Skip to comments.Judge: Military's ban on gays is unconstitutional
Posted on 09/09/2010 6:56:21 PM PDT by NormsRevenge
RIVERSIDE, Calif. A federal judge in Southern California has declared the U.S. military's ban on openly gay service members unconstitutional.
U.S. District Judge Virginia Phillips on Thursday granted a request for an injunction halting the government's "don't ask, don't tell" policy for gays in the military.
Phillips says 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 Barack Obama that he will work to repeal the policy.
(Excerpt) Read more at news.yahoo.com ...
Phillips, Virginia A.
Born 1957 in Orange, CA
Federal Judicial Service: Judge, U. S. District Court, Central District of California Nominated by William J. Clinton on January 26, 1999, to a seat vacated by William M. Byrne, Jr.; Confirmed by the Senate on November 10, 1999, and received commission on November 15, 1999.
U.S. Magistrate Judge, U.S. District Court for the Central District of California, 1995-1999
Education: University of California, Riverside, B.A., 1979 University of California, Berkeley, Boalt Hall School of Law, J.D., 1982
Professional Career: Private practice, Riverside, CA, 1982-1991 Commissioner, Riverside Superior Court, CA, 1991-1995
Race or Ethnicity: White
The Log Cabin Republicans had sought the injunction.
ya beat me by 9 seconds
Um, exactly what ban?
How is a judge qualified to determine its impact on military readiness?
Judges know everything and are especially well informed when it comes to all things gay.
It’s just more and more bad news for the libs with this election looming.
It’s the latest ‘anything to take folks minds off the dismal state of affairs in Washington DC’ topic I rekkun.
I don’t see how this can possibly hold up. I believe there are precedents preventing civilian judges from sticking their noses into military matters.
I don’t remember the exact details, but I think it was a SCOTUS decision to that effect.
That and why should one Judge have such far-reaching powers to enact policies ,, Congress should be the one determining that, not courts.
This big dog, called middle America. will bite and soon.
This is not good it undermines the military morale.
Political correctness has gotten too out of hand! Who has plans to, finally and successfully, reverse all of political correctness, until it’s all gone for everybody? Conservatism can’t survive for the long-term, while political correctness continues to get even worse for everybody everyday, throughout the entire world!
Obama and Holder will not aggressively appeal this.
Unconstitutional... Yada, yada, yada. It’s like these leftist “judges” have a whole deck of aces up their sleeves to deal out at will.
Call California conservatives tell them to move out of this state and push it off into the sea!!!
30 days from now we can push Mexifornia into the pacific and no one will miss it!!!
Amazing how a ban that has been in effect so long is suddenly unconstitutional.
Even better, 'the people' through congress..
This bloated, corrupt piece of sh!+ Virginia Phillips just handed the Republicans another 3 - 5%.
Nice to see the "Log Cabin Republicans are good for something.
tar and feathers
WTF is this crap now?
muslims, homosexuals far left kooks and a president who is clueless
This ruling only adds more fuel to the anti-Democrat fire currently burning across the country.
This ridiculous ruling is going to cost the Democrats even more seats this November.
What is the judge going to reinstate service members who were discharged for homosexual behavior? Because that’s pretty much the only way the “ban” ever comes up. Does he actually believe he has the jurisdiction to do that?
And the award for overreacher of the month goes to...
Seriously, what good is an injunction? They can’t throw anyone out. Fine. But if someone outs themselves now, and the injunction is lifted, that person is (metaphorically) screwed.
Why should they care if its overthrown, they never have to face any consequences for their decisions.
she has no clue about the military or how it is run.
LOL Wondering why...how...Riverside!? SHEESH! Nobody bothers to come to Riverside much less to campaign, so how in the “H” did this get to a court in of all places Riverside?
I live in Riverside, so don’t think I’m knockin’ something I don’t know.
This stinks of Judge shopping.
Norm I found this and am posting this as a reminder that in the months prior to BHO leaving office, we should be aware of him doing the same:
Date: Wed, 13 May 1998 14:13 -0400
From: The White House <Publications-Admin@PUB.PUB.WHITEHOUSE.GOV> To: White-House-Publications@pub.pub.whitehouse.gov Subject: 1998-05-11 Three Named to the Federal Bench Keywords: Arizona, California, Executive-Act, Government,
Information-Policy, Judicial-System, Nomination, Personnel, Washington, West-Region
Message-Id: <19980513181332.4.MAIL-SERVER@pub1.pub.whitehouse.gov> Document-ID: pdi://oma.eop.gov.us/1998/5/13/15.TEXT.1
THE WHITE HOUSE
Office of the Press Secretary
THE PRESIDENT NOMINATES THREE TO THE FEDERAL BENCH
The President today nominated Virginia A. Phillips to serve as a United States District Court Judge for the Central District of California, Raner C. Collins to serve as a United States District Court Judge for the District of Arizona and Robert S. Lasnik to serve as a United States District Court Judge for the Western District of Washington.
