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Ruling Allows Openly Gay Men, Women to Sign Up
DEFENSE.gov (AMERICAN FORCES PRESS SERVICE) ^ | October 19, 2010 | by Jim Garamone

Posted on 10/20/2010 3:22:48 AM PDT by Cindy

NOTE The following text is a quote:

Ruling Allows Openly Gay Men, Women to Sign Up

By Jim Garamone American Forces Press Service

WASHINGTON, Oct. 19, 2010 – Openly gay men and lesbian women now can apply to join the military, Defense Department officials said today.

The department issued guidance Oct. 15 to process paperwork for openly gay men or lesbian applicants. The instructions come from a California federal judge’s decision that the so-called “Don’t Ask, Don’t Tell” law is unconstitutional.

On Oct. 12, U.S. District Judge Virginia Phillips enjoined DOD “immediately to suspend and discontinue any investigation, or discharge, separation or other proceeding that may have commenced under the ‘Don’t Ask, Don’t Tell’ Act or its implementing regulations.”

Pentagon officials said the department will abide by the judge’s order, and that part of that compliance is allowing openly gay people to apply to join the military. But citing uncertainty over final disposition of the matter in the courts and on Capitol Hill, a DOD spokeswoman said potential applicants must be aware that the situation may change.

“Recruiters are reminded to set the applicants’ expectations by informing them that a reversal in the court’s decision of the ‘Don’t Ask, Don’t Tell’ law/policy may occur,” Cynthia Smith said.

Phillips said yesterday that she is leaning against granting the government’s request for a stay of her order. The Justice Department has indicated it will appeal her decision declaring the law unconstitutional to the 9th Circuit Court of Appeals.

The Defense Department wants a deliberative, long-range look at any changes in the law, said Pentagon spokesman Marine Corps Col. Dave Lapan. Defense Secretary Robert M. Gates set up a working group to examine the ramifications of a possible repeal of the law that bars gays and lesbians from serving openly in the military. The group is scheduled to submit its report Dec. 1.

“The review that is going on would look at all the far-ranging impacts of what changing the law would mean,” Lapan said.

A long-range plan for changing the law would include a period of transition to conduct training, to ensure that everybody was informed about new policies and procedures, Lapan explained.

“In the current environment with the stay, you don’t have the time to go through all these processes and make sure you determine what effect this has on housing, benefits, training on individuals across the board,” he said.

The legislative remedy would allow that work to move forward, Lapan said, as the department would have “the chance to study the impacts, to get the input from the force and to make adjustments and changes before an abrupt change in the law occurs.”

Lapan said it is too early to draw any conclusions about Phillips’ stay and what is happening in the force.

“I would caution against conclusions made from just a few days of having a stay in place,” he said. “A repeal of the law will have far-reaching effects. Now we are sort of in a holding pattern on discharges and proceedings related to enforcing the current law.”


TOPICS: History; Military/Veterans; Reference
KEYWORDS: dadt; diversity; homosexualagenda; homosexuals; military; uscourts; usmilitary
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1 posted on 10/20/2010 3:22:51 AM PDT by Cindy
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To: All
Previously...


DEFENSE.gov (AMERICAN FORCES PRESS SERVICE): Washington - "INJUNCTION STANDS DURING 'DON'T ASK, DON'T TELL' APPEAL" by Jim Garamone (October 15, 2010)

DEFENSE.gov (AMERICAN FORCES PRESS SERVICE): Washington - "DEPARTMENT ABIDES BY 'DON'T ASK, DON'T TELL' INJUNCTION" by Jim Garamone (October 14, 2010)

2 posted on 10/20/2010 3:23:31 AM PDT by Cindy
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To: Cindy

Very sad day for America. Our military has no balls. Can you say draft anyone?


3 posted on 10/20/2010 3:26:03 AM PDT by central_va (I won't be reconstructed, and I do not give a damn.)
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To: Cindy

4 posted on 10/20/2010 3:27:41 AM PDT by fso301
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To: Cindy

....does the ruling allow physical retaliation for persistent unwanted advances?


5 posted on 10/20/2010 3:36:23 AM PDT by Doogle ((USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: All

http://www.cnsnews.com/news/article/troops-discharged-being-homosexual-try-r

“Troops Discharged for Being Homosexual Try to Re-enlist”
Wednesday, October 20, 2010
By Anne Flaherty and Julie Watson, Associated Press

SNIPPET: “San Diego (AP) - At least three service members discharged for being gay have begun the process to re-enlist after the Pentagon directed the military to accept openly gay recruits for the first time in the nation’s history.”

SNIPPET: “”Gay people have been fighting for equality in the military since the 1960s,” said Aaron Belkin, executive director of the Palm Center, a think tank on gays and the military at the University of California Santa Barbara. “It took a lot to get to this day.””


6 posted on 10/20/2010 3:37:13 AM PDT by Cindy
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To: Cindy

A judge repeals Congressional power “To make rules for the government and regulation of the land and naval forces” in Article I Section 8.

If this usurpation of the Constitution is not grounds for impeachment and removal, nothing is.

A real President would order the DOD to ignore Phillips.


7 posted on 10/20/2010 3:48:42 AM PDT by Jacquerie (The Law is too important to be left to Judges.)
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To: central_va

“...Can you say draft anyone?”

The Left’s goal.


8 posted on 10/20/2010 3:51:28 AM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: Jacquerie
This means that enlistments will go way down. It opens the door wide open for conscription, in other words the draft is coming and you will be forced to participate with the homosexuals. It will destroy the military which is what Obama intended.
9 posted on 10/20/2010 3:52:43 AM PDT by Flavious_Maximus
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To: Jacquerie

“A real President would order the DOD to ignore Phillips.” Well stated!


