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Judge: Military's ban on gays is unconstitutional
AP on Yahoo ^ | 9/9/10 | AP

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 ...


TOPICS: Breaking News; Crime/Corruption; Government; Politics/Elections
KEYWORDS: activistcourts; bjclinton; clinton; dadt; democrat; democrats; dontaskdonttell; fdrq; gays; gaystapo; homobama; homosexualagenda; homosexuals; imamobama; impeachobama; islamohomobama; judge; judicialtyranny; lavendermafia; lawsuit; military; obama; obamabinbiden; pc; perverts; phillips; politicalcorrectness; ruling; shadowgovernment; sodomhusseinobama; unconstitutional; usmilitary; virginiaphillips
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Clinton appointee.

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

Gender: Female

1 posted on 09/09/2010 6:56:22 PM PDT by NormsRevenge
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The Log Cabin Republicans had sought the injunction.


2 posted on 09/09/2010 6:57:13 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: NormsRevenge

ya beat me by 9 seconds


3 posted on 09/09/2010 6:57:24 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: NormsRevenge

Um, exactly what ban?


4 posted on 09/09/2010 6:57:52 PM PDT by Julia H. (This tagline for rent--Only $999.99/month!)
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To: NormsRevenge

How is a judge qualified to determine its impact on military readiness?


5 posted on 09/09/2010 6:58:53 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Judges know everything and are especially well informed when it comes to all things gay.


6 posted on 09/09/2010 6:59:54 PM PDT by madprof98 ("moritur et ridet" - salvianus)
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To: NormsRevenge

It’s just more and more bad news for the libs with this election looming.


7 posted on 09/09/2010 7:00:28 PM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: Julia H.

It’s the latest ‘anything to take folks minds off the dismal state of affairs in Washington DC’ topic I rekkun.


8 posted on 09/09/2010 7:00:39 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: NormsRevenge

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.


9 posted on 09/09/2010 7:00:45 PM PDT by Cicero (Marcus Tullius.)
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To: NormsRevenge
What standing does a Federal Judge have over the Military? Just wondering. Are we now going to let the judiciary fight our wars? God help us..............
10 posted on 09/09/2010 7:02:11 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: driftdiver

That and why should one Judge have such far-reaching powers to enact policies ,, Congress should be the one determining that, not courts.


11 posted on 09/09/2010 7:02:30 PM PDT by NormsRevenge (Semper Fi ... Godspeed .. Monthly Donor Onboard .. Obama: Epic Fail or Bust!!!)
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To: NormsRevenge

This big dog, called middle America. will bite and soon.


12 posted on 09/09/2010 7:02:33 PM PDT by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: NormsRevenge

This is not good it undermines the military morale.


13 posted on 09/09/2010 7:04:07 PM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: NormsRevenge

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!


14 posted on 09/09/2010 7:04:26 PM PDT by johnthebaptistmoore (If leftist legislation that's already in place really can't be ended by non-leftists, then what?)
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To: Cicero

Obama and Holder will not aggressively appeal this.


15 posted on 09/09/2010 7:04:26 PM PDT by behzinlea
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Comment #16 Removed by Moderator

To: Cicero
I believe there are precedents preventing civilian judges from sticking their noses into military matters.
There is also the U.S. Supreme Court's precedent of molly-coddling Gitmo detainees by misapplying the Geneva Conventions and looking to "international law" for ways to overturn constitutional rights. With the black-robed clowns, the U.S. Constitution is a suicide pact. As long as they get invited to  Washington's ruling class cocktail parties, the Supremes will fiddle while Rome burns.

17 posted on 09/09/2010 7:05:39 PM PDT by peyton randolph (There is no such thing as moderate Islam)
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To: NormsRevenge

Unconstitutional... Yada, yada, yada. It’s like these leftist “judges” have a whole deck of aces up their sleeves to deal out at will.


18 posted on 09/09/2010 7:06:25 PM PDT by fwdude (Anita Bryant was right.)
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To: NormsRevenge

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!!!


19 posted on 09/09/2010 7:07:46 PM PDT by Leofl (I'm from Texas, we don't dial 9-11)
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To: NormsRevenge

Amazing how a ban that has been in effect so long is suddenly unconstitutional.


20 posted on 09/09/2010 7:08:00 PM PDT by rbg81 (When you see Obama, shout: "DO YOUR JOB!!")
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To: NormsRevenge
Congress should be the one determining that, not courts

Even better, 'the people' through congress..

21 posted on 09/09/2010 7:08:41 PM PDT by 999replies (Thune/Rubio 2012)
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To: Tzimisce
It’s just more and more bad news for the libs with this election looming.

Exactly!
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.

22 posted on 09/09/2010 7:10:08 PM PDT by Lancey Howard
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To: fwdude

tar and feathers


23 posted on 09/09/2010 7:11:01 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: NormsRevenge

what???

