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Judge orders military to stop enforcing 'don't ask, don't tell'
CNN International ^ | Oct. 12, 2010 | Adam Levine

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 ...


TOPICS: Foreign Affairs; Front Page News; Government; US: California
KEYWORDS: dadt; dod; logcabinrepublicans; military; pentagon

1 posted on 10/12/2010 2:36:57 PM PDT by La Enchiladita
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To: La Enchiladita

posted at least a dozen times.


2 posted on 10/12/2010 2:37:53 PM PDT by boomop1
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To: La Enchiladita

Has the SECDEF and the Pentegon Brass told her to go pound sand yet?????


3 posted on 10/12/2010 2:38:34 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: La Enchiladita

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.


4 posted on 10/12/2010 2:44:48 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: SandRat

They will.


5 posted on 10/12/2010 2:45:03 PM PDT by max americana (Hoax and Chains, Dopeychangey)
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To: boomop1

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.


6 posted on 10/12/2010 2:45:49 PM PDT by La Enchiladita
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To: La Enchiladita

Does the military have to obey court orders? I don’t think that they do.


7 posted on 10/12/2010 2:47:07 PM PDT by Citizen Tom Paine (An old sailor sends)
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To: La Enchiladita
I'll wager that she doesn't have the authority to issue such an order.However,I'll wager that our Community-Organizer-in-Chief will pretend that she does and will order that all separations of pervs be stopped.
8 posted on 10/12/2010 2:47:42 PM PDT by Gay State Conservative (''I don't regret setting bombs,I feel we didn't do enough.'' ->Bill Ayers,Hussein's mentor,9/11/01)
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To: SandRat

Agree....she has no basis to order such. Pass the law in congress or STFU judgie......


9 posted on 10/12/2010 2:47:56 PM PDT by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: max americana
They will.

Betcha they don't.

10 posted on 10/12/2010 2:49:07 PM PDT by Gay State Conservative (''I don't regret setting bombs,I feel we didn't do enough.'' ->Bill Ayers,Hussein's mentor,9/11/01)
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To: SandRat

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!!”


11 posted on 10/12/2010 2:50:08 PM PDT by La Enchiladita
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To: max americana

I bet they don’t.


12 posted on 10/12/2010 2:51:44 PM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: DarthVader

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.


13 posted on 10/12/2010 2:53:00 PM PDT by CondorFlight (I)
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To: La Enchiladita

If it comes down to rescinding DADT, then there has to be an out clause for those that find it against their morals.


14 posted on 10/12/2010 2:53:14 PM PDT by panthermom
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To: La Enchiladita

I believe the USSC should vacate the ruling; this Judge has no “Standing” in military matters!


15 posted on 10/12/2010 2:54:48 PM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama go:nna take care o' me!)
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To: La Enchiladita

But they left out WORLDWIDE BAN..


16 posted on 10/12/2010 2:58:04 PM PDT by Freddd (CNN is down to Three Hundred Thousand viewers. But they worked for it.)
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To: La Enchiladita
The judge has no jurisdiction here.

None.

17 posted on 10/12/2010 2:58:41 PM PDT by Carry_Okie (The fourth estate IS the fifth column.)
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To: traditional1

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.


18 posted on 10/12/2010 3:00:25 PM PDT by utherdoul
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To: La Enchiladita

The proper response by the military is “Judge Phillips has made her ruling. Now lets see her enforce it.”


19 posted on 10/12/2010 3:01:47 PM PDT by Little Ray (The Gods of the Copybook Heading, with terror and slaughter return!)
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To: traditional1

The Justice Dept would have to appeal the ruling to the SC. That’s not going to happen.


20 posted on 10/12/2010 3:04:19 PM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: Little Ray

Kinda to paraphrase Stalin: How many divisions does the judge have?


21 posted on 10/12/2010 3:04:33 PM PDT by TexasRedeye (Eschew obfuscation)
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To: TexasRedeye

Actually I was thinking more along the lines of Andrew Jacks vs. John Jay, but that will do it, too.


22 posted on 10/12/2010 3:08:07 PM PDT by Little Ray (The Gods of the Copybook Heading, with terror and slaughter return!)
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To: La Enchiladita

All the Marine Corps laughs in her face.


