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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

1 posted on 07/06/2011 1:06:42 PM PDT by Red Badger
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To: Red Badger
the "don't ask, don't tell" policy must be immediately lifted now that the Obama administration says it's unconstitutional

HARK! The King has spoken! Same going to apply to DOMA?

2 posted on 07/06/2011 1:08:37 PM PDT by ScottinVA (Imagine.... a world without islam.)
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To: Red Badger

“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.”

cuz Obama sed so!?


3 posted on 07/06/2011 1:09:41 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: ScottinVA

There’s not even going to be a blotch where SCOTUS slaps them down on this one.


4 posted on 07/06/2011 1:10:40 PM PDT by massgopguy (I owe everything to George Bailey)
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To: Red Badger

Story I am hoping to see.

A federal appeals court has barred further enforcement of the U.S. Government “progressive tax policy” on American citizens.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the “make someone else pay their “fair share” policy must be immediately lifted now that the Obama administration says it’s unconstitutional to treat Americans differently under the law.

The ruling was the latest legal development in the long-running effort to end the policy by “taxing everyone but me” supporters.


5 posted on 07/06/2011 1:10:56 PM PDT by edcoil (The will to win is important, but the will to prepare is vital. -- Joe Paterno)
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To: Red Badger

Old Headline:
“Court orders immediate halt to gay military ban”

New Headline:
“Soldiers have constipational right to play ‘hide the sausage’ while shooting their guns.”


6 posted on 07/06/2011 1:11:13 PM PDT by AdamBomb
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To: ScottinVA
http://i423.photobucket.com/albums/pp314/pauly_cy/mussolini20obama.jpg

Obama isn't even like a King, he is more of a Dictator

The People's Supreme Representative Il Douche HAS SPOKEN!!!!

When are people going to stand up to him? and WHY! Is it because they are afraid to be called racist? We are going to let our country go to hell in a handbasket because of some sense of misplaced, misbegotten guilt? No other culture in the world did(does) that!

7 posted on 07/06/2011 1:20:30 PM PDT by KC_Lion (If Sarah can't be elected in 2012, then Phase II will fall into place, may G-D have mercy on us all)
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To: KC_Lion; AFA-Michigan; Abathar; Albion Wilde; AliVeritas; Antoninus; BabaOreally; Berlin_Freeper; ..
Homosexual Agenda Ping

Freepmail wagglebee to subscribe or unsubscribe from the homosexual agenda ping list.

Be sure to click the FreeRepublic homosexual agenda keyword search link for a list of all related articles. We don't ping you to all related articles so be sure to click the previous link to see the latest articles.

Add keywords homosexual agenda to flag FR articles to this ping list.

WHy don't Repubs stand up against this? Why the silence?

8 posted on 07/06/2011 1:22:55 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: Red Badger

This is government fascism interfering with religion and forcing Christians to rewrite the Bible. So unconstitutional because it denies our fundamental right to set our own religious moral code.....Government is forcing a code that is unconstitutional because it goes against Natural Law and God’s Laws—the foundation of our government and legal system.

They are forcing atheism and Marxism—denial of God’s design of man and woman—to force this egalitarianism where man and women are exactly the same and interchangeable....a biological lie so they can destroy the family unit....but then, they need to kill God so they can redesign man in their silly, destructive manner. Force Christians out of the military....the reason why their has never been a more moral military in the history of the world....

The Marxists want atheist/homosexual militaries, like the Brownshirts and the Russians where they will kill who ever the masters want them to....their own citizens. American troops never would have even contemplated that because of their Christian heritage and that standard that is being destroyed where character and honor matter. US was unique in their military...and we are destroying the Christian aspect that made it so.


9 posted on 07/06/2011 1:24:47 PM PDT by savagesusie (Virtue is a habit of the mind, consistent with nature and moderation and reason. Cicero)
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To: KC_Lion

Another one about this insanity:

http://www.freerepublic.com/focus/news/2744772/posts?page=4

In reversal, federal court orders immediate end to ‘don’t ask, don’t tell’ policy
The Washington Post ^ | 07/06/11 | Associated Press


10 posted on 07/06/2011 1:26:04 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: Red Badger; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; calcowgirl; Gilbo_3; ...
RE :"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"

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???

