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Judge Cites Obama in Overturning 'Don't Ask, Don't Tell'
CNS NEWS.com ^ | Monday, September 13, 2010 | By Matt Cover

Posted on 09/13/2010 2:17:05 AM PDT by Cindy

"Judge Cites Obama in Overturning ‘Don’t Ask, Don’t Tell’"

SNIPPET: "The California-based federal judge who declared the military’s ban on homosexual conduct, known colloquially as ‘Don’t Ask, Don’t Tell’ (DADT), is unconstitutional, based her decision in part on statements made by President Barack Obama himself."

PHOTO CAPTION: "President Barack Obama and Vice President Joe Biden participate in a Gay Pride Month event at the White House on Tuesday, June 22, 2010. (AP Photo/Carolyn Kaster)"

SNIPPET: "(CNSNews.com) – The California-based federal judge who declared the military’s ban on homosexual conduct, known colloquially as ‘Don’t Ask, Don’t Tell’ (DADT), is unconstitutional, based her decision in part on statements made by President Barack Obama himself.

Judge Virginia Phillips ruled on Sept. 9 that the DADT policy, codified in 10 U.S.C. ss. 654, which states, “The prohibition against homosexual conduct is a long-standing element of military law that continues to be necessary in the unique circumstances of military service,” is unconstitutional, violating both the First and Fifth amendments."

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


TOPICS: Extended News; Government; News/Current Events
KEYWORDS: biden; dadt; democrat; democrats; dontaskdonttell; fdrq; homosexualagenda; homosexuals; impeachobama; military; obama; usmilitary
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1 posted on 09/13/2010 2:17:09 AM PDT by Cindy
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To: All

Document:

http://www.politico.com/static/PPM170_100909_logcabin.html


2 posted on 09/13/2010 2:18:04 AM PDT by Cindy
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To: All

Previously...

NOTE The following text is a quote:

www.whitehouse.gov/the_press_office/Remarks-by-the-President-at-LGBT-Pride-Month-Reception

Home • Briefing Room • Speeches & Remarks

THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
For Immediate Release June 29, 2009

REMARKS BY THE PRESIDENT
AT LGBT PRIDE MONTH RECEPTION

East Room

4:35 P.M. EDT

THE PRESIDENT: Hello, everybody. Hello, hello, hello. (Applause.) Hey! Good to see you. (Applause.) I’m waiting for FLOTUS here. FLOTUS always politics more than POTUS.

MRS. OBAMA: No, you move too slow. (Laughter.)

THE PRESIDENT: It is great to see everybody here today and they’re just — I’ve got a lot of friends in the room, but there are some people I want to especially acknowledge. First of all, somebody who helped ensure that we are in the White House, Steve Hildebrand. Please give Steve a big round of applause. (Applause.) Where’s Steve? He’s around here somewhere. (Applause.)

The new chair of the Export-Import Bank, Fred Hochberg. (Applause.) Where’s Fred? There’s Fred. Good to see you, Fred. Our Director of the Institute of Education Sciences at DOE, John Easton. Where’s John?
(Applause.) A couple of special friends — Bishop Gene Robinson. Where’s Gene? (Applause.) Hey, Gene. Ambassador Michael Guest is here.

(Applause.) Ambassador Jim Hormel is here. (Applause.) Oregon Secretary of State Kate Brown is here. (Applause.)

All of you are here. (Laughter and applause.) Welcome to your White House. (Applause.) So —

AUDIENCE MEMBER: (Inaudible.) (Laughter.)

THE PRESIDENT: Somebody asked from the Lincoln Bedroom here. (Laughter.) You knew I was from Chicago too. (Laughter.)

It’s good to see so many friends and familiar faces, and I deeply appreciate the support I’ve received from so many of you. Michelle appreciates it and I want you to know that you have our support, as well. (Applause.) And you have my thanks for the work you do every day in pursuit of equality on behalf of the millions of people in this country who work hard and care about their communities — and who are gay, lesbian, bisexual, or transgender. (Applause.)

Now this struggle, I don’t need to tell you, is incredibly difficult, although I think it’s important to consider the extraordinary progress that we have made. There are unjust laws to overturn and unfair practices to stop. And though we’ve made progress, there are still fellow citizens, perhaps neighbors or even family members and loved ones, who still hold fast to worn arguments and old attitudes; who fail to see your families like their families; and who would deny you the rights that most Americans take for granted. And I know this is painful and I know it can be heartbreaking.

And yet all of you continue, leading by the force of the arguments you make but also by the power of the example that you set in your own lives — as parents and friends, as PTA members and leaders in the community. And that’s important, and I’m glad that so many LGBT families could join us today. (Applause.) For we know that progress depends not only on changing laws but also changing hearts. And that real, transformative change never begins in Washington.