10 posted on 10/20/2010 3:54:15 AM PDT by stocksthatgoup
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To: Doogle
Think about those small, intimate, two cadet rooms in the military academies. Will a straight cadet be forced to room with a gay cadet? Will two gay cadets be assigned together? Think about how well that is likely to work out. The safest arrangement would be to assign a lesbian cadet and a gay cadet to the same room.

In the final analysis, if any of those arrangements are on the table, logically there is no reason why a straight female cadet could not be forced to room with a straight male cadet.

Good order and discipline just took a long walk over a short pier. This is beyond asinine.

11 posted on 10/20/2010 3:56:38 AM PDT by behzinlea
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To: Cindy

THIS INSANITY MUST BE STOPPED!!!!! DRAFT COMING SOON....MEN AND WOMEN!!!


12 posted on 10/20/2010 4:02:55 AM PDT by Ann Archy (Abortion......the Human Sacrifice to the god of Convenience.)
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To: Cindy
So this surprises who?

Considering that PC, Moonbat, Moron, McMullen has championed this, does anyone believe he would for one minute order the recruiters to being accepting Gays BEGINING on, say, January 1st of next year, stating that their needed to be a transition period to (he could have come up with some BS reason) "make the proper adjustments or whatever" and I think would have been on solid ground and allowed for the appeal process to go forth?

Who (other than Dear Leader) could have forced him (or JCS) to do otherwise? Certainly not that airhead, Judge?

What could she have done? Hold the Military in contempt? And if she did, how long would that have taken to wind its way thru the courts?

I can see the the handwriting of the Leftist Loon JAGS and other ACLU-like ambulance-chasers in the DOJ, all over this decision!

They caved BECAUSE THEY WANTED TO!!!

13 posted on 10/20/2010 4:10:42 AM PDT by Conservative Vermont Vet ((One of ONLY 37 Conservatives in the People's Republic of Vermont. Socialists and Progressives All))
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To: Doogle
"....does the ruling allow physical retaliation for persistent unwanted advances?"

Of course not. In fact rejection of such advances could be evidence of discriminatory motive and subject the cadet to discipline and reeducation. only semi sarcasm flag.

14 posted on 10/20/2010 4:15:41 AM PDT by Truth29
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To: Conservative Vermont Vet

Does ANYONE think there will be a flood of gay folks lining up to enlist? Of course not. It probably won’t change much. Just like kids from “Blue States” only more so, gays won’t be going near the military. Certainly not in any significant numbers. The “journalists” will always be able to find a couple and if they can’t they will fabricate some.


15 posted on 10/20/2010 4:28:00 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Cindy

Does anyone wonder how a Judge can suddenly discover restrictions that have stood for decades (and no doubt survived legal challenges) is suddenly unconstitutional? So much for legal precedent. In the future, we will be effectively governed by Liberal judges putting out decrees. A nation of men, not of laws.


16 posted on 10/20/2010 4:29:14 AM PDT by rbg81 (When you see Obama, shout: "DO YOUR JOB!!")
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To: wastoute

There already are a lot of gays and lesbians in the military. I agree with you that they’re not going to line up to enlist. The ones that do...are they doing their job? Just curious.


17 posted on 10/20/2010 4:30:55 AM PDT by merry10
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To: rbg81
Does anyone wonder how a Judge can suddenly discover restrictions that have stood for decades (and no doubt survived legal challenges) is suddenly unconstitutional? So much for legal precedent. In the future, we will be effectively governed by Liberal judges putting out decrees. A nation of men, not of laws.

The prohibition of gays in the military has never been found unconstitutional, and it has been challenged before. I knew a guy in the Navy who got kicked out for being gay; months later, I saw in the news that he was going before the Supreme Court to challenge it. This was back in the 80s.

Technically, a repeal of "Don't Ask, Don't Tell" would mean asking and disqualifying on the spot if the answer is affirmative.

Although the MSM is careful to give the impression that gays were allowed in the military until "Don't Ask, Don't Tell," the truth is that it was a face-saving policy put in place by Clinton when his attempt to force the military to accept gays was wildly unpopular. It was meant to allow gays to enlist/get commissioned as long as they keep quiet about it.

18 posted on 10/20/2010 5:14:15 AM PDT by exDemMom (Now that I've finally accepted that I'm living a bad hair life, I'm more at peace with the world.)
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To: wastoute
Does ANYONE think there will be a flood of gay folks lining up to enlist? Of course not. It probably won’t change much.

You apparently don't know much about radical, military homo-activists. Yes, there WILL be an increase in enlistment of openly "gay" men and women just as there was a flood of "marriage" applicants who really had no desire to "marry" when a state mandates homo-"marriage." They do it for various reasons, but the underlying motivation is to stick it to moral, traditional Americans and to further erode our culture. This prospect makes these anarchists literally salivate.

Many of these enlistees will prove to be woefully unqualified to serve for various reasons other than their homosexuality, but, wearing their "gay" badge of immunity, their "sexual orientation" will be perceived to be the primary reason for their rejection, and they will whine and cry until goodies come to them in some form.

19 posted on 10/20/2010 5:23:20 AM PDT by fwdude (Anita Bryant was right.)
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To: Doogle

Every one of my Bibles say they who do such abomination are worthy of death. and American history teaches that once upon a time American law makers understood no law contrary to the Laws dictated by God,Himself-were well made/valid. I suspect the Military may gain a few gay activists but lose a lot more
Barry Winchells( whom I believe was not killed because he was gay— but because the murderer thought it wrong that someone perceived as gay had been rewarded) A very dark day for America.


20 posted on 10/20/2010 5:24:02 AM PDT by StonyBurk (ring)
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