23 posted on 10/12/2010 3:10:05 PM PDT by Soothesayer9
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To: boomop1

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...


24 posted on 10/12/2010 3:13:17 PM PDT by La Enchiladita
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To: La Enchiladita

Am I mistaken or is this pretty much a weekly occurrence now?


25 posted on 10/12/2010 3:14:21 PM PDT by Cubs Fan (American Constitutional rights ARE NOT subject to muslim approval)
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To: La Enchiladita
"Now Let Her Enforce it!".....
26 posted on 10/12/2010 3:15:10 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: La Enchiladita

If you would have scrolled don’t the posts you would have seen it at least 5 times on the first page.


27 posted on 10/12/2010 3:20:20 PM PDT by boomop1
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To: boomop1

down


28 posted on 10/12/2010 3:21:27 PM PDT by boomop1
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To: Citizen Tom Paine
Does the military have to obey court orders?

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.

29 posted on 10/12/2010 3:23:29 PM PDT by Harley (Life is Tough, But It's a Lot Tougher When You're a Liberal. Stop Global Whining Now.)
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To: boomop1

Do you understand the meaning of “current story?”
I doubt it. Take your needling elsewhere.


30 posted on 10/12/2010 3:24:50 PM PDT by La Enchiladita
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To: John S Mosby

Very good.


31 posted on 10/12/2010 3:25:52 PM PDT by Jacquerie (Get out of my face and get back in the closet.)
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To: La Enchiladita

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.

jmho


32 posted on 10/12/2010 3:35:30 PM PDT by Principled (Get the capital back! NRST!)
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To: La Enchiladita

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.


33 posted on 10/12/2010 3:42:42 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: Little Ray
Move military bases and military jobs out of Californian, I bet the authorities in Californian will relent on this judges decision.
There should be state laws where just like the right to work states, the military should have the right to morality states.
34 posted on 10/12/2010 3:44:04 PM PDT by American Constitutionalist (The fool has said in his heart, " there is no GOD " ..)
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To: Principled

Now the articles magically appear in sidebar: hmmmmm.....


35 posted on 10/12/2010 3:44:19 PM PDT by La Enchiladita
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To: boomop1
posted at least a dozen times.

First time I have seen it. FReeping time has been limited.

36 posted on 10/12/2010 3:47:13 PM PDT by don-o ("At this point, Islam is just surging into a vacuum" - Mrs Don-o)
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To: Citizen Tom Paine
Does the military have to obey court orders?

The court has ruled. Who's going to enforce it? I hope the ruling is ignored.

37 posted on 10/12/2010 3:49:40 PM PDT by don-o ("At this point, Islam is just surging into a vacuum" - Mrs Don-o)
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To: CondorFlight

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.


38 posted on 10/12/2010 3:52:05 PM PDT by oldtimer
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To: utherdoul
The military should be able to set its policies with no interference from the civilian government.

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.

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.

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."

39 posted on 10/12/2010 4:11:10 PM PDT by Caesar Soze
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To: saganite
"The Justice Dept would have to appeal the ruling to the SC. That’s not going to happen"

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 !

40 posted on 10/12/2010 4:11:55 PM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama go:nna take care o' me!)
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To: Caesar Soze

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.


41 posted on 10/12/2010 4:18:50 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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To: little jeremiah

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?


42 posted on 10/12/2010 4:20:42 PM PDT by BookaT (My cat's breath smells like cat food!)
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To: Caesar Soze

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.


43 posted on 10/12/2010 4:42:56 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: BookaT

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.


44 posted on 10/12/2010 4:46:26 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point.CSLewis)
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thanks La Enchiladita.

additional:
http://www.freerepublic.com/focus/news/2606211/posts


45 posted on 10/12/2010 5:37:11 PM PDT by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: La Enchiladita

LOL newbie


46 posted on 10/12/2010 6:23:15 PM PDT by boomop1
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To: La Enchiladita
Use up bandwidth pissing and moaning.
47 posted on 10/12/2010 6:25:31 PM PDT by boomop1
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To: La Enchiladita

So let’s get this straight:

some panzy leftist judge wants to tell the world’s most lethal military what to do?

BAHAHAHAHA!


48 posted on 10/12/2010 7:04:31 PM PDT by Soothesayer (“None can love freedom heartily, but good men; the rest love not freedom, but license...")
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