(Cell phone “quacks.”)

Whose duck is back there? (Laughter.)

MRS. OBAMA: It’s a duck.

THE PRESIDENT: There’s a duck quacking in there somewhere. (Laughter.) Where do you guys get these ring tones, by the way? (Laughter.) I’m just curious. (Laughter.)

Indeed, that’s the story of the movement for fairness and equality — not just for those who are gay, but for all those in our history who’ve been denied the rights and responsibilities of citizenship; who’ve been told that the full blessings and opportunities of this country were closed to them. It’s the story of progress sought by those who started off with little influence or power; by men and women who brought about change through quiet, personal acts of compassion and courage and sometimes defiance wherever and whenever they could.

That’s the story of a civil rights pioneer who’s here today, Frank Kameny, who was fired — (applause.) Frank was fired from his job as an astronomer for the federal government simply because he was gay. And in 1965, he led a protest outside the White House, which was at the time both an act of conscience but also an act of extraordinary courage. And so we are proud of you, Frank, and we are grateful to you for your leadership. (Applause.)
It’s the story of the Stonewall protests, which took place 40 years ago this week, when a group of citizens — with few options, and fewer supporters — decided they’d had enough and refused to accept a policy of wanton discrimination. And two men who were at those protests are here today. Imagine the journey that they’ve travelled.

It’s the story of an epidemic that decimated a community — and the gay men and women who came to support one another and save one another; and who continue to fight this scourge; and who demonstrated before the world that different kinds of families can show the same compassion and support in a time of need — that we all share the capacity to love.

So this story, this struggle, continues today — for even as we face extraordinary challenges as a nation, we cannot — and will not — put aside issues of basic equality. (Applause.) We seek an America in which no one feels the pain of discrimination based on who you are or who you love.
And I know that many in this room don’t believe that progress has come fast enough, and I understand that. It’s not for me to tell you to be patient, any more than it was for others to counsel patience to African Americans who were petitioning for equal rights a half century ago.

But I say this: We have made progress and we will make more. And I want you to know that I expect and hope to be judged not by words, not by promises I’ve made, but by the promises that my administration keeps. And by the time you receive — (applause.) We’ve been in office six months now. I suspect that by the time this administration is over, I think you guys will have pretty good feelings about the Obama administration. (Applause.)

Now, while there is much more work to do, we can point to important changes we’ve already put in place since coming into office. I’ve signed a memorandum requiring all agencies to extend as many federal benefits as possible to LGBT families as current law allows. And these are benefits that will make a real difference for federal employees and Foreign Service Officers, who are so often treated as if their families don’t exist. And I’d like to note that one of the key voices in helping us develop this policy is John Berry, our director of the Office of Personnel Management, who is here today. And I want to thank John Berry. (Applause.)

I’ve called on Congress to repeal the so-called Defense of Marriage Act to help end discrimination — (applause) — to help end discrimination against same-sex couples in this country. Now, I want to add we have a duty to uphold existing law, but I believe we must do so in a way that does not exacerbate old divides. And fulfilling this duty in upholding the law in no way lessens my commitment to reversing this law. I’ve made that clear.

I’m also urging Congress to pass the Domestic Partners Benefits and Obligations Act, which will guarantee the full range of benefits, including health care, to LGBT couples and their children. (Applause.) My administration is also working hard to pass an employee non-discrimination bill and hate crimes bill, and we’re making progress on both fronts.

(Applause.) Judy and Dennis Shepard, as well as their son Logan, are here today. I met with Judy in the Oval Office in May — (applause) — and I assured her and I assured all of you that we are going to pass an inclusive hate crimes bill into law, a bill named for their son Matthew. (Applause.)
In addition, my administration is committed to rescinding the discriminatory ban on entry to the United States based on HIV status.

(Applause.) The Office of Management and Budget just concluded a review of a proposal to repeal this entry ban, which is a first and very big step towards ending this policy. And we all know that HIV/AIDS continues to be a public health threat in many communities, including right here in the District of Columbia. And that’s why this past Saturday, on National HIV Testing Day, I was proud once again to encourage all Americans to know their status and get tested the way Michelle and I know our status and got tested. (Applause.)

And finally, I want to say a word about “don’t ask, don’t tell.” As I said before — I’ll say it again — I believe “don’t ask, don’t tell” doesn’t contribute to our national security. (Applause.) In fact, I believe preventing patriotic Americans from serving their country weakens our national security. (Applause.)

Now, my administration is already working with the Pentagon and members of the House and the Senate on how we’ll go about ending this policy, which will require an act of Congress.

