Skip to comments.Judge orders military to stop enforcing 'don't ask, don't tell'
Posted on 10/12/2010 2:36:55 PM PDT by La Enchiladita
A federal judge on Tuesday ordered the U.S. military to stop enforcing the "don't ask, don't tell" policy, effectively ending the ban on openly gay troops.
U.S. District Judge Virginia Phillips' permanent injunction orders the military "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under the "don't ask, don't tell" policy.
The judge, a Clinton appointee based in the Central District of California, previously ruled that the policy regarding gays serving in the military violated service members' Fifth Amendment rights to due process and freedom of speech, but had delayed issuing the injunction.
The military was sued by Log Cabin Republicans, a gay rights group.
(Excerpt) Read more at edition.cnn.com ...
posted at least a dozen times.
Has the SECDEF and the Pentegon Brass told her to go pound sand yet?????
The judge has no authority to “order” the military to do anything. This is not something the military has to follow at all. If this was the case, then a district judge could “order” the military out of Afghanistan or whatever. Big britches on a judge who thinks they can.
I didn’t see it in the sidebar: breaking, front page OR extended. And, I did a title search on this title which yielded nothing.
Does the military have to obey court orders? I don’t think that they do.
Agree....she has no basis to order such. Pass the law in congress or STFU judgie......
Betcha they don't.
Let’s give them a few more minutes...:^)
It looks like Gates is in Asia at the moment.
This is so bad. I did not know Log Cabin Republicans were suing; how colossally dumb and narcissistic of them. Typical.
I’m so sick of selfish “minorities!!”
I bet they don’t.
Judges don’t give orders to the military.
The military is under the executive branch, not the judicial.
Judges can’t countermand military orders, promotions, reductions, court martials, etc.
If it comes down to rescinding DADT, then there has to be an out clause for those that find it against their morals.
I believe the USSC should vacate the ruling; this Judge has no “Standing” in military matters!
But they left out WORLDWIDE BAN..
The military should be able to set its policies with no interference from the civilian government. The fact that a judge has this kind of audacity is astonishing. I’ve always liked the idea of having a fourth branch of the government composed of military members with the ability to vote down any law or proposal with a one third opposing vote.
It’d stop alot of the nonsense coming out of washington.
The proper response by the military is “Judge Phillips has made her ruling. Now lets see her enforce it.”
The Justice Dept would have to appeal the ruling to the SC. That’s not going to happen.
Kinda to paraphrase Stalin: How many divisions does the judge have?
Actually I was thinking more along the lines of Andrew Jacks vs. John Jay, but that will do it, too.
All the Marine Corps laughs in her face.
I also looked under the keyword ‘dadt’ and there were no articles on this current story, but someone succeeded in getting this pulled from Breaking News anyway.... not sure why...
Am I mistaken or is this pretty much a weekly occurrence now?
If you would have scrolled don’t the posts you would have seen it at least 5 times on the first page.
No she has no jurisdiction over the military. If she did have jurisdiction she could order the Military out of Afghanistan.
Being in the military requires putting a lot of rights the average person has on hold when they are in the military. A military member can not participated in politics without punishment by the UCMJ.
This liberal judge needs to take a hike.
Do you understand the meaning of “current story?”
I doubt it. Take your needling elsewhere.
Lots of posters don’t get it - the search function isn’t always helpful. Sometimes it’s just wrong. Alas - it’s an important story so I’m sure each thread will get plenty of replies.
And in other news a judge has ordered the Army to no longer say, “Take that hill!” It seems it leads to violation of civil rights for soldiers as they may die.
Now the articles magically appear in sidebar: hmmmmm.....
First time I have seen it. FReeping time has been limited.
The court has ruled. Who's going to enforce it? I hope the ruling is ignored.
Somewhere in what used to be our great Country, you could find a Federal judge who would rule that the Constitution is no longer valid.
The civilian government is superior to the military. Period. Congressional legislation is subject to judicial review. Period. You don't like it, amend the Constitution.
Ive always liked the idea of having a fourth branch of the government composed of military members with the ability to vote down any law or proposal with a one third opposing vote.
We've survived 200+ years with a republic. Installing a military junta with veto power would be the end of the American experiment. I don't know what the state would become, but it would not be the thing for which Washington "grew gray and almost blind."
How about the Miliary (Pentagon leadership, DOD, etc.) or even a MEMBER of the Military saying the exposure to sex deviates is "offensive" and suing? We don't need rump rangers in the military beginning their "free speech" trumpeting of the deviant lifestyle, AND then suing because the "military" is infringing on their "Free Speech Rights".
This court system is SO WRONG !
As usual, you are supporting the homosexual agenda.
Most of the military including higher officers are adamantly opposed to homosexuals in the military.
Your support of mentally ill people in the military sickens me.
I may have misunderstood something but I think DADT is the only thing allowing gays to serve.
Before DADT gays were not allowed at all.
So take away DADT and you have no gays in the military again.
What am I missing?
Mr. Soze, there is NO congressional legislation taken or voted on or signed into law so that a judge might say “this is the law”. In any case, judges do not make law, though they think they can. This is simply a decision of a judge in a case challenging military policy. It has no jurisdiction, or in the words of the Supreme Court, the District Judge has no “standing” to make such a decision. As such, the military is not bound by any decision. The present..dent could try to order such an action, at his peril and in command structure the possiblity of non-compliance. He wouldn’t dare. It is possible to be a commander and have no ability to command, and people will not follow. Uniform Code of Military Justice applies in this instance,and the case was in a civilian court.
You are correct; before DADT they DID ask and if the answer was wrong, out the door.
But what the leftist pervert mongers want is repeal of DADT and instead allow open homosexuals.
Repealing it and reverting back to the former policy is what is needed and I support fully.
thanks La Enchiladita.
So let’s get this straight:
some panzy leftist judge wants to tell the world’s most lethal military what to do?