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-   -   Don't ask, don't tell, don't change (https://thetfp.com/tfp/tilted-politics/148286-dont-ask-dont-tell-dont-change.html)

Tully Mars 06-08-2009 08:57 AM

Don't ask, don't tell, don't change
 
Quote:

WASHINGTON (AP) — The Supreme Court on Monday agreed with the Obama administration and upheld Pentagon policy barring gays and lesbians from serving openly in the military.

The court said it will not hear an appeal from former Army Capt. James Pietrangelo II, who was dismissed under the "don't ask, don't tell" policy. The federal appeals court in Boston earlier threw out a lawsuit filed by Pietrangelo and 11 other veterans. He was the only member of that group who asked the high court to rule that the Clinton-era policy is unconstitutional.

During last year's campaign, President Barack Obama indicated he supported the eventual repeal of the policy, but he has made no specific move to do so since taking office in January. Meanwhile, the White House has said it won't stop gays and lesbians from being dismissed from the military.

In court papers, the administration said the appeals court ruled correctly in this case when it found that "don't ask, don't tell" is "rationally related to the government's legitimate interest in military discipline and cohesion."

Pentagon spokesman Bryan Whitman referred requests for comment to the Justice Department, but said the military policy "implements the law."

"The law requires the (Defense) Department to separate from the armed services members who engage in or attempt to engage in homosexual acts; state they are homosexual or bisexual; or marry or attempt to marry a person of the same biological sex," Whitman said in a statement.

A legal advocacy group vowed to press ahead with efforts to reverse the policy despite the legal setback.

"We don't see that at all as bad news for repeal," said Kevin Nix, spokesman for the Servicemembers Legal Defense Network. "What happened today puts the ball back into the court of Congress and the White House to repeal the law, and that's where we think it should be right now."

Nix said there are no objective studies showing unit cohesion, morale and order are harmed by openly gay people.

"There are people out there and still serving, and the unit is not crumbling beneath their feet," he said, adding that attitudes among troops and society are far different than they were in the 1990s when the policy was instituted.

"Times have changed ... fast forward 16 years," Nix said. "The service members in Iraq and Afghanistan — their attitudes toward gay people are very different than some retired generals in their 50s and 60s who served in the 20th Century. It's a different world."

Opposition to gay marriages, for example, has eased nationwide and six states have legalized same-sex unions. New Hampshire, Massachusetts, Connecticut, Maine, Vermont and Iowa allow gay marriage, though opponents hope to overturn Maine's law with a public vote.

California briefly allowed gay marriage before a public vote banned it; a court ruling grandfathered in couples who were already married.

Polls show younger Americans are far are more tolerant of gay marriage than are older generations.

The "don't ask, don't tell" policy was established in 1993. President Bill Clinton had to abandon efforts to allow gays to serve openly in the armed forces after facing strong resistance from the military and members of Congress.

Last year, the federal appeals court in San Francisco allowed a decorated flight nurse to continue her lawsuit over her dismissal. The court stopped short of declaring the policy unconstitutional, but said that the Air Force must prove that ousting former Maj. Margaret Witt furthered the military's goals of troop readiness and unit cohesion.

The decision by the 9th U.S. Circuit Court of Appeals was the first that evaluated "don't ask, don't tell" through the lens of a 2003 Supreme Court decision that struck down a Texas ban on sodomy as an unconstitutional intrusion on privacy.

The administration did not appeal that ruling to the Supreme Court and Witt's lawsuit is ongoing.

The appeals court in Pietrangelo's case also took the high court decision into account, but concluded that it should defer to Congress' determination that the policy fosters cohesion in military units.

The case is Pietrangelo v. Gates, 08-824.

Associated Press writers Pauline Jelinek and Jesse Holland contributed to this report.
Why do I get the feeling Obama's playing both ends of this issue? He openly campaigned against DA,DT during the election and now he's writing positive notes to people who are being dismissed under DA,DT. At the same time he's seemingly doing nothing to change the policy. In fact here it appears he's supporting it. Is he engaged behind the scene to change the policy or is he being a *gasp!* politician regarding this matter.

Personally I think it's sad we treat a percentage of our citizens this way. I think gays should have the rights everyone else has, whether in the military or not. I'm also troubled when I read that people were tossed for being gay when they possessed such valuable skills such as translators.