Someday, I’m confident, we’ll look back at this transition and ask why it generated such angst, but as Commander-in-Chief, in a time of war, I do have a responsibility to see that this change is administered in a practical way and a way that takes over the long term. That’s why I’ve asked the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to develop a plan for how to thoroughly implement a repeal.

I know that every day that passes without a resolution is a deep disappointment to those men and women who continue to be discharged under this policy — patriots who often possess critical language skills and years of training and who’ve served this country well. But what I hope is that these cases underscore the urgency of reversing this policy not just because it’s the right thing to do, but because it is essential for our national security.

Now, even as we take these steps, we must recognize that real progress depends not only on the laws we change but, as I said before, on the hearts we open. For if we’re honest with ourselves, we’ll acknowledge that there are good and decent people in this country who don’t yet fully embrace their gay brothers and sisters — not yet.

That’s why I’ve spoken about these issues not just in front of you, but in front of unlikely audiences — in front of African American church members, in front of other audiences that have traditionally resisted these changes.

And that’s what I’ll continue to do so. That’s how we’ll shift attitudes. That’s how we’ll honor the legacy of leaders like Frank and many others who have refused to accept anything less than full and equal citizenship.

Now, 40 years ago, in the heart of New York City at a place called the Stonewall Inn, a group of citizens, including a few who are here today, as I said, defied an unjust policy and awakened a nascent movement.

It was the middle of the night. The police stormed the bar, which was known for being one of the few spots where it was safe to be gay in New York. Now, raids like this were entirely ordinary. Because it was considered obscene and illegal to be gay, no establishments for gays and lesbians could get licenses to operate. The nature of these businesses, combined with the vulnerability of the gay community itself, meant places like Stonewall, and the patrons inside, were often the victims of corruption and blackmail.

Now, ordinarily, the raid would come and the customers would disperse. But on this night, something was different. There are many accounts of what happened, and much has been lost to history, but what we do know is this: People didn’t leave. They stood their ground. And over the course of several nights they declared that they had seen enough injustice in their time. This was an outpouring against not just what they experienced that night, but what they had experienced their whole lives. And as with so many movements, it was also something more: It was at this defining moment that these folks who had been marginalized rose up to challenge not just how the world saw them, but also how they saw themselves.

As we’ve seen so many times in history, once that spirit takes hold there is little that can stand in its way. (Applause.) And the riots at Stonewall gave way to protests, and protests gave way to a movement, and the movement gave way to a transformation that continues to this day. It continues when a partner fights for her right to sit at the hospital bedside of a woman she loves. It continues when a teenager is called a name for being different and says, “So what if I am?” It continues in your work and in your activism, in your fight to freely live your lives to the fullest.

In one year after the protests, a few hundred gays and lesbians and their supporters gathered at the Stonewall Inn to lead a historic march for equality. But when they reached Central Park, the few hundred that began the march had swelled to 5,000. Something had changed, and it would never change back.

The truth is when these folks protested at Stonewall 40 years ago no one could have imagined that you — or, for that matter, I — (laughter) — would be standing here today. (Applause.) So we are all witnesses to monumental changes in this country. That should give us hope, but we cannot rest. We must continue to do our part to make progress — step by step, law by law, mind by changing mind. And I want you to know that in this task I will not only be your friend, I will continue to be an ally and a champion and a President who fights with you and for you.

Thanks very much, everybody. God bless you. (Applause.) Thank you. It’s a little stuffed in here. We’re going to open — we opened up that door. We’re going to walk this way, and then we’re going to come around and we’ll see some of you over there, all right? (Laughter.) But out there. (Laughter.)

But thank you very much, all, for being here. Enjoy the White House. Thank you. (Applause.)

END 4:53 P.M. EDT


3 posted on 09/13/2010 2:24:08 AM PDT by Cindy
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To: Cindy
the one is like herpes simplex...

the gift that keeps on giving.

4 posted on 09/13/2010 2:42:40 AM PDT by mmercier (secret destroyers hold you out to the flames)
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To: Cindy
Judge by Bill, I bet!

Mike

5 posted on 09/13/2010 2:59:16 AM PDT by MichaelP (Democrats are the party of Special Re-education)
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To: Cindy

Quoting Zero to make the point that Don’t Ask, Don’t Tell harms national security is a joke. Zero doesn’t have a clue about national security, and he offered no evidence to back up his statement. Out of the clear-blue sky proclamations by Zero now are afforded the force of law? Think of how much money we can save by getting rid of Congress.


