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Thread: Judge orders military to stop enforcing don't ask, don't tell

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Quote Originally Posted by Redress View Post
    The injunction was for discharges under DADT. I think most if not all(probably all) discharges for being gay are under DADT rules, then this stops, temporarily at least, discharges for people being gay. Sodomy laws are, as always, a red herring, since they would have to be enforced the same for every one, which means just don't do it where others can see and nothing to worry about.
    Since DADT and the ban on gays are two different things, there's no way that could be the case, unless the judge is now saying that now need less evidence of a service member being gay, to disharge him.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    AFAIK, the current ruling is about dismissing people for being gay and investigations under way. It's technically not saying that DADT is gone, just that it can't be enforced. So, speaking strictly, it is still illegal to be openly gay in the military, but as of this ruling nothing can be done about it. DADT is therefore, effectively, no longer applicable, even the rule itself hasn't been removed.

    This is why I was never interested in becoming a lawyer. Too many technicalities.

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Quote Originally Posted by Redress View Post
    The amendment to the defense appropriations bill that did not pass the senate would have taken care of this in one fell swoop. However, the judge does not make law, and cannot do it all.
    Which means that it nothing more than judicial activism. Yes?
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Quote Originally Posted by CriticalThought View Post
    Who cares? They don't enforce the sodomy ban on heterosexual people, so I doubt they will enforce it on gay people.
    Actually, Article 124 is enforced on heteros. Since DADT has been dealt a staggering blow, it will be enforced, even moreso on gays. Why, you ask will it be enforced harder on gays, now? Well, because of this decision, the military is no longer prohibited from asking if someone is gay. I hope you're happy with the results.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Quote Originally Posted by apdst View Post
    Which means that it nothing more than judicial activism. Yes?
    What? The sentence you quoted is not relevant to "activism." It was describing what the judicial branch does.

    I've yet to ever read a claim of judicial activism that isn't best translated as "that judge did something I disagree with!"
    Last edited by Deuce; 10-12-10 at 08:05 PM.
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    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Quote Originally Posted by apdst View Post
    Since DADT and the ban on gays are two different things, there's no way that could be the case, unless the judge is now saying that now need less evidence of a service member being gay, to disharge him.
    No they are not two different things.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Quote Originally Posted by apdst View Post
    Which means that it nothing more than judicial activism. Yes?
    No, judicial activism would have been to create a whole new law.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Indeed, they can ask and get answered, but they now cannot do anything about the answer they get. For now. Gays are being told not to come out until it is settled for sure, whether in the Supreme Court or by the Congress.

    But not being able to enforce DADT is good. Having to study it just delayed ending it that much longer. It's just a lousy law altogether.

    Regards from Rosie
    "If you wanna get it done, you gotta fight for yourself." --Meat Loaf, Bat Outta Hell II

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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Rosie, the warning for gays to still not come out comes from a private advocacy group, Servicemembers Legal Defense Network. It will probably not be seen by all gay service people, though any gay servicemember who does not follow the words from SLDN is a fool, it is a truly great group.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
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    Re: Judge orders military to stop enforcing don't ask, don't tell

    Quote Originally Posted by The_Patriot View Post
    There aren't any military bases in California, Nevada, Arizona, Oregon, Washington, Idaho, and Wyoming? By military bases I am also referring to federal armories that belong to the reserve components of the federal military in addition to the normal military bases. The judge's court is in the 9th US Circuit Court.
    Well of course there are, but there are bases elsewhere is what I am getting at. I just don't understand the need for districts/circuits, if the effect of their rulings are going to be considered nationwide.
    "Loyalty only matters when there's a hundred reasons not to be-" Gen. Mattis

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