Posted on 09/10/2010 4:29:25 PM PDT by jazusamo
Another federal judge has decided to impose her personal views on the nation's laws so that they will favor homosexual conduct. On Thursday, U.S. District Judge Virginia A. Phillips declared unconstitutional the "Don't Ask, Don't Tell" law that prohibits homosexuals from serving openly in the military. Not that it is any of her business.
Judge Phillips' finding arose from a suit filed by the Log Cabin Republicans against the Clinton-era law. This Clinton-era judge invoked a "heightened scrutiny" test, which allowed her not only to analyze the direct effects of the law on homosexuals in uniform, but also to expostulate on such broader matters as recruitment, unit cohesion, military effectiveness, budgeting and other issues related to the law. She cited some studies, quoted some experts and then tossed the law. It might make for an interesting college term paper, but this is no way to make national security policy.
The decision rested heavily on the 2003 Supreme Court ruling that struck down the Texas sodomy law and established rights associated with the "autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct." In applying this logic to the military, Judge Phillips demonstrated little evidence that she has any knowledge of the unique requirements of service in uniform. The military is not a vehicle for actualizing the "autonomy of self," and restrictions on expression and activities are essential to the life of a serviceman. Judge Phillips noted that "Don't Ask, Don't Tell" "captures within its overreaching grasp such activities as private correspondence between servicemembers and their family members and friends, and conversations between servicemembers about their daily off-duty activities."...
(Excerpt) Read more at washingtontimes.com ...
It’s time to start putting these so-called “judges”, “lawyers” and politicians in uniform and send their asses to Afghanistan. If these boneheads want to fight the war, put their goatsmellin’ asses out there on the battlefield. The rest of us will watch.
Time for Congress to limit Judiciary’s jurisdiction. Jeanie (or in this case “Genie”) needs to be put back in bottle on many fronts!
If only that could be done, there’d be a few less leftists after they experienced the real world.
They're no more Republican than the Welsboro/Al Gore activists are Christians.
The left has been trying for 15 years to get this done through the courts, understanding that it will never happen if left to the people and unlikely if left to their elected representatives. So, its not surprising that some judge has finally issued an injunction, in fact I’m surprised that it took so long.
Here’s a case in which I was personally involved. I was the President of the Board of Inquiry in the case of an Army Major being discharged for homosexual activity. Her ex-lover was upset over who got the dog and took a stack of love letters into the CID office. She came into the board hearing and stipulated that she had engaged in homosexual acts. The reason that she and her lawyer did this was so that they could get to the Federal District Court in order to try to get “Don’t Ask Don’t Tell” overturned. They failed and you can read the opinion of the 10th Circuit of Appeals here:
http://ftp.resource.org/courts.gov/c/F3/52/52.F3d.851.93-3377.html
And denounce the hard wood "republicans" who brought this stupid suit. All they want is access to those mean, lean, fighting machine rear ends in uniform.
Would not be surprised to see this overturned if appealed but it may not be. Even if it is I believe DADT is going to go fairly soon one way or the other.
To me it's just unbelievable that the leftists are prevailing on this.
They are very persistent and are willing to wait until they think that we are not paying attention. Look at what is being taught in our schools for clear evidence of this.
I understand that this judge cited the 1st and 5th Amendments. A little shaky, I think. I would have expected an assault based on the 14th, which is what Walmer did. Perhaps the precedents led the judge to try another tack.
http://www.politico.com/static/PPM170_100909_logcabin.html
Start at page 49 for the meat, so to speak.
Judge Phillips cloaks her homo advocacy in the form of the Constitution. She replaces the judgment of the people represented in Congress with her own.
Whoo, this is a doozie. I wonder if I could get an “honorary membership” in the Log Cabin Republicans? Probably not. I think that even the Ninth Circus might rip this one apart. Its not only poorly reasoned, its poorly written. I wonder how the left found this judge and how did they get this case in front of her? Inquiring minds want to know.
Of course, since the 9th will review, it could be affirmed and then it would be off to the SCOTUS. Doesn’t stand a chance there.
So is this judge going to rewrite the UCMJ?
I suspected that was the case.
I doubt that this judge has ever heard of the UCMJ and could care less in any case. What she fails to understand is that the courts have always deferred to the greater interests of maintaining good order and discipline in the military. That argument is completely lacking in this opinion. That will not be the case on appeal.
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