6 posted on 09/13/2010 3:21:43 AM PDT by skookum55 (Born American with the guarantee of a republic; destined to die a dhimmi on Obama's path to sharia.)
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To: Cindy

Sounds as if a judge and her ruling needs to be overturned.


7 posted on 09/13/2010 3:55:49 AM PDT by seemoAR
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To: Cindy

“I am the law.”


8 posted on 09/13/2010 4:04:48 AM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: Cindy

Even judges take orders from him?


9 posted on 09/13/2010 4:10:22 AM PDT by GeronL (http://libertyfic.proboards.com <--- My Fiction/ Science Fiction Board)
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To: Cindy

So the criminal in chief is dictating what the constitution is. Not surprising.


10 posted on 09/13/2010 4:22:46 AM PDT by Hardraade (I want gigaton warheads now!!)
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To: Cindy
"Obama also stated unequivocally that changing the policy requires an act of Congress, not a mere judicial ruling."

The most important line in the article.
11 posted on 09/13/2010 4:36:29 AM PDT by Old Teufel Hunden
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To: Cindy

Has anyone yet made the case that what this judge has done is unconstitutional? The Constitution gives Congress (and only Congress) the power to regulate the military.


12 posted on 09/13/2010 4:41:57 AM PDT by 84rules ( Ooh-Rah! Semper Fi!)
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To: Cindy; 185JHP; AFA-Michigan; Abathar; Agitate; Albion Wilde; AliVeritas; Antoninus; Aquinasfan; ...
Homosexual Agenda Ping

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So DADT was overturned because of statements made by Obama and not because it is unconstitutional. We have to clean house, judiciary, congress and the White House. It gets scary when decisions are based on an opinion by a President and not what the Constitution states.

13 posted on 09/13/2010 4:57:51 AM PDT by DJ MacWoW (If Bam is the answer, the question was stupid.)
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To: DJ MacWoW

I’ve asked this before but no answer.
This judge gives the Govt a week to get rid of don’t ask otherwise the judge will rule it .

Now how the hell can this judge think that they make laws for the military?
The judge said that it is unconstitutional due to the 1st and the 5th amendments, well over the last week I and others have read those two amendments time and time again and now here does it say about queers, the military and acceptance.

Has this judge even read those amendments or even the whole constitution?

Has this Govt or anyone appealed this and said what this judge has done goes far , far ,far beyond their powers as a judge?

Now the judge thinks that not having homosexuals in the military effects the readiness, what on earth does this judge know about the military?
NOTHING .
The military of which I have served and still know of many still serving in the war zones have all done alright up until now thank you.
What will destroy our military is open homosexuals prancing around like they are on a folsom fair trip on base.

This is where the right wing are completely stupid, the left and the homosexuals have been trying to push their perverted agenda for decades and we have some on the right saying well it’s no big deal, let them marry, let them have a kid, it will happen soon enough or the most ignorant one is well I know a couple of homosexuals and they are nice,

Will the likes of broken record hannity etc now start mentioning the homosexuals agenda or will they still be cowards because they don’t want to be called a name by some on the left fringe?

Now can anyone explain as to where this case is going and where is the congress, the GOP going mad over an activist judge thinking they have more power than anyone or thinking they now make laws and throw out laws when ever they feel they don’t like them


14 posted on 09/13/2010 5:07:54 AM 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: Cindy

I agree that DADT needs to be trashed. We need to go back to the pre-DADT policy of NO homosexuals in the military.


15 posted on 09/13/2010 5:08:48 AM PDT by fwdude (Anita Bryant was right.)
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To: manc

See Post 3 with the speech that the judge based her decision on.


16 posted on 09/13/2010 5:13:42 AM PDT by DJ MacWoW (If Bam is the answer, the question was stupid.)
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To: fwdude
I once found some Army Recruiter paperwork from the 1980s, and it actually had this question on it:

Are you a homosexual? Y/N

Why can't we go back to days like that?

If a recruit told a lie during the application process, they could be subject to UCMJ.

Times were a heck of a lot simpler then.

17 posted on 09/13/2010 5:26:20 AM PDT by Prole (Please pray for the families of Chris and Channon. May God always watch over them.)
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To: Cindy

She is ONE STUPID WOMAN.


18 posted on 09/13/2010 5:29:03 AM PDT by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: DJ MacWoW

who the hell does this judge think they are.

The GOP and others should be asking for this judge to step down ASAP.

My kids asked me this weekend what jobs are good jobs to go into .
I said to two of them be judges as the right wing needs them right now.


19 posted on 09/13/2010 5:29:03 AM 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: Cindy

Can this judge be impeached? Or does she have ‘tenure’?


20 posted on 09/13/2010 5:40:08 AM PDT by originalbuckeye
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