Judge: Military's ban on gays is unconstitutional

AP on Yahoo ^ | 9/9/10 | AP

[NormsRevenge]

RIVERSIDE, Calif. – A federal judge in Southern California has declared the U.S. military's ban on openly gay service members unconstitutional.

U.S. District Judge Virginia Phillips on Thursday granted a request for an injunction halting the government's "don't ask, don't tell" policy for gays in the military.

Phillips says the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services.

The lawsuit was the biggest legal test of the law in recent years and came amid promises by President Barack Obama that he will work to repeal the policy.

[Foolsgold]

Our all volunteer military will soon be an all gay volunteer military, the muzzies will have fun with that.

[onyx]

No photo, no personal information. You don’t think she’s a lesbian by chance, do ya?

[manc]

what’;s the betting the queers went judge shopping again like they always do and I resent log cabins calling themselves republicans

[liberalism is suicide]

Yeah, practical in discouraging re-enlistments and encouraging desertions.

[Pox]

Yet another activist judge that needs to be put out to pasture.

[dfwgator]

This is what they want, they know allowing gays in the military will drive down recruits and encourage more to get out.

Then they can have the draft again, liberals hate the all-volunteer armed forces, but that usually means they lean to the right.

[himno hero]

Sorry Pal- its practical to keep them out at many levels. I know I wouldnt feel comfortable showering thinking someone could be finding my butt appealing.

[DaveTesla]

“The injunction was sought by the Log Cabin Republicans, a 19,000-member group that includes current and former military members.”

[SoCal Pubbie]

Article One, Section Eight:

The Congress shall have power To:

Make rules for the government and regulation of the land and naval forces.

[little jeremiah]

The other thread is locked since it was a dupe, maybe ping this one!

[DJ MacWoW]

Will do!

[little jeremiah]

Too bad it’s locked, since the Boss chimed in.

[DJ MacWoW]

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Second ping as the other thread was locked. Sorry!

[ExTxMarine]

“Article One, Section Eight:”

You would think that would pretty much settle this question!

I mean, surely this judge CAN read the Constitution, even if she never HAS read the Constitution!

[little jeremiah]

It isn’t unconstitutional to not allow sexual perverts and the mentally ill into the military.

[DJ MacWoW]

Yup. But he could unlock it. If’n he wanted. :-)

[Political Junkie Too]

Yes. The President is the Commander-In-Chief, and the Congess makes the rules. The Judicial branch has no say in this matter because the checks and balances are already in place.

This ruling by the Supreme Court is unconstitutional, and the other two branches should say so, if only to assert their own co-equal powers.

-PJ

[longtermmemmory]

DADT is gone so does the law go back to outright prohibition?

I hope this is appealed.

[anniegetyourgun]

And the Left celebrates the destruction of discipline in the military that they loathe so much.

Imagine that - the U.S. military has been acting "unconstitutionally" since our founding.

[little jeremiah]

Merge ‘em!