Advertisement

Archive for Friday, September 10, 2010

Judge: Military’s ban on gays unconstitutional

September 10, 2010

Advertisement

— A federal judge on Thursday declared the U.S. military’s ban on openly gay service members unconstitutional and said she will issue an order to stop the government from enforcing the “don’t ask, don’t tell” policy nationwide.

U.S. District Judge Virginia Phillips said the ban violates the First and Fifth Amendment rights of gays and lesbians.

The “don’t ask, don’t tell” policy prohibits the military from asking about the sexual orientation of service members. Under the 1993 policy, service men and women who acknowledge being gay or are discovered engaging in homosexual activity, even in the privacy of their own homes off base, are subject to discharge.

In her ruling, Phillips said the policy doesn’t help military readiness and instead has a “direct and deleterious effect” on the armed services by hurting recruiting during wartime and requiring the discharge of service members with critical skills and training.

The Log Cabin Republicans, a 19,000-member group that includes current and former military members, filed a lawsuit in 2004 seeking an injunction to stop the ban’s enforcement. Phillips will draft the injunction with input from the group within a week, and the federal government will have a week to respond.

The U.S. Department of Justice can file an appeal but there was no immediate word of that.

After-hours e-mails and calls requesting comment from government attorney Paul G. Freeborne and from the Pentagon were not immediately returned Thursday evening.

Government lawyers said the judge lacked the authority to issue a nationwide injunction.

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.

Comments

Ray Parker 3 years, 7 months ago

It is constitutional, legitimate, and prudent to discriminate against bad and destructive behavior like sodomy. According to the Centers for Disease Control, over 82% of all known sexually-transmitted HIV cases in 2006 were the result of male-to-male sexual contact. Moreover, gay and bisexual men account for over 60% of all syphilis cases. 21-43% of homosexual males have had several hundred sex partners. Sodomites are 2% of the population and commit one third of child rapes and molestations. Recriminalize sodomy.

0

Disk2Legacy 3 years, 7 months ago

This will open a can of worms.

0

grammaddy 3 years, 7 months ago

So repeal the policy already!

0

Commenting has been disabled for this item.