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Ear to the Ground

‘Don’t Ask, Don’t Tell’ Is Struck Down

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Posted on Sep 10, 2010
U.S. Army / Mike Strasser

“Don’t ask, don’t tell” is unconstitutional, a federal judge in California ruled late Thursday, striking down the military’s 17-year-old homophobic compromise that allows gay participation in the armed forces as long as they shut up about their orientation and do not “engage in homosexual acts.”

Let’s see how right-wing reactionary ministers burn their way out of this one. —JCL

The New York Times:

The “don’t ask, don’t tell” policy toward gay members of the military is unconstitutional, a federal judge in California ruled Thursday.

Judge Virginia A. Phillips of Federal District Court struck down the rule in an opinion issued late in the day. The policy was signed into law in 1993 as a compromise that would allow gay and lesbian soldiers to serve in the military.

The rule limits the military’s ability to ask about the sexual orientation of service members, and allows homosexuals to serve, as long as they do not disclose their orientation and do not engage in homosexual acts.

The plaintiffs challenged the law under the Fifth and First Amendments to the Constitution, and Judge Phillips agreed.

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By MichaelTheOneL, September 14, 2010 at 1:45 pm Link to this comment

I had, when I could afford to, subscribed to ‘The Nation.’  I’ve recently gotten back to work, but for more than 1 year, I have not been getting The Nation.  I had read many pieces by Robert Scheer, loved them greatly, but never realy paid close attention to the author’s name untill about 3 weeks back, (I’m glad I always save my old issues).  So, I have only just learned of TruthDig about 1 & 1/2 weeks ago,  coulda, shoulda would have.
It pays to pay close attention to the authors name when you realy love a article! 
Michael Serota, Progressive Forever…

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Leefeller's avatar

By Leefeller, September 12, 2010 at 2:52 am Link to this comment

Personally,  I prefer and like the idea of “Don’t ask, don’t tell”! but it should be applied to religion!

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By RayLan, September 11, 2010 at 8:33 am Link to this comment

“In the military establishments of more than 30 countries, including U.S. allies such as Israel, Canada and the United Kingdom, gays and lesbians are allowed to openly serve in their country’s military.”
Gobal News Journal
As usual the US is holding up the rear on human rights - not surprising the way the US military respects the civil rights of foreign nationals in the countries they attack.

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By Paul_GA, September 11, 2010 at 6:39 am Link to this comment

I expect the military will fight this tooth and nail all the way to the Supreme Court—and then, if they lose, all sorts of pressures will be put (“unofficially”, of course) on openly gay soldiers, sailors, etc. to transfer or desert (or resign their commissions, if they’re officers). I can see murders being committed, and a “code of silence” wrapped around them; particularly in combat units, and especially super-macho elite ones like the Marines, the Rangers, the Green Berets, and the SEALs. In the US military mindset, being gay and being an effective soldier/sailor/whatever just don’t mix.

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By rend, September 10, 2010 at 10:23 pm Link to this comment
(Unregistered commenter)

Can Permanent War Economy, State Monopoly Capitalism and Military Keynesianism all be
rules unconstitutional too?

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By MichaelTheOneL, September 10, 2010 at 2:39 pm Link to this comment

Fighting words to the Christian-Right: “Feed the hungry…  Heal the sick…  Love…”  Who had the nerve to teach those doctrines?      Also:  Conception does not create a soul - which comes later.  Spiritual beings…  Sometimes abortion is the only moral choice.  Evolution: Genesis 1:19-20.

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