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Thread: Judge orders lesbian Air Force nurse reinstated

  1. #1
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    Judge orders lesbian Air Force nurse reinstated

    (CNN) -- A federal judge has ordered the reinstatement of an openly lesbian former Air Force major who was dismissed from the military under the government's "don't ask, don't tell" policy.

    Judge Ronald Leighton of Tacoma, Washington, made his ruling Friday. It is the latest legal and political setback for the Obama administration, which is seeking to end the policy through a legislative and executive solution.

    Maj. Margaret Witt, a decorated flight nurse with 20 years of service, had sued to return to the Air Force Reserve. She was honorably discharged in July 2007 on the grounds that she had a six-year relationship with another woman, a civilian.

    "Her discharge from the Air Force Reserves violated her substantive due process rights under the Fifth Amendment to the United States Constitution. She should be restored to her position as a flight nurse with the 446th AES as soon as is practicable," wrote the judge.
    Judge orders lesbian Air Force nurse reinstated - CNN.com

    I do applaud the Judge standing up for this woman.

    HOWEVER!

    If stuff like this makes it harder to get rid of DADT all together then I don't support his decision.

    As at least one particular person I've seen (and we all know who that is) that claims that repealing DADT gives gays special priviledge... it doesn't. Gays just want to be able to serve their country openly and proudly as WHO THEY ARE. If you have a problem with that, damn do I feel sorry for you.

    Constitution this, and constitution that, declaration of independence this RA RA RA RA...

    Guess all men aren't created equal eh...

    And please, if you're gonna cite "Where is sexual orientation protected under the constitution?"

    If you're a true believer in freedom, then you should demand that it is, explicitely expressed.

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    Re: Judge orders lesbian Air Force nurse reinstated

    This was to be expected and like many others I don't really care about then serving as long as does not affect the cohesion of the units they are in.

    The UCMJ prohibits any fraternization what so ever so as long as they keep their hands to themselves they should do just fine if they just do their jobs. .

    Okay all you Liberals that are shock over a Conservative not freaking out over this can regain consciousness now.

    I have a gay younger brother who was kicked out of the Army for being gay so I do know a little bit about it, I also know he was a good soldier while it lasted.

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    Re: Judge orders lesbian Air Force nurse reinstated

    Since when does a civilian judge have the authority to critique military personnel practices?
    "We the people are the rightful masters of both Congress & the courts, not to overthrow the Constitution, but overthrow the men who pervert the Constitution."
    - Abraham Lincoln

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    Re: Judge orders lesbian Air Force nurse reinstated

    Quote Originally Posted by Diogenes View Post
    Since when does a civilian judge have the authority to critique military personnel practices?
    I don't think they can. Its probably more symbolic. What I can't figure out is if the decesion has no legal weight on the military how did the case get brought through the court system in the first place?
    Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

    John Adams

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    Re: Judge orders lesbian Air Force nurse reinstated

    That's great for Maj. Margaret Witt, but what about Air Force Maj. Michael Almy (ret.), driven from the military during the war in Iraq because the USAF went through his private emails. Didn't they have better things to do, like maybe, a war. Maj. Almy's father and two uncles were career military officers. He served 3 tours in Iraq as well as Jordan and Saudi Arabia.

    Or how about Lt. Col. Victor Fehrenbach? An 18-year veteran (two years short of retirement) of the United States Air Force and an F-15 fighter pilot. He flew 88 combat missions over Afghanistan, Iraq and Kosovo. He was awarded nine air medals, including one for heroism. They no longer need his services, despite his past performance and approximately 25 million dollars invested in his training.

    Col. Fehrenbach was 'found out' after consensual sex, off base, with a civilian, was falsely reported as a claim of sexual assault, as concluded by the Air Force Office of Special Investigations.

    They didn't ask or tell.
    “We just simply don’t know how to govern” - Rep. Steve Womack (R-AR) a member of the House Budget Committee

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    Re: Judge orders lesbian Air Force nurse reinstated

    Quote Originally Posted by BWG View Post
    That's great for Maj. Margaret Witt, but what about Air Force Maj. Michael Almy (ret.), driven from the military during the war in Iraq because the USAF went through his private emails. Didn't they have better things to do, like maybe, a war. Maj. Almy's father and two uncles were career military officers. He served 3 tours in Iraq as well as Jordan and Saudi Arabia.
    Wrong.

    He used government equipment to send those emails and one he sent to a military officer. Of course he was in voilation.

    Or how about Lt. Col. Victor Fehrenbach? An 18-year veteran (two years short of retirement) of the United States Air Force and an F-15 fighter pilot. He flew 88 combat missions over Afghanistan, Iraq and Kosovo. He was awarded nine air medals, including one for heroism. They no longer need his services, despite his past performance and approximately 25 million dollars invested in his training.