Virginia A. Phillips, Central District of California
Judge Virginia Phillips, of Riverside, California, received her B.A. degree from the University of California at Riverside in 1979, and her J.D. degree from the University of California at Berkeley, Boalt Hall School of Law in 1982. Following law school, Judge Phillips was an associate (1982-88) and partner (1988-91) with the law firm of Best, Best and Krieger. Judge Phillips then served as a Superior Court Commissioner for the Riverside Superior Court from 1991 to 1995. Since 1995, she has served as a U.S. Magistrate Judge for the Central District of California.
Raner Christercunean Collins, District of Arizona
Judge Raner Collins, of Tucson, Arizona, received his undergraduate degree from Arkansas Polytechnic College in 1973, and his J.D. degree from the University of Arizona College of Law in 1975. Judge Collins served as a law clerk from 1975 to 1976, and trial attorney from 1975 to 1981, for the Pima County Attorney's Office. He was a City Magistrate for the City of Tucson from 1981 to 1983, a County Attorney with the Pima County Attorney's Office from 1983 to 1985, and a Pima County Superior Court Judge Pro Tempore from 1985 to 1988. Since 1988, Judge Collins has served as a Superior Court Judge for Pima County.
Robert S. Lasnik, Western District of Washington
Judge Robert Lasnik, of Seattle, Washington, received his undergraduate degree from Brandeis University in 1972, a masters degree in Journalism in 1973, a masters degree in Education from Northwestern University in 1974, and a J.D. from the University of Washington School of Law in 1978. Following law school, Judge Lasnik served in the King County Prosecutor's Office as a Deputy Prosecutor from 1978 to 1981, Senior Deputy Prosecutor from 1981 to 1983, and Chief of Staff from 1983to 1990. Since 1990, Judge Lasnik has served as a Superior Court Judge on the King County Superior Court.
I would love to see 3 to 5 million conservatives move out of that state to swing states like CO, NM, and others like AZ, UT, .
They would make these states red for a long time plus deny tax money to these liberal idiots.
Have a million conservatives from the north east move to places like here in FL, NC, VA and thus make these red states too.
The loons on the left can have CA, and the north east and lets see how crap those areas go with not as m uch tax money coming in and illegals living off the left..
Homosexuals can have their perverted crap,
Besides is like another country up there anyway
A very curious thing, snobbery.
You are kidding, right? The judge is a LIBERAL and therefore has superior knowledge about everything from how much water you should be able to flush in your toilet to how the military should be run. (do I really need a /sarc tag?)
Well, she might have female body parts.
Not sure if she’s actually a female. Can’t tell with democrat appointees - they vote their party line in every decision.
Well logically if your gay and your running around wearing a dress that would hamper your readiness to fall in a deploy. /S
Obama’s pentagon, meanwhile - careerist generals, all - prepares to issue pink M-16s and redecorate countless barracks, while formalizing plans to avoid any and every potential combat.
might well be unconstitutional, but it is practical.
Our all volunteer military will soon be an all gay volunteer military, the muzzies will have fun with that.
No photo, no personal information. You don’t think she’s a lesbian by chance, do ya?
what’;s the betting the queers went judge shopping again like they always do and I resent log cabins calling themselves republicans
Yeah, practical in discouraging re-enlistments and encouraging desertions.
Yet another activist judge that needs to be put out to pasture.
This is what they want, they know allowing gays in the military will drive down recruits and encourage more to get out.
Then they can have the draft again, liberals hate the all-volunteer armed forces, but that usually means they lean to the right.
Sorry Pal- its practical to keep them out at many levels. I know I wouldnt feel comfortable showering thinking someone could be finding my butt appealing.
“The injunction was sought by the Log Cabin Republicans, a 19,000-member group that includes current and former military members.”
Article One, Section Eight:
The Congress shall have power To:
Make rules for the government and regulation of the land and naval forces.
The other thread is locked since it was a dupe, maybe ping this one!