Anyone else have thought on what Obama's doing regarding this matter?

Derwood 06-08-2009 09:44 AM

Obama's in-action on DA/DT, and DOMA/Gay Marriage is extremely disappointing to me.

Jinn 06-08-2009 09:53 AM

Despite being an Obama fanboi, I must admit that I'm also disappointed by his inaction on this issue.

Willravel 06-08-2009 09:53 AM

He's running for reelection.

The country is center-left for the moment, but a lot of people out there are still scared to death of the homosexuality issue. Considering that Prop 8 passed, I'm convinced we need more significant social change before governmental change can occur on this issue. New England has been able to move forward because the people were already convinced that there's nothing wrong with homosexuality. Until we can do that in all the blue states, it wouldn't be politically smart for President Obama to move on the issue. It's a real shame, too, because there are a lot of people that are victimized by homosexual inequality.

Jinn 06-08-2009 09:59 AM

That's no damn excuse. :shakehead:

Politicians should do what is right, not what will get them re-elected. I thought (think) Obama would do the right thing, regardless of how it would affect his chance for re-election.

Martian 06-08-2009 10:05 AM

It's a sticky issue.

We want politicians to 'do the right thing,' but often fail to recognize that opinions regarding what constitutes the right thing vary widely.

I honestly think Obama failed to understand during his campaign exactly how restrictive the political world is. After watching some of the decisions he's made, I've come to the conclusion that there was a lot of simple naivete and optimism there. Now that he's in office it seems he's finding that his powers aren't nearly as far reaching as he had assumed they would be.

Repealing Don't Ask Don't Tell would be a positive move, in my opinion. However, the gains made need to be balanced against the costs incurred. If repealing this policy causes him to step on some toes which in turn makes it harder for him to do some of the other things he wants to do, then he needs to prioritize.

Don't Ask Don't Tell is dated and quaint. I've no doubt that it's days are numbered. At the same time, I could see it being held back as a second term sort of issue.

Derwood 06-08-2009 10:44 AM

Quote:

Originally Posted by Willravel (Post 2647908)
He's running for reelection.

The country is center-left for the moment, but a lot of people out there are still scared to death of the homosexuality issue. Considering that Prop 8 passed, I'm convinced we need more significant social change before governmental change can occur on this issue. New England has been able to move forward because the people were already convinced that there's nothing wrong with homosexuality. Until we can do that in all the blue states, it wouldn't be politically smart for President Obama to move on the issue. It's a real shame, too, because there are a lot of people that are victimized by homosexual inequality.


But unlike Bush, Obama is influential and charismatic. Don't you think that him coming out strongly in favor of gay rights would set an example that many who might be on the fence might follow?

Willravel 06-08-2009 11:02 AM

Quote:

Originally Posted by Derwood (Post 2647954)
But unlike Bush, Obama is influential and charismatic. Don't you think that him coming out strongly in favor of gay rights would set an example that many who might be on the fence might follow?

It's possible, but it's a huge gamble. President Obama and his team have to deal with the economy first and foremost right now, and they are asking for a lot of faith from the American people considering how unpopular the bailouts have been. If he goes too liberal (in this case, supporting a perfectly legitimate cause of civil rights for homosexuals), he's going to scare away a lot of the center that ventured left to elect him. As much as it pains me, there are still a lot of moderate people in this country that are petrified of anything even remotely different, and considering how hard the right has pushed to attack homosexuals even going so far as to win California, Obama would be in for a huge and bitter war. That outright war with the evangelical right would endanger his economic plans.

If the economy looks better next year, I fully expect Obama to move on to education, health care, and civil rights more aggressively, but for now everything has to be about some measure of stability so that people can get back to work. As important as allowing gay marriage and repealing of DA/DT are, 10-15% of the country out of work and massive economic instability has to take priority.

If I were president, I'd be fighting the war at full steam on every front especially civil rights, but I probably wouldn't be elected president because I'm too far left (among numerous other factors).

If this is going to change, it has to change from the ground up not the top down. Trickle-down societal progression stands as much a chance at success as trickle-down economics. This has to happen at a grassroots level, with campaigns to spread awareness and debunk lies.

Baraka_Guru 06-08-2009 11:40 AM

This is just politics, and it isn't surprising, nor all that disappointing to me.

America is too conservative for too many changes at once, especially considering this particular institution.