WTF is this crap now?

muslims, homosexuals far left kooks and a president who is clueless


24 posted on 09/09/2010 7:12:02 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/LEFT BE FOOLED FOR EVER)
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To: Tzimisce
It’s just more and more bad news for the libs with this election looming.

Bingo.

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.

25 posted on 09/09/2010 7:12:07 PM PDT by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: NormsRevenge

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...


26 posted on 09/09/2010 7:12:13 PM PDT by Blackyce (President Jacques Chirac: "As far as I'm concerned, war always means failure.")
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To: NormsRevenge

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.


27 posted on 09/09/2010 7:12:19 PM PDT by Tanniker Smith (If you call a tail a leg, how many legs has a dog?Five?No, calling a tail a leg don't make it a leg.)
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To: Blackyce

Why should they care if its overthrown, they never have to face any consequences for their decisions.


28 posted on 09/09/2010 7:14:39 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

she has no clue about the military or how it is run.


29 posted on 09/09/2010 7:15:31 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/LEFT BE FOOLED FOR EVER)
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To: Tzimisce
It’s just more and more bad news for the libs with this election looming.

The news will be a lot worse if the incoming Republicans let more of these black-robed tyrants onto the bench. If these are Clinton appointees who have done the nasty decisions in the past few days (PA immigration law, this one), can you imagine the long term hell-raising the Obama judges will do? The Republicans had better be the Party of Hell No and No Some More when it comes to Obama judicial nominees...this stuff has to stop.
30 posted on 09/09/2010 7:16:36 PM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: NormsRevenge

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.


31 posted on 09/09/2010 7:17:38 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: NormsRevenge
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


For Immediate Release May 11, 1998

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.

-30-30-30-

Clinton White House: Three Named to the Federal Bench


32 posted on 09/09/2010 7:19:07 PM PDT by bd476
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To: Leofl

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


33 posted on 09/09/2010 7:19:16 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/LEFT BE FOOLED FOR EVER)
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To: madprof98

A very curious thing, snobbery.


34 posted on 09/09/2010 7:20:47 PM PDT by Norman Bates
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To: driftdiver

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?)


35 posted on 09/09/2010 7:22:44 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: NormsRevenge

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.


36 posted on 09/09/2010 7:25:54 PM PDT by Robert A. Cook, PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: driftdiver
"How is a judge qualified to determine its impact on military readiness?"

Well logically if your gay and your running around wearing a dress that would hamper your readiness to fall in a deploy. /S

37 posted on 09/09/2010 7:26:34 PM PDT by guitarplayer1953 (Rebellion to Tyrants is Obedience to GOD! Thomas Jefferson)
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To: NormsRevenge

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.


38 posted on 09/09/2010 7:26:36 PM PDT by Jack Hammer
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To: NormsRevenge
delenda est...
39 posted on 09/09/2010 7:30:50 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: Cheetahcat

might well be unconstitutional, but it is practical.


40 posted on 09/09/2010 7:35:57 PM PDT by himno hero
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To: NormsRevenge

Our all volunteer military will soon be an all gay volunteer military, the muzzies will have fun with that.


41 posted on 09/09/2010 7:36:21 PM PDT by Foolsgold (L I B Lacking in Brains)
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To: NormsRevenge

No photo, no personal information. You don’t think she’s a lesbian by chance, do ya?


42 posted on 09/09/2010 7:37:09 PM PDT by onyx (If you support Sarah and want on her Ping List, let me know!)
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To: onyx

what’;s the betting the queers went judge shopping again like they always do and I resent log cabins calling themselves republicans


43 posted on 09/09/2010 7:41:17 PM PDT by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/LEFT BE FOOLED FOR EVER)
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To: himno hero

Yeah, practical in discouraging re-enlistments and encouraging desertions.


44 posted on 09/09/2010 7:54:32 PM PDT by liberalism is suicide (Communism,fascism-no matter how you slice socialism, its still baloney)
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To: NormsRevenge

Yet another activist judge that needs to be put out to pasture.


45 posted on 09/09/2010 7:55:45 PM PDT by Pox (Good Night. I expect more respect tomorrow.)
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To: liberalism is suicide

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.


46 posted on 09/09/2010 7:57:04 PM PDT by dfwgator
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To: liberalism is suicide

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.


47 posted on 09/09/2010 7:59:15 PM PDT by himno hero
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To: NormsRevenge

“The injunction was sought by the Log Cabin Republicans, a 19,000-member group that includes current and former military members.”


48 posted on 09/09/2010 7:59:33 PM PDT by DaveTesla (You can fool some of the people some of the time......)
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To: NormsRevenge

Article One, Section Eight:

The Congress shall have power To:

Make rules for the government and regulation of the land and naval forces.


49 posted on 09/09/2010 8:03:18 PM PDT by SoCal Pubbie
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To: DJ MacWoW

The other thread is locked since it was a dupe, maybe ping this one!


50 posted on 09/09/2010 8:03:32 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.)
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