How about a rule that says "No sexual or sensual physical contact (including kissing) any member of the opposite sex as long as you are in the US military"? And no same sex marriage either?? And that applies to all, even hetrosexuals, no discrimination there. Idiots.

11 posted on 07/06/2011 1:33:33 PM PDT by sickoflibs (If you pay zero Federal income taxes, don't say you are paying your 'fair share')
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To: massgopguy

There will have to be a repeal first, and guess who is manning the repeal button?


12 posted on 07/06/2011 1:36:18 PM PDT by fwdude (Prosser wins, Goonions lose.)
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To: sickoflibs
How about firing the 9Th, what a bunch of clowns.
13 posted on 07/06/2011 1:41:15 PM PDT by org.whodat
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To: Red Badger
At issue is the repeal of Section 654 of Title X of the U.S. Code. This law, on the books since 1993, states (in part): "The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability."

Repeal of the 1993 law noted above did not repeal the Uniform Code of Military Justice (UCMJ).

The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951.

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.”


The oath taken by every president on first entering office is specified in Article II, Section 1, of the Constitution:

I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States. [emphasis added]

US Constitution [excerpted]

Article I

Section. 8.

Clause 14: [The Congress shall have Power] To make Rules for the Government and Regulation of the land and naval Forces;

Note that Congress has prohibited sodomy in the military through the UCMJ. All of the extraneous uproar concerning the repeal of the 1993 law is just that unless Congress takes the additional action of changing the UCMJ. Military commanders, including the “Commander-in-Chief,” are obligated by their oaths of office to enforce the rules and regulations made pursuant to laws (UCMJ) promulgated by Congress for the US military.

Without a change to the UCMJ eliminating the prohibition on sodomy, it appears the policy will revert to that which existed before 1993. Homosexual practitioners, if discovered (provably) engaging in sodomy, will be subject to court-martial. Consequently, the only way this situation can be averted is for the Commander-in-Chief to violate his oath to support the Constitution and issue illegal orders not to enforce the UCMJ.
14 posted on 07/06/2011 1:43:07 PM PDT by Lucky Dog
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To: sickoflibs

OPPS, I mean:

“”No sexual or sensual physical contact (including kissing) any member of the SAME sex as long as you are in the US military”?


15 posted on 07/06/2011 1:51:11 PM PDT by sickoflibs (If you pay zero Federal income taxes, don't say you are paying your 'fair share')
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To: ScottinVA

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.


16 posted on 07/06/2011 1:51:36 PM PDT by DOGHEAD
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To: sickoflibs

The 9th Circus strikes again.

One of the first priorites of a conservative President should be to dismember the 9th Circus.


17 posted on 07/06/2011 1:56:47 PM PDT by ZULU (Lindsey Graham is a nanometrical pustule of pusillanimous putrescence)
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To: Red Badger; P-Marlowe

I do not support gays in the military. I do believe they are a combat debilitator and not a combat multiplier.

However, given the logic of the court that the Constitutional Commander in Chief of the US Military has declared the policy unconstitutional, I find it hard to disagree with their logic.

The only reprieve would be the Congress, but they, too, have said that they are rescinding the policy.

The change is wrong, but the court’s logic makes sense even though it’s a very liberal 9th circuit.


18 posted on 07/06/2011 1:58:28 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: ScottinVA

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.

Since the Courts are supposed to reach determinations of constitutionality, not the executive, this decision should be void and of no standing.


19 posted on 07/06/2011 1:58:35 PM PDT by ZULU (Lindsey Graham is a nanometrical pustule of pusillanimous putrescence)
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To: xzins
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.” ---------------------------------------------------------------------------------- If one is homosexual but does not engage in these acts, you can stay in the military until you retire...............
20 posted on 07/06/2011 2:02:01 PM PDT by Red Badger (Casey Anthony: "Surprise, surprise."...............)
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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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