Court orders immediate halt to gay military ban

AP ^ | 07-06-2011 | Staff

[Red Badger]

SAN FRANCISCO (AP) -- A federal appeals court has barred further enforcement of the U.S. military's ban on openly gay service members.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the "don't ask, don't tell" policy must be immediately lifted now that the Obama administration says it's unconstitutional to treat gay Americans differently under the law.

[ScottinVA]

the "don't ask, don't tell" policy must be immediately lifted now that the Obama administration says it's unconstitutional

HARK! The King has spoken! Same going to apply to DOMA?

[rockinqsranch]

“A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the “don’t ask, don’t tell” policy must be immediately lifted now that the Obama administration says it’s unconstitutional to treat gay Americans differently under the law.”

cuz Obama sed so!?

[massgopguy]

There’s not even going to be a blotch where SCOTUS slaps them down on this one.

[edcoil]

Story I am hoping to see.

A federal appeals court has barred further enforcement of the U.S. Government “progressive tax policy” on American citizens.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the “make someone else pay their “fair share” policy must be immediately lifted now that the Obama administration says it’s unconstitutional to treat Americans differently under the law.

The ruling was the latest legal development in the long-running effort to end the policy by “taxing everyone but me” supporters.

[AdamBomb]

Old Headline:
“Court orders immediate halt to gay military ban”

New Headline:
“Soldiers have constipational right to play ‘hide the sausage’ while shooting their guns.”

[KC_Lion]

Obama isn't even like a King, he is more of a Dictator

The People's Supreme Representative Il Douche HAS SPOKEN!!!!

When are people going to stand up to him? and WHY! Is it because they are afraid to be called racist? We are going to let our country go to hell in a handbasket because of some sense of misplaced, misbegotten guilt? No other culture in the world did(does) that!

[little jeremiah]

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WHy don't Repubs stand up against this? Why the silence?

[savagesusie]

This is government fascism interfering with religion and forcing Christians to rewrite the Bible. So unconstitutional because it denies our fundamental right to set our own religious moral code.....Government is forcing a code that is unconstitutional because it goes against Natural Law and God’s Laws—the foundation of our government and legal system.

They are forcing atheism and Marxism—denial of God’s design of man and woman—to force this egalitarianism where man and women are exactly the same and interchangeable....a biological lie so they can destroy the family unit....but then, they need to kill God so they can redesign man in their silly, destructive manner. Force Christians out of the military....the reason why their has never been a more moral military in the history of the world....

The Marxists want atheist/homosexual militaries, like the Brownshirts and the Russians where they will kill who ever the masters want them to....their own citizens. American troops never would have even contemplated that because of their Christian heritage and that standard that is being destroyed where character and honor matter. US was unique in their military...and we are destroying the Christian aspect that made it so.

[little jeremiah]

Another one about this insanity:

http://www.freerepublic.com/focus/news/2744772/posts?page=4

In reversal, federal court orders immediate end to ‘don’t ask, don’t tell’ policy
The Washington Post ^ | 07/06/11 | Associated Press

[sickoflibs]

RE :"A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the "don't ask, don't tell" policy must be immediately lifted now that the Obama administration says it's unconstitutional to treat gay Americans differently under the law"

How the h... can it be 'unconstitutional' to treat those that exhibit 'homosexual behaviour' different than those that exhibit hetrosexual behavior when in the military???

How about a rule that says "No sexual or sensual physical contact (including kissing) any member of the opposite sex as long as you are in the US military"? And no same sex marriage either?? And that applies to all, even hetrosexuals, no discrimination there. Idiots.

[fwdude]

There will have to be a repeal first, and guess who is manning the repeal button?

[org.whodat]

How about firing the 9Th, what a bunch of clowns.

[Lucky Dog]

At issue is the repeal of Section 654 of Title X of the U.S. Code. This law, on the books since 1993, states (in part): "The presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability."

Repeal of the 1993 law noted above did not repeal the Uniform Code of Military Justice (UCMJ).

The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951.

Uniform Code of Military Justice [excerpted]:

Article 125.

“(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient 
to complete the offense.

(b) Any person found guilty of sodomy shall by punished as a court-martial may direct.”

The oath taken by every president on first entering office is specified in Article II, Section 1, of the Constitution:

I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States. [emphasis added]

US Constitution [excerpted]

Article I

Section. 8.

Clause 14: [The Congress shall have Power] To make Rules for the Government and Regulation of the land and naval Forces;

Note that Congress has prohibited sodomy in the military through the UCMJ. All of the extraneous uproar concerning the repeal of the 1993 law is just that unless Congress takes the additional action of changing the UCMJ. Military commanders, including the “Commander-in-Chief,” are obligated by their oaths of office to enforce the rules and regulations made pursuant to laws (UCMJ) promulgated by Congress for the US military.

Without a change to the UCMJ eliminating the prohibition on sodomy, it appears the policy will revert to that which existed before 1993. Homosexual practitioners, if discovered (provably) engaging in sodomy, will be subject to court-martial. Consequently, the only way this situation can be averted is for the Commander-in-Chief to violate his oath to support the Constitution and issue illegal orders not to enforce the UCMJ.

[sickoflibs]

OPPS, I mean:

“”No sexual or sensual physical contact (including kissing) any member of the SAME sex as long as you are in the US military”?

[DOGHEAD]

How many homosexual men really want to go sign up for the Marines and go off to Paris island? A lot of them would rather work in restaurants around Atlanta.

[ZULU]

The 9th Circus strikes again.

One of the first priorites of a conservative President should be to dismember the 9th Circus.

[xzins]

I do not support gays in the military. I do believe they are a combat debilitator and not a combat multiplier.

However, given the logic of the court that the Constitutional Commander in Chief of the US Military has declared the policy unconstitutional, I find it hard to disagree with their logic.

The only reprieve would be the Congress, but they, too, have said that they are rescinding the policy.

The change is wrong, but the court’s logic makes sense even though it’s a very liberal 9th circuit.

[ZULU]

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the “don’t ask, don’t tell” policy must be immediately lifted now that the Obama administration says it’s unconstitutional to treat gay Americans differently under the law.

Since the Courts are supposed to reach determinations of constitutionality, not the executive, this decision should be void and of no standing.

[Red Badger]

According to the UCMJ, which hasn't been changed, it is illegal to engage in homosexual acts: ------------------------------------------------------------------------------------ Uniform Code of Military Justice [excerpted]: Article 125. “(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration, however slight, is sufficient 
to complete the offense. (b) Any person found guilty of sodomy shall by punished as a court-martial may direct.” ---------------------------------------------------------------------------------- If one is homosexual but does not engage in these acts, you can stay in the military until you retire...............