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How to Fix Repeal of DADT: A new Commander in Chief (Simple as that)
12/17/2010 | Brices Crossroads

Posted on 12/19/2010 12:59:21 PM PST by Brices Crossroads

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To: C210N

“But, it doesn’t do that. They can be in the Armed Forces, and are quite welcome just like anybody else. Its just that they can’t be flagrant or conspicuous about it. Now they can.”

If you read the whole post, you will see that I acknowlege that. Under DADT, only open homosexuals could not serve.


41 posted on 12/19/2010 2:09:24 PM PST by Brices Crossroads
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To: C210N
You are mistaken...

Repeal of the law noted above does 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.

Article 125 of the Uniform Code of Military Justice:

“(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.”


42 posted on 12/19/2010 2:10:21 PM PST by Lucky Dog
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To: Yaelle

Doubt this is what you’re asking for but I knew a woman aprox. 25 years ago that had joined up out of high school. After a few weeks she was being hit on by her female(?) DI. When she turned her down, the DI persisted and the girl threatened to report the DI’s actions. The DI just laughed it off and said “go ahead, they’ve never done anything to me about it yet. But remember this-if you do, you’ll still have to deal with me!”
This was back when the Army would let you out if you claimed to be a drug user and that’s the ‘out’ she had to take to get away from this horrid dyke.
One has to wonder just how bad it will get now?


43 posted on 12/19/2010 2:13:51 PM PST by snuffy smiff (always knew the arrogant little jug-eared Kenyan bastard would be a failure...)
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To: Brices Crossroads

What actually bothers me much more than repeal of DADT is the fact that only average Americans are serving to protect our freedom while few of these rich banksters on Wall Street have ever found it in their psyche to serve the nation. They serve themselves.

While average Americans are serving and dying, these @#$%^%’s count their bonus money that they have stolen from us with TARP and via the Fed and now they get a tax cut. Someone needs to start paying for the costs of those fighting for our freedom and it shouldn’t be on the Chinese tab.


44 posted on 12/19/2010 2:15:21 PM PST by apoliticalone
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To: panaxanax

I disagree.

There is a war on between good and evil. This is just a battle. Giving up is not an answer.


45 posted on 12/19/2010 2:19:39 PM PST by little jeremiah (Courage is not simply one of virtues, but the form of every virtue at the testing point.CSLewis)
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To: Brices Crossroads

mark


46 posted on 12/19/2010 2:22:02 PM PST by ratsreek
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This whole thing has me baffled....Gates and Mullins claim the courts were gonna overturn DADT anyway. Since when did civilian courts have any say the way the military operates?...Would this have gone to the Supremes had that happened?. Im very sad and confused by all this. Anybody shed any light on this for me?...thx


47 posted on 12/19/2010 2:23:14 PM PST by basalt
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This whole thing has me baffled....Gates and Mullins claim the courts were gonna overturn DADT anyway. Since when did civilian courts have any say the way the military operates?...Would this have gone to the Supremes had that happened?. Im very sad and confused by all this. Anybody shed any light on this for me?...thx


48 posted on 12/19/2010 2:23:24 PM PST by basalt
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To: apoliticalone

“What actually bothers me much more than repeal of DADT is the fact that only average Americans are serving to protect our freedom while few of these rich banksters on Wall Street have ever found it in their psyche to serve the nation. They serve themselves.

While average Americans are serving and dying, these @#$%^%’s count their bonus money that they have stolen from us with TARP and via the Fed and now they get a tax cut. Someone needs to start paying for the costs of those fighting for our freedom and it shouldn’t be on the Chinese tab.”

Disagree. I am against repealing DADT. It bothers me a lot.

I am also in favor of Tax cuts. I don’t care the income level of those who get them or whether or nor they are bankers.

as for this commment:

“Someone needs to start paying for the costs of those fighting for our freedom and it shouldn’t be on the Chinese tab.”

Are you suggesting we raise taxes or have a draft? Bad ideas both. Although the repeal of DADT threatens the volunteer army and makes a draft more likely IMHO, which is a bad thing.

I do however agree with you on TARP and the Fed.


49 posted on 12/19/2010 2:27:03 PM PST by Brices Crossroads
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To: Brices Crossroads
Palin, as President, could reverse or modify any regulation of Obama concerning gays in the military

Has Palin gone on the record regarding the issue?

50 posted on 12/19/2010 2:27:36 PM PST by Notary Sojac (I've been ionized, but I'm okay now.)
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To: dila813
This represents Obama’s biggest failure in the war on terror.

Exactly right. Patiently waiting for our new CIC, Sarah Palin. . .

51 posted on 12/19/2010 2:28:28 PM PST by Art in Idaho (Conservatism is the only hope for Western Civilization.)
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To: dila813

Failure? He´s wreaking the nation on purpose. From his perspective he´s succeeding beyond his wildest dreams.


52 posted on 12/19/2010 2:28:28 PM PST by onedoug
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To: Brices Crossroads

God will not be mocked. Unless this policy is reversed we will be witness to existential history where a once great army begins to get routed in battles of consequence.


53 posted on 12/19/2010 2:29:07 PM PST by Steelfish (ui)
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To: umgud

it won’t.


54 posted on 12/19/2010 2:29:44 PM PST by rtf2010
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To: brucek43

Well, it wasn’t even mentioned in their contract, so there’s nothing really in it that breaks that contract.


55 posted on 12/19/2010 2:29:49 PM PST by alric1952
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To: Lucky Dog

This repeal and that UCMJ article are contradictory; wouldn’t the more recent law take precedence?


56 posted on 12/19/2010 2:29:51 PM PST by C210N (0bama, Making the US safe for Global Marxism)
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To: Lucky Dog
"Repeal of the law noted above does not repeal the Uniform Code of Military Justice (UCMJ). "

No, but United States v. Marcum, 60 M.J. 198 (C.A.A.F. 2004) applies Lawrence v. Texas in a limited way to Art. 125. Is Art. 125 a dead letter because of Lawrence? Not quite, but it's headed there.

US v. Marcum found a right for US service members to non-prejudicial sodomy. In its opinion, the Court laid out a number of instances where Lawrence wouldn't apply to Art. 125 - some of those were non-consensual sodomy, sodomy between an adult and a minor child, and sodomy between a subordinate and superior, which was the circumstance in Marcum's case. The Court affirmed the finding of Marcum's guilt, but only because he was in the chain-of-command of his sexual partner.

With the repeal of 10 U.S.C. § 654, it is HIGHLY unlikely (to the point of virtual certainty) that Art. 125 will be applied to homosexuals, so long as they don't fall into any of the aforementioned categories.

57 posted on 12/19/2010 2:32:28 PM PST by OldDeckHand
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To: onyx

http://washingtonindependent.com/85609/the-text-of-liebermans-dont-ask-dont-tell-repeal


58 posted on 12/19/2010 2:40:19 PM PST by apronius (Good start, but not complete.)
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To: C210N
"This repeal and that UCMJ article are contradictory; wouldn’t the more recent law take precedence?"

The repeal of DADT and Art. 125 are mutually exclusive. One has nothing to do with the other, legally speaking.

Art. 125 applied to both straight and homosexual service members, at least until the Supreme Court case Lawrence v. Texas in 2003, and the relevant case law that sprung from that decision. I describe it in more detail in my post just above.

59 posted on 12/19/2010 2:40:45 PM PST by OldDeckHand
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To: Brices Crossroads

http://washingtonindependent.com/85609/the-text-of-liebermans-dont-ask-dont-tell-repeal


60 posted on 12/19/2010 2:40:54 PM PST by apronius (Good start, but not complete.)
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