Give it time. Let's do the marriage thing first.

ratbastid 06-08-2009 12:24 PM

Part of why the last president to make a case about this ended up wishy-washy is because you can't fucking win. DADT was a complete cave-in to hardliners on both sides of the issue. It was probably the best compromise Clinton could have reached, but it was most definitely a compromise. Because you can't win with gay rights. Observe the flack Obama is getting for actively putting off the issue. Can you imagine what the Right would say if he stepped up and did the right thing?

You know he wants to. He's said as much. But politically, you act, you've got a fight on your hands, you don't act, you can postpone that fight to another day, meanwhile you can focus on things that are issues affecting many more Americans than the question of gays in the military.

dksuddeth 06-08-2009 01:07 PM

Quote:

Originally Posted by Jinn (Post 2647913)
That's no damn excuse. :shakehead:

Politicians should do what is right, not what will get them re-elected. I thought (think) Obama would do the right thing, regardless of how it would affect his chance for re-election.

i'm confused. do we not elect representatives to carry out the will of the people anymore?

The_Jazz 06-08-2009 01:13 PM

Quote:

Originally Posted by dksuddeth (Post 2648049)
i'm confused. do we not elect representatives to carry out the will of the people anymore?

dk, "the people" are not all-knowing and wise. Sometimes they are stupid. Case in point: segregation. The majority of folks in your home state of Texas would still have some citizens attending separate schools and drinking from different water fountains if it weren't for some decisions by folks that went against popular opinion at the time.

dksuddeth 06-08-2009 01:19 PM

Quote:

Originally Posted by The_Jazz (Post 2648052)
dk, "the people" are not all-knowing and wise. Sometimes they are stupid. Case in point: segregation. The majority of folks in your home state of Texas would still have some citizens attending separate schools and drinking from different water fountains if it weren't for some decisions by folks that went against popular opinion at the time.

that is irrelevant, it's also what causes alot of the strife in this nation. yes, some groups of people are pretty damned ignorant, but so what? if it's a small group, they are minimized. In the episode you reference, look at the harshness as a result of the 'forcible' actions that they weren't prepared for? It was shameful, but that was their way of life to choose. They are representatives, not rulers.

Tully Mars 06-08-2009 01:27 PM

It's not irrelevant if chosen way of life is found to be constitutional. Discrimination is unconstitutional, was then, is now.

The_Jazz 06-08-2009 01:46 PM

dk - there is absolutely nothing in the Constitution about a represenative or Senator having to "do the will of the people". They'll do that if they're smart, but occassionally you'll see someone make a principled stand. Jinn's point is that if they're making such a stand, they're doing so knowing full well that it's an unpopular opinion with the "folks back home" but an issue that needs support.

But you're not so obtuse that you don't know that already. I'll play your game, though, and ask you what the point of this line of questioning really is.

Seaver 06-08-2009 02:18 PM

Well at least Dick Cheney is speaking up for once about this. Honestly I think Obama is playing it politically. I think Wil is right (it does occasionally happen) in that the country is not as far left as many people feel right now. Although I support the abolition of DA/DT, it would absolutely be an opportunity for a resurgence in the Republican Party. Ask anyone in California after Prop 8, many lifelong Democrats voted against Gay Marriage especially in the Black/Hispanic populace.

Honestly I'm being more and more impressed with Obama, concentrate on international/economic issues and kick many of these cans down the road for later on.

As for the "do what's right, not what's popular". That's what Bush did. He did what he thought was right, regardless of the popularity. "Right" is person specific and can easily get you into trouble with those who see differently.

Willravel 06-08-2009 02:37 PM

Quote:

Originally Posted by Seaver (Post 2648103)
Ask anyone in California after Prop 8, many lifelong Democrats voted against Gay Marriage especially in the Black/Hispanic populace.

I think Prop 8 passed more because the lying propagandists succeed in fooling the public (stuff about homosexuality in schools and forcing churches to marry homosexuals), but yeah the country on the whole isn't prepared to accept homosexuals as equal yet. That means for me and everyone else that's fighting for equality, our focus shouldn't be as much on elected officials as it should be on discrediting the liars and spreading truthful information.

