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Court orders immediate halt to gay military ban
AP ^ | 07-06-2011 | Staff

Posted on 07/06/2011 1:06:40 PM PDT by Red Badger

Edited on 07/06/2011 1:43:16 PM PDT by Sidebar Moderator. [history]

SAN FRANCISCO (AP) -- A federal appeals court has barred further enforcement of the U.S. military's ban on openly gay service members.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the "don't ask, don't tell" policy must be immediately lifted now that the Obama administration says it's unconstitutional to treat gay Americans differently under the law.


(Excerpt) Read more at hosted.ap.org ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Government
KEYWORDS: 9thcircuit; 9thcircus; bhodod; dadt; dontaskdonttell; homosexualagenda; lawsuit; ruling
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To: Red Badger

Well, they have destroyed the education system in this country, the major media and it’s sham reporting, much of the court/justice system, and now the military is going the same way.


21 posted on 07/06/2011 2:03:55 PM PDT by dirtymac
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To: Red Badger
According to the UCMJ, which hasn't been changed, it is illegal to engage in homosexual acts: ------------------------------------------------------------------------------------ Uniform Code of Military Justice [excerpted]: Article 125. “(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient 
to complete the offense. (b) Any person found guilty of sodomy shall by punished as a court-martial may direct.”

By that rule, a soldier can be court-martialed for having oral sex with their opposite sex spouse.

22 posted on 07/06/2011 2:05:29 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Red Badger

San Francisco supports homosexuals. Who saw that coming?

These guys: http://www.youtube.com/watch?v=InBXu-iY7cw


23 posted on 07/06/2011 2:15:28 PM PDT by tumblindice (Mr. Speaker, Ladies and Gentlemen: the putative president of the United States and the First Ho)
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To: Red Badger

the 9th Sicko Court does it again?


24 posted on 07/06/2011 2:34:20 PM PDT by Bringbackthedraft (The storm clouds of war are on the horizon, 1939 is again approaching us.)
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To: Bubba Ho-Tep

Yes...
That was the 1950’S era......


25 posted on 07/06/2011 2:37:09 PM PDT by Red Badger (Casey Anthony: "Surprise, surprise."...............)
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To: Red Badger

All of which I agree with. However, both Congress and Commander in Chief have disagreed with that, and the president on constitutional grounds. Those are the 2 constitutional bodies charged with directing the military. How could the court find otherwise?

I disagree with all three.


26 posted on 07/06/2011 3:09:55 PM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their VICTORY!)
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To: xzins
The policy is already on the way out in an orderly fashion by a legislative act passed by congress and signed by Obama.

I have to ask WHY was this even before the 9th circus? Who the hell are they to accelerate the timeline?

27 posted on 07/06/2011 4:03:21 PM PDT by newzjunkey
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To: newzjunkey; P-Marlowe

It’s a good question. The only thing I can think of is that the word “unconstitutional” came out of the Commander in Chief’s mouth.


28 posted on 07/06/2011 4:12:40 PM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their VICTORY!)
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To: xzins

The Congress has sole constitutional authority to make rules for the military, not the President/CIC or the courts.............


29 posted on 07/07/2011 5:33:20 AM PDT by Red Badger (Casey Anthony: "Surprise, surprise."...............)
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To: Red Badger

You are correct about the Congress having authority to regulate the military. In this instance, they, too, have sided with changing DADT. That gave the courts, in my non-lawyer opinion, the open door to walk through and say to the world that it should be done sooner rather than later. They were supported in that by the CINC’s comment that DADT is unconstitutional. That is my point. The court had an open door and they walked through it. Given the background, I can see how they’d logic their way to such a conclusion.


30 posted on 07/07/2011 5:40:02 AM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their VICTORY!)
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To: xzins

Given that this was the 9th Circus, They went in the ‘back door’....................


31 posted on 07/07/2011 5:47:42 AM PDT by Red Badger (Casey Anthony: "Surprise, surprise."...............)
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To: dirtymac
Yes, as I've mentioned before this will certainly hurt retention and recruitment perhaps fatally. But the Marxists know what they are doing and they are slowly destroying all of the institutions capable of resisting them.
32 posted on 07/07/2011 5:58:34 AM PDT by jpsb
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To: Red Badger
The Sodomites have gotten their way, and they will destroy my beloved US Armed Forces.

From this point onward - I will treat them as the Enemy, for they have earned that title...


33 posted on 07/07/2011 7:20:36 AM PDT by Buffalo Bob
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To: Red Badger
That was the 1950’S era......

So you'll agree then that the regulation, which still appears in the UCMJ, is not enforced.

34 posted on 07/07/2011 11:40:11 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: Bubba Ho-Tep

It would be difficult to enforce without witnesses or video.............


35 posted on 07/07/2011 11:41:39 AM PDT by Red Badger (Casey Anthony: "Surprise, surprise."...............)
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To: sickoflibs
How the h... can it be 'unconstitutional' to treat those that exhibit 'homosexual behaviour' different than those that exhibit hetrosexual behavior when in the military???

One, this is the Ninth Circus popping off, the most-reversed appeals bench in the galaxy.

Two, this is all about queer money in politics. Adam Nagourney of the New York Times let the cat out of the bag last week on Charlie Rose when he commented that gay money "has been huge in politics since 1992" -- there's a large part of your answer.

The sodomites have been buying support in both political parties. So far, it has bought them a lot.

Movement gays would like to expand on that political success, and eradicate all resistance to homosexuality from American politics, morals, and culture.

36 posted on 07/08/2011 7:13:01 PM PDT by lentulusgracchus (Concealed carry is a pro-life position.)
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To: DOGHEAD
How many homosexual men really want to go sign up for the Marines and go off to Paris island? A lot of them would rather work in restaurants around Atlanta.

Some of them are hypermasculine and like all the adrenalin and testosterone. To them, Parris Island would be like Fire Island with more toys.

37 posted on 07/08/2011 7:15:57 PM PDT by lentulusgracchus (Concealed carry is a pro-life position.)
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To: lentulusgracchus
RE :"Movement gays would like to expand on that political success, and eradicate all resistance to homosexuality from American politics, morals, and culture."

I can live with liberal state legislatures passing gay marriage laws if that's when their liberal voters want, but Federal judges forcing this crap on the entire country(federal government) with made up rights pisses me off.

38 posted on 07/08/2011 8:00:35 PM PDT by sickoflibs (If you pay zero Federal income taxes, don't say you are paying your 'fair share')
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