicans are the greater of two evils)
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To: MovementConservative

wow. just wow. There is nothing I can type to rebut your arguments more than saying that and noting that it’s not a compliment in any way.


47 posted on 05/22/2008 2:22:33 AM PDT by jz638
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To: denydenydeny; All
"One would assume that this can be appealed to the USSC, where at the moment they usually understand what the Constitution is."

Only until "president" Barack Hussein Muhammad Obama (PBUH) gets a chance to nominate three or four justices, after which the 9th Circuit will look conservative in comparison.

48 posted on 05/22/2008 2:58:04 AM PDT by 2ndDivisionVet (McCain could never convince me to vote for him. Only Hillary or Obama can!)
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To: MovementConservative; ThePythonicCow; CitizenUSA; Ronin; Enchante; Congressman Billybob; ...
Section 7 of Article 1 in our Constitution grants Congress the power to make rules for the government and regulation of our armed forces.

Certain rights and privileges in the military have always been curtailed.

It thus seems to me that an argument can be made that the courts do not have jurisdiction over rules regarding homosexuality.

49 posted on 05/22/2008 4:38:08 AM PDT by Jacquerie (Tyrants should fear for their personal safety.)
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To: Jacquerie
Yes ... I doubt they have jurisdiction.
50 posted on 05/22/2008 4:46:04 AM PDT by ThePythonicCow (By their false faith in Man as God, the left would destroy us. They call this faith change.)
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To: Sub-Driver
The federal district court in Tacoma, Wash., held that "Don't Ask, Don't Tell" policy was not subject to judicial review, and the Air Force didn't have to prove anything other than that she was a homosexual.

But the Ninth Circuit, citing the Supreme Court's 2003 Lawrence v. Texas decision...

This does it. I'm 100% convinced now - the 9th Circus reaches its decisions by reading chicken entrails.

51 posted on 05/22/2008 5:48:15 AM PDT by Condor51 (I have guns in my nightstand because a Cop won't fit)
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To: Sub-Driver

This is Congress' LAW, not the military's policy.

Effin' moron reporters.
52 posted on 05/22/2008 6:00:35 AM PDT by Dilbert56 (Harry Reid, D-Nev.: "We're going to pick up Senate seats as a result of this war.")
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To: AndyJackson
From the statement of facts in the decision "While serving in the Air Force, Major Witt never told any member of the military that she was homosexual

I can almost guarantee that her sexuality affected the structure of her command.

53 posted on 05/22/2008 12:57:01 PM PDT by itsahoot (We will have world government. The only question is whether by conquest or consent.)
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To: Sub-Driver

“an 18-year Air Force nurse”

At 18, I really doubt she was a nurse.


54 posted on 05/23/2008 10:16:42 AM PDT by ViLaLuz (2 Chronicles 7:14)
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