ASU2003 06-08-2009 06:17 PM

This is a year 4 issue (actually it would be a year 5 or 6 issue). I'm sorry, but there are more pressing issues and you don't want to give reason to people in the center to vote for the other guys in the next congressional election in 1.5 years.

dksuddeth 06-08-2009 07:20 PM

Quote:

Originally Posted by The_Jazz (Post 2648076)
dk - there is absolutely nothing in the Constitution about a represenative or Senator having to "do the will of the people". They'll do that if they're smart, but occassionally you'll see someone make a principled stand. Jinn's point is that if they're making such a stand, they're doing so knowing full well that it's an unpopular opinion with the "folks back home" but an issue that needs support.

But you're not so obtuse that you don't know that already. I'll play your game, though, and ask you what the point of this line of questioning really is.

are you seriously trying to tell me that the framers of the US Constitution set up the representative system so that districts could elect leaders to make a principled stand, even though that stand would be directly opposed to what the people in that district want?

Willravel 06-08-2009 08:03 PM

In a representative democracy it's the responsibility of the voter to choose someone that represents them. If I choose for someone that disagrees with me on something, I don't get to cry foul when he or she doesn't side with my belief on that issue in his or her service. You're talking about direct democracy where the representative is just a puppet of constituents... that's not the system we're in.

seretogis 06-24-2009 03:17 PM

Quote:

Originally Posted by ASU2003 (Post 2648233)
This is a year 4 issue (actually it would be a year 5 or 6 issue). I'm sorry, but there are more pressing issues and you don't want to give reason to people in the center to vote for the other guys in the next congressional election in 1.5 years.

It's nice to know that you think my most basic civil right -- my equality under the law -- is not a pressing issue. :shakehead: In taking your own rights for granted, you are discounting those of yours which I can only wish for.

We have waited over 20 years, how long do you expect us to quietly wait while we fund the campaigns of people who claim to be our "fierce advocates?" What is your advice to the gay community who has consistently been sidelined while "more important issues" like corporate welfare and starting wars have been put forward? "Shut up and pay up?"

The gay rights movement has momentum, and now is the time. Obama needs to stop sitting on his hands and move forward with the "change" he has been promising if he wants his GayATM to resume spitting out cash. :P

Tully Mars 06-24-2009 03:39 PM

Quote:

Originally Posted by seretogis (Post 2657546)
It's nice to know that you think my most basic civil right -- my equality under the law -- is not a pressing issue. :shakehead: In taking your own rights for granted, you are discounting those of yours which I can only wish for.

We have waited over 20 years, how long do you expect us to quietly wait while we fund the campaigns of people who claim to be our "fierce advocates?" What is your advice to the gay community who has consistently been sidelined while "more important issues" like corporate welfare and starting wars have been put forward? "Shut up and pay up?"

The gay rights movement has momentum, and now is the time. Obama needs to stop sitting on his hands and move forward with the "change" he has been promising if he wants his GayATM to resume spitting out cash. :P

Obama's suppose to meet with several human rights leaders on the anniversary of the Stonewall Rebellion, next Monday I think. My hope is he walks out of that meeting and says this oppression as gone on long enough. I'm signing an executive order to stop all actions under the UCMJ until congress has time to repeal DA/DT. I think that's the right thing to do. I hope he does it. I fear he won't.

And I think gays and lesbians have been waiting longer then 20yrs.

Martian 06-24-2009 03:53 PM

seretogis: I understand your impatience.

It's difficult for those of us who are outside the GBLT community to relate to some issues. I think this is one of them. Certainly it is important, and it is a civil rights issue. At the same time, politicking is inevitable.

I'm removed one degree further, because I'm not an American citizen. Honestly, things like don't ask don't tell confuse the hell out of me. I really don't see how a soldier's sexual orientation is in any way relevant -- the pertinent question is whether or not he is capable of carrying out the duties required of the role. It's a simple yes/no, and there's very little else that impacts it.

The she is implicit. I default to singular male pronoun in a lot of cases, and often don't bother to clarify, but in the context of this discussion it's relevant.

It seems to me that Obama is being very carefully neutral on a lot of issues, and that this is one of them. I think the man has Plans, and needs to consider every move from as many angles as possible in order to carry out those Plans effectively. That's how I'm reading the situation, anyway. If there are other items on his agenda and if pushing don't ask don't tell has the potential to impact those other items, then don't ask don't tell gets placed on the back burner. It's not ideal, but it may be necessary. Seeing a US President who actually thinks about what he's doing is reason enough to be guardedly optimistic, and I'm willing to give the man the benefit of the doubt on this.

