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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 apdst View Post
    Again, you're wrong. How is it so hard for people to understand that the ban on gays in the military hasn't been lifted?
    But the process to discharge people for being gay has been stopped. Why is it so hard for you to understand?
    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 apdst View Post
    The funniest part of all this, is when the JCS tells the circuit court to eat **** and die and dare the circuit to do something about it.
    Which would leave the JCS open to prosecution. They are not above the 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

    Quote Originally Posted by Redress View Post
    But the process to discharge people for being gay has been stopped. Why is it so hard for you to understand?
    Well, actually, it hasn't...!!

    The protections that DADT provided have been removed.
    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 WI Crippler View Post
    The question I am having, is that at what level of the court system do they have the authority to go from upholding legislative law, to overturning it? I'm not law savvy at all, and I don't understand how someone in # circuit court can strike down legislative law passed in Washington D.C. I would figure that is the purview of the Supreme Court exclusively, but it appears that may be wrong.
    As I understand it, any federal court can strike down a federal law(subject to appeal). There is a multi-teir system but the where the court is only matters in which cases it receives. Of course, I am not a legal expert either and with Right was here to comment on this for us.
    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 Redress View Post
    Which would leave the JCS open to prosecution. They are not above the law.
    Uh, yeah! Like that's going to happen. Especially since, now, gays are open game.
    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
    Well, actually, it hasn't...!!

    The protections that DADT provided have been removed.
    Prove this. I proved mine, you prove your claim. If there is no process for discharge, then how are discharges going to happen?
    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
    Uh, yeah! Like that's going to happen. Especially since, now, gays are open game.
    Again, you have shown no proof, nor any evidence whatsoever this is the case.
    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 WI Crippler View Post
    The question I am having, is that at what level of the court system do they have the authority to go from upholding legislative law, to overturning it? I'm not law savvy at all, and I don't understand how someone in # circuit court can strike down legislative law passed in Washington D.C. I would figure that is the purview of the Supreme Court exclusively, but it appears that may be wrong.
    That's a good question and I'm not 100% sure either. I know when it comes to matters of Constitutionality, SCOTUS can definitely override the legislature if the wrong kinds of laws are made. I'm curious to know what the criteria were for stopping the military from enforcing DADT in this case. My guess would be Equal Protection, but that's just a hunch.

    RightNYC needs to grace us with his knowledge.

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

    Quote Originally Posted by apdst View Post
    Uh, yeah! Like that's going to happen. Especially since, now, gays are open game.
    Open game? What does that even mean? It's not like the military is allowed to gang beat gays now, and it's not like there are suddenly big gay circuit parties happening in military bases the world over (although the though of that is rather amusing). The military, as of right now, is not allowed to enforce DADT.

    Let me make it simple for you:

    1) Being openly gay in the military is still against the rules.

    2) Right now the military cannot punish someone for being openly gay.

    The two are separate but related. The separation is important in understanding the nature of this ruling. It is still not really safe to be out of the closet for a couple of reasons. One is that #2 could be reversed, in which case if you come out now, you could be kicked out later. The other reason is that #1 still makes it unacceptable, even if you can't be punished for it.

    I seriously doubt we are going to see gays coming out right now. The whole rule needs to be destroyed before that can safely happen.

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

    Quote Originally Posted by apdst View Post
    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.
    I'm not too worried. It's all just posturing until it reaches the Supreme Court. By then, the public pressure to repeal it and the uniform code rules should be great enough. If not, then it will be national security that suffers.

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