    Col. Fehrenbach was 'found out' after consensual sex, off base, with a civilian, was falsely reported as a claim of sexual assault, as concluded by the Air Force Office of Special Investigations.

    They didn't ask or tell.
    Where is the link to support those findings?

    The assault charges were dropped, but the Air Force investigation continued.

    The Air Force Personnel Board is still reviewing Fehrenbach's case and government lawyers are reviewing his request for an injunction, the Air Force said Thursday.



    Its amazing how you and so many others believe if someone breaks the law its ok if you personally don't agree with it. Unbelievable.
    Last edited by texmaster; 09-25-10 at 12:53 PM.
    Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

    John Adams

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    Re: Judge orders lesbian Air Force nurse reinstated

    Quote Originally Posted by Diogenes View Post
    Since when does a civilian judge have the authority to critique military personnel practices?
    Since said military personnel practices were required by Federal law, which is subordinate to the Constitution.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

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    Re: Judge orders lesbian Air Force nurse reinstated

    Quote Originally Posted by texmaster View Post
    Its amazing how you and so many others believe if someone breaks the law its ok if you personally don't agree with it. Unbelievable.
    Well, since that's the basic premise of every act of civil disobedience . . . yeah.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

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    Re: Judge orders lesbian Air Force nurse reinstated

    Quote Originally Posted by texmaster View Post
    I don't think they can.
    obama's doj appears to agree with you

    Obama seeks to limit ruling on gays in military | Reuters

    this filing, mind you, was made thursday, two days AFTER reid bellyflopped on the floor

  10. #10
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    Re: Judge orders lesbian Air Force nurse reinstated

    Quote Originally Posted by texmaster
    Wrong.
    He wasn't outed when someone went through his private email?

    Quote Originally Posted by texmaster
    He used government equipment to send those emails and one he sent to a military officer. Of course he was in voilation.
    Major Almy had an undergraduate degree in Information Technology, which he utilized in his shorten AF career.

    After Almy completed his third deployment to Iraq in January 2005, someone began using the same computer Almy had used while deployed; that person searched Major Almy’s private electronic mail message (“e-mail”) files without his knowledge or permission. The search included a folder of Major Almy’s personal e-mail messages*, sent to his friends and family members, and read messages, including at least one message to a man discussing homosexual conduct. Almy thought the privacy of his messages was protected; he was very knowledgeable about the military’s policy regarding the privacy of e-mail accounts because of his responsibility for information systems. He knew, for example, that according to Air Force policy, e-mail accounts could not be searched unless authorized by proper legal authority or a squadron commander or higher in the military chain of command.

    Michael Almy, United States Air Force 1993 – 2006 | argumentum ad cerebrum
    Further

    Colonel Paul Trahan, US Army (Ret.), wrote: "My view is that Major Almy has been, and will continue to be an excellent officer. As a former Commander and Inspector General I am well aware of the specifics of the Homosexual Conduct Policy. To my knowledge, Major Almy is not in violation of any of the provisions of the policy. To the contrary, it appears that in prosecuting the case against Major Almy, the USAF may have violated the 'Don't Ask, Don't Tell Policy,' the Electronic Privacy Act and Presidential directives regarding the suspension of security clearances."

    http://openleft.com/upload/DADT%20op...209%202010.pdf
    Lt. Col. Fehrenbach

    The Air Force began investigating Fehrenbach in May 2008, after a man he met on the Internet spent an evening at his home and then accused him of rape. Fehrenbach admitted he is gay to police but denied the rape accusation. He was never charged, but Boise police told Fehrenbach’s command that he admitted to being gay.

    Lt. col. sues over ‘don’t ask’ - Air Force News, news from Iraq - Air Force Times
    . . . Fehrenbach then told the detective he had sex with Cameron Shaner on May 12, 2008. He’d met Shaner, 30, on a gay Web site and invited him to his southeast Boise home. Fehrenbach was soon cleared by police and the Ada County prosecutor’s office. The Air Force Office of Special Investigations subsequently found no violation of the Uniform Code of Military Justice. AFOSI concluded that Fehrenbach and Shaner had consensual sex, and that Shaner was an “unreliable source of information.”

    http://http://www.akawilliam.com/pro...bach-and-dadt/
    Quote Originally Posted by texmaster
    Where is the link to support those findings?
    Where's yours?


    Quote Originally Posted by texmaster
    Its amazing how you and so many others believe if someone breaks the law its ok if you personally don't agree with it.
    It's amazing how you and so many others believe a law was broken by the victim, based on your prejudice.

    Quote Originally Posted by texmaster
    Unbelievable.
    Yes, many cons are.
    “We just simply don’t know how to govern” - Rep. Steve Womack (R-AR) a member of the House Budget Committee

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