It's easy for me to say sit tight and be patient, because this isn't my issue. It's harder to do when you're directly involved. So long as the movement continues to be toward more social freedoms rather than less, don't ask don't tell has a limited lifespan.

Sit tight and be patient.

Sun Tzu 06-25-2009 07:58 AM

I appears he is listening to senior and retired officers, probably because he doesnt have any miltary experience himself.

ratbastid 06-25-2009 08:54 AM

Quote:

Originally Posted by dksuddeth (Post 2648281)
are you seriously trying to tell me that the framers of the US Constitution set up the representative system so that districts could elect leaders to make a principled stand, even though that stand would be directly opposed to what the people in that district want?

BTW, that is PRECISELY what the framers had in mind. The framers were concerned about excessive power in the hands of what at the time were largely illiterate and ill-informed masses. They designed us a representative democracy so that we could elect our schooled elite to represent our interests for us.

Going to "framer's intent" on this one is a losing argument, because the framers were working in a very different world from the one we're living in now, and it's as incomprehensible to us as our world would be to them. Or at least, any "framer's intent" that coincides too neatly with one's OWN intent ought to be looked at with skepticism.

scout 06-25-2009 09:41 AM

Quote:

Originally Posted by seretogis (Post 2657546)

The gay rights movement has momentum, and now is the time. Obama needs to stop sitting on his hands and move forward with the "change" he has been promising .....:P

Why would he want to do that?? It isn't like the gays are all going to vote Republican in the next election. In fact of all the voting groups gays are probably the least of his worries. He already has the gay vote in his pocket and like someone else has already pointed out he needs the "middle of the roaders" to insure he's reelected. Somethng might {might is being used very loosely} shake loose on the gay rights front after the next Presidential election. The guise of "being to busy with the economy" is being used to buy time until then.

Just another perfect example of the major parties using their base to get elected and forgetting all those promises after the votes cast.

Baraka_Guru 09-21-2010 06:38 PM


Pearl Trade 09-21-2010 06:58 PM

Don't most advanced countries accept gay soldiers? The first that comes to mind is Israel, but I know many more countries have no problem with it.

This is a let down. With the newer generations and future generations being more tolerant and accepting than those in the past, hopefully they can get something passed soon to allow gays in the military.

I didn't hear it in the video, but does anyone know when and if the "don't ask, don't tell" policy will be looked at again?

Baraka_Guru 09-21-2010 07:05 PM

Quote:

Originally Posted by Pearl Trade (Post 2824768)
Don't most advanced countries accept gay soldiers? The first that comes to mind is Israel, but I know many more countries have no problem with it.

I mentioned this in another thread: Canada's first gay military wedding occurred 5 years ago.

LGBT people have been allowed to serve in the Canadian military since 1992 (that's 18 years for those keeping score).

Sexual orientation and the Canadian military - Wikipedia, the free encyclopedia

ASU2003 09-22-2010 05:10 AM

Quote:

Originally Posted by Pearl Trade (Post 2824768)
Don't most advanced countries accept gay soldiers? The first that comes to mind is Israel, but I know many more countries have no problem with it.

This is a let down. With the newer generations and future generations being more tolerant and accepting than those in the past, hopefully they can get something passed soon to allow gays in the military.

I didn't hear it in the video, but does anyone know when and if the "don't ask, don't tell" policy will be looked at again?

I have a hard time thinking it would be a year 3/4 issue now, given that Republicans can use this in the November to bring out more voters. And forget about it if the Republicans/Tea Party wins some seats in two months.

This isn't personal, it's political. There is a time and place for these things, and the Democrats need to be more focused on proving they are taking the country in the right direction. And being able to get voters out because their ideas on where the country needs to go are better.

The only reason I even care about this issue is because I think the military has become too right-wing.

Jinn 09-22-2010 06:59 AM

http://blogs.trb.com/news/opinion/ch...gs2.gif?ref=nf

This vote was a fucking disgrace.

aceventura3 09-22-2010 08:04 AM

Quote:

Originally Posted by Willravel (Post 2647908)
He's running for reelection.

