*No he did not miss that .* On 10/12/10, Jonathan Ashley <[email protected]> wrote: > > I'll bet Tommy missed the part where it says the lawsuit was brought before > the court by Republicans. > > > On 10/12/2010 1:33 PM, dick wrote: > > BTW that is called legislating from the bench, something that judges should > not be able to do with laws that have been in existence for the better part > of 2 decades. Kinda makes you thing the judge has an agenda or something. > Whether you agree with what she did or not, this is not the way to do it. > > On 10/12/2010 04:14 PM, Tommy News wrote: > > Judge Orders Injunction on ‘Don’t Ask, Don’t Tell’ By THE ASSOCIATED PRESS > Published: > October 12, 2010 > > - Sign In to > E-Mail<http://www.nytimes.com/auth/login?URI=http://www.nytimes.com/aponline/2010/10/12/us/AP-US-Gays-in-Military.html> > - > Print<http://www.nytimes.com/aponline/2010/10/12/us/AP-US-Gays-in-Military.html?_r=1&emc=na&pagewanted=print> > > <http://www.nytimes.com/adx/bin/adx_click.html?type=goto&opzn&page=www.nytimes.com/aponline/yr/mo/day/us&pos=Frame4A&sn2=a520824f/27cc64f6&sn1=9359d1fa/659afedb&camp=foxsearch2010_emailtools_1225556c_nyt5&ad=127hrs_120x60_08.25&goto=http%3A%2F%2Fwww%2Efoxsearchlight%2Ecom%2F127hours> > > *Filed at 3:46 p.m. ET* > > SAN DIEGO (AP) — A federal judge issued a worldwide injunction Tuesday > stopping enforcement of the "don't ask, don't > tell<http://topics.nytimes.com/top/reference/timestopics/subjects/d/dont_ask_dont_tell/index.html?inline=nyt-classifier>" > policy, ending the U.S. military's 17-year-old ban on openly gay troops. > > U.S. District Court Judge Virginia Phillips' landmark ruling was widely > cheered by gay rights organizations that credited her with getting > accomplished what President > Obama<http://topics.nytimes.com/top/reference/timestopics/people/o/barack_obama/index.html?inline=nyt-per>and > Washington politics could not. > > U.S. Department of > Justice<http://topics.nytimes.com/top/reference/timestopics/organizations/j/justice_department/index.html?inline=nyt-org>attorneys > have 60 days to appeal. Legal experts say they are under no legal > obligation to do so and could let Phillips' ruling stand. > > The federal government is reviewing the ruling and has no immediate > comment, said Tracy Schmaler, spokesman for the Department of Justice. > > Phillips declared the law unconstitutional after a two-week nonjury trial > in federal court in Riverside and said she would issue a nationwide > injunction. But she asked first for input from Department of Justice > attorneys and the Log Cabin Republicans, the gay rights group that filed the > lawsuit in 2004 to stop the ban's enforcement. > > The Log Cabin Republicans asked her for an immediate injunction so the > policy can no longer be used against any U.S. military personnel anywhere in > the world. > > "The order represents a complete and total victory for the Log Cabin > Republicans and reaffirms the constitutional rights of gays and lesbians in > the miltiary for fighting and dying for our country," said Dan Woods, an > attorney for the Log Cabin group. > > Government attorneys objected, saying such an abrupt change might harm > military operations in a time of war. They had asked Phillips to limit her > ruling to the members of the Log Cabin Republicans, a 19,000-member group > that includes current and former military service members. > > The Department of Justice attorneys also said Congress should decide the > issue — not her court. > > Phillips disagreed, saying the law 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. > > She said the law violates the free-speech and due process rights of service > members after listening to the testimonies of military officers who have > been discharged under the policy. > > Legal experts say the Obama administration could choose to not appeal her > ruling to end the ban — but Department of Justice attorneys are not likely > to stay mum since Obama has made it clear he wants Congress to repeal the > policy. > > "The president has taken a very consistent position here, and that is: > 'Look, I will not use my discretion in any way that will step on Congress' > ability to be the sole decider about this policy here,' " said Diane H. > Mazur, legal co-director of the Palm Center, a think tank at the University > of California at Santa > Barbara<http://topics.nytimes.com/topics/reference/timestopics/organizations/u/university_of_california/index.html?inline=nyt-org>that > supports a repeal. > > Gay rights advocates say they worry they lost a crucial opportunity to > change the law when Senate Republicans opposed the defense bill earlier this > month because of a "don't ask, don't tell" repeal provision. > > If Democrats lose seats in the upcoming elections, repealing the ban could > prove even more difficult — if not impossible — next year. > > Woods said the administration should be seizing the opportunity to let a > judge do what politics has been unable to do. > > The "don't ask, don't tell" policy prohibits the military from asking about > the sexual orientation of service members but bans those who are gay from > serving openly. 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. > More: > > http://www.nytimes.com/aponline/2010/10/12/us/AP-US-Gays-in-Military.html?_r=1&emc=na > > -- > Together, we can change the world, one mind at a time. > Have a great day, > Tommy > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at > http://www.PoliticalForum.com/<http://www.politicalforum.com/> > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at > http://www.PoliticalForum.com/<http://www.politicalforum.com/> > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. > Your personal email. Anytime, anywhere. > Ridiculously affordable at $19.95. No contracts. > http://www.getpeek.com/lavabit.html > > > -- > *I Refuse To Comply With The Unconstitutional Demands Of The Federal > Government* > http://www.usconstitution.net/const.html > > *Government is a disease masquerading as its own cure. > > Government is only as strong as those who allow themselves to be governed > are weak. > > "The 'art' of politics is diverting attention from what's really happening. > What > separates politicians from other criminal organizations is superior public > relations." > - Marc Stevens > > "If a nation expects to be ignorant and free it expects something that > cannot be." > - Thomas Jefferson* > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at > http://www.PoliticalForum.com/<http://www.politicalforum.com/> > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. >
-- Together, we can change the world, one mind at a time. Have a great day, Tommy -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