The country is center-left for the moment, but a lot of people out there are still scared to death of the homosexuality issue. Considering that Prop 8 passed, I'm convinced we need more significant social change before governmental change can occur on this issue. New England has been able to move forward because the people were already convinced that there's nothing wrong with homosexuality. Until we can do that in all the blue states, it wouldn't be politically smart for President Obama to move on the issue. It's a real shame, too, because there are a lot of people that are victimized by homosexual inequality.

The American people are not scared of the homosexuality issue.

Quote:

By a 57 percent to 36 percent margin, Americans say openly gay service members should be allowed to serve in the United States military, a new Quinnipiac University poll finds.
Poll: Most Want "Don't Ask, Don't Tell" Repeal - Political Hotsheet - CBS News

This, even without specificity regarding what "openly gay" is. Some envision San Francisco gay parades, and other envision their gay neighbors who are pretty normal - when presented with the term "openly gay".

Homosexuals have been serving in the US military before this nation gained independence. Initially the issue was not about a declaration of homosexuality that would lead to discharge but actually engaging in certain sexual behaviors. I have no problems with military codes restricting certain sexual activity of or between people in the military on active duty. The issue of a declaration of homosexuality from inception has been counter productive in my view. On those occasions when the military allowed the harassment of people because they were different in any respect indicates a clear lack of military discipline and leadership. The Clinton compromise was wrong from the beginning and is wrong now. All that is needed is a commander-in-chief who won't tolerate harassment and discrimination based on sexual orientation, sex, race, religion, national origin, and even age in my view. If a person can do their job, let them do it.

Obama was never serious about most of the things he promised

roachboy 09-22-2010 08:08 AM

o blah blah blah ace.
the vote in the senate went as it did because of the republicans. because of cheap stupid partisan nonsense.
for fuck's sake, be real for once.

aceventura3 09-22-2010 08:15 AM

Quote:

Originally Posted by Baraka_Guru (Post 2824762)

How about Democrats presenting the issue alone, without a bunch of other pet issues. Political gamesmanship is what the vote was about.

---------- Post added at 04:15 PM ---------- Previous post was at 04:12 PM ----------

Quote:

Originally Posted by roachboy (Post 2824879)
o blah blah blah ace.
the vote in the senate went as it did because of the republicans. because of cheap stupid partisan nonsense.
for fuck's sake, be real for once.

I support the repeal of DADT, but I would have voted against what was voted on Tuesday.

What is not clear or real about that?

Jinn 09-22-2010 08:38 AM

Your posturing of it as a "Clinton compromise" was a little unnecessary, but I'm delightfully surprised that you're at least on the right side of this issue.

I wasn't happy with the other stuff thrown on this bill, either.

FoolThemAll 09-22-2010 08:43 AM

Quote:

Originally Posted by seretogis (Post 2657546)
It's nice to know that you think my most basic civil right -- my equality under the law -- is not a pressing issue. :shakehead: In taking your own rights for granted, you are discounting those of yours which I can only wish for.

Eh. I agree with ASU. It's an important issue, but I'm not going to vote for the anti-DADT politician over the politician who's better on the economy, or more respectful of civil rights, or opposed to abortion. There are more important issues, and gay rights issues don't get to cut to the front of the line in my mind just because it's a more personally compelling issue or less debateable.

On the other hand... I don't see the risk for Obama that others are seeing. If the promises didn't lose him the election, why would the actions lose him reelection?

Baraka_Guru 09-22-2010 08:52 AM

You'd think this would be a breach of the Fourteenth Amendment.

Cimarron29414 09-22-2010 09:20 AM

bg -

For the record, I am for gays openly serving in the Military.

I believe the argument against the 14th amendment is that we are talking about behavior, not "state". Someone can discriminate against blacks...because they are obviously black. No one can discriminate on your bedroom activities unless they know about them.

I've said it before. I'll share a foxhole with anyone who shoots straight and fights bravely. I don't care if you think I look cute.

KirStang 09-22-2010 09:43 AM

Quote:

Originally Posted by Baraka_Guru (Post 2824891)
You'd think this would be a breach of the Fourteenth Amendment.

Let's see how Perry v. Schwarzenegger plays out. The Court already laid the groundwork in Griswold, Loving, and Zablocki. I for one, would be surprised if it did not come out in favor of the same-sex couples.

Taking the 14th's Due Process concept of 'privacy' and it's 'respect for the marital bedroom' it does seem like such a policy would be in contravention of the 14th Amendment.

aceventura3 09-22-2010 09:51 AM

Quote:

Originally Posted by Jinn (Post 2824888)
Your posturing of it as a "Clinton compromise" was a little unnecessary,...


Why? Given the number of mentions of Republicans blocking the repeal of the bill, I thought it important to point out the role of the other party.

Also, to be clear - the votes to repeal DADT are there, and they have been there from the beginning of Obama's term. Democrats talk a good game, but they don't deliver.

I also know what game Republicans play with the issue. Many elected Republican don't like DADT but they don't have the courage to vote for repeal or hide behind "military leaders". The nation simply needed an elected Democratic President to deliver on the promise, and it will be done - the nation will move on - the military will adapt, in fact be relieved that this controversy is over.

Baraka_Guru 09-22-2010 09:54 AM

Quote:

Originally Posted by Cimarron29414 (Post 2824901)
I believe the argument against the 14th amendment is that we are talking about behavior, not "state". Someone can discriminate against blacks...because they are obviously black. No one can discriminate on your bedroom activities unless they know about them.

But that's the thing, are these soldiers being discharged for being caught in a homosexual act or are they being discharged for being gay? Homosexuality isn't merely a behaviour, it's also a state. They don't merely have homosexual intercourse, they are in a state of being homosexual. Hiding your sexual orientation isn't as easy as simply not engaging in sex.

From now on try talking about your significant other as though they were the same sex as you but without disclosing that information. As you do that, also consider the fact that if someone does find out, you'll lose your job—nay, your career.

LGBTs in the U.S. military have to talk about their private lives either with white lies or they need to be more private than what is likely the norm. This is assuming that people who serve talk about their significant others and families, etc., with people they work with.

Quote:

Originally Posted by KirStang (Post 2824910)
Let's see how Perry v. Schwarzenegger plays out. The Court already laid the groundwork in Griswold, Loving, and Zablocki. I for one, would be surprised if it did not come out in favor of the same-sex couples.

Taking the 14th's Due Process concept of 'privacy' and it's 'respect for the marital bedroom' it does seem like such a policy would be in contravention of the 14th Amendment.

It seems to me the issue of same-sex rights is coming to a point in America. The nation is long overdue with regard to updating how they perceive human/civil rights as far as sexual orientation is concerned. Somethings gotta give. Americans value liberty too much.

Cimarron29414 09-22-2010 10:50 AM

bg -

I agree with you, I was just stating the argument which is used. Many still believe (falsely) that homosexuality is a choice, and therefore a behavior. I have a dear friend who spent 28 years in the US military. During that time, he got married, had two kids, finally opened "the invitation" he'd been given since birth, divorced his wife, met and dated his husband, then married him in Florida. He was never discovered, but it sucked to be in that state of secrecy. He figures the only way he got through it was being able to talk about his kids all the time and the fact that he went reserves, so he only saw his unit 2 weeks/year plus 1 weekend/month.

Wes Mantooth 09-22-2010 11:38 AM

Well it is what it is I guess, I would have been more surprised if it was actually overturned to be honest. This is just the way we do things here, we debate everything endlessly and drag these issues out for decades until a consensus is reached...and we all know what the usual consensus turns out to be. You'd think we'd learn.

Anyway I too have no doubt this will someday be overturned and wind up in being another one of those issues that confuses the fuck out of future generations.

"They didn't let gay people in the military? God our grand parents were backwards and stupid."

Amaras 09-22-2010 12:10 PM

[QUOTE=Wes Mantooth;2824949]Well it is what it is I guess, I would have been more surprised if it was actually overturned to be honest. This is just the way we do things here, we debate everything endlessly and drag these issues out for decades until a consensus is reached...and we all know what the usual consensus turns out to be. You'd think we'd learn.

Anyway I too have no doubt this will someday be overturned and wind up in being another one of those issues that confuses the fuck out of future generations.

"They didn't let gay people in the military? God our grand parents were backwards and stupid."[/QUOTE]

Exactly what he said.:mad:

Baraka_Guru 10-19-2010 02:19 PM

I think this is a big step.

Quote:

Military Recruiters Told to Accept Gays
By THE ASSOCIATED PRESS
October 19, 2010
Filed at 6:09 p.m. ET

SAN DIEGO (AP) — The military is accepting openly gay recruits for the first time in the nation's history, even as it tries in the courts to slow the movement to abolish its "don't ask, don't tell" policy.

Some gay activist groups were planning to send people to enlist at recruiting stations to test the Pentagon's Tuesday announcement.

Meanwhile, a federal judge in California who overturned the 17-year policy last week was likely to reject the government's latest effort to halt her order telling the military to stop enforcing the law.

The Justice Department will likely appeal if she does not suspend her order.

The Defense Department has said it would comply with U.S. District Judge Virginia Phillips' order and had frozen any discharge cases. Pentagon spokeswoman Cynthia Smith said recruiters had been given top-level guidance to accept applicants who say they are gay.

Recruiters also have been told to inform potential recruits that the moratorium on enforcement of the policy could be reversed at any time, if the ruling is appealed or the court grants a stay, she said.

While activists were going to enlist, gay rights groups were continuing to tell service members to avoid revealing that they are gay, fearing they could find themselves in trouble should the law be reinstated.

"What people aren't really getting is that the discretion and caution that gay troops are showing now is exactly the same standard of conduct that they will adhere to when the ban is lifted permanently," said Aaron Belkin, executive director of the Palm Center, a think tank on gays and the military at the University of California Santa Barbara. "Yes, a few will try to become celebrities."

An Air Force officer and co-founder of a gay service member support group called OutServe said financial considerations are playing a big role in gay service members staying quiet.

"The military has financially trapped us," he said, noting that he could owe the military about $200,000 if he were to be dismissed.

The officer, who asked not to be identified for fear of being discharged, said he's hearing increasingly about heterosexual service members approaching gay colleagues and telling them they can come out now.

He also said more gay service members are coming out to their peers who are friends, while keeping their orientation secret from leadership. He said he has come out to two peers in the last few days.

"People are coming out informally in their units," the officer said. "Discussions are happening right now."

An opponent of the judge's ruling said confusion that has come up is exactly what Pentagon officials feared and shows the need for her to immediately freeze her order while the government appeals.

"It's only logical that a stay should be granted to avoid the confusion that is already occurring with reports that the Pentagon is telling recruiters to begin accepting homosexual applicants," said Tony Perkins, the president of the Family Research Council, a conservative advocacy group based in Washington that supports the policy.

The uncertain status of the law has caused much confusion within an institution that has historically discriminated against gays.

Before the 1993 law, the military banned gays entirely and declared them incompatible with military service. There have been instances in which gays have served, with the knowledge of their colleagues.

Twenty-nine nations, including Israel, Canada, Germany and Sweden, allow openly gay troops, according to the Log Cabin Republicans, a gay rights group and plaintiff in the lawsuit before Phillips.

The Pentagon guidance to recruiters comes after Dan Woods, the group's attorney, sent a letter last week warning the Justice Department that Army recruiters who turned away Omar Lopez in Austin, Texas may have caused the government to violate Phillips' injunction. Woods wrote that the government could be subject to a citation for contempt.

The White House has insisted their actions in court do not diminish President Barack Obama's efforts to repeal the ban.

In their stay request, government lawyers argue Phillips' order would be disruptive to troops serving at a time of war. They say the military needs time to prepare new regulations and train and educate service members about the change.

Phillips has said her order does not prohibit the Pentagon from implementing those measures.

Douglas Smith, spokesman for U.S. Army Recruiting Command based at Fort Knox, Ky., said even before the ruling recruiters did not ask applicants about their sexual orientation. The difference now is that recruiters will process those who say they are gay.

"If they were to self-admit that they are gay and want to enlist, we will process them for enlistment, but will tell them that the legal situation could change," Smith said.

He said the enlistment process takes time and recruiters have been told to inform those who are openly gay that they could be declared ineligible if the law is upheld on appeal.

"U.S. Army Recruiting Command is going to follow the law, whatever the law is," he said.

The message, however, had not reached some recruiting stations.

In Pensacola, Marine Sgt. Timothy Chandler said he had been given no direction. "As far as we are concerned everything is the same. The policy hasn't changed," he said, as others in the office nodded.

Chandler said no one had come to the small office questioning the policy or asking about being openly gay and serving.

Recruiters at the Navy office next door referred all media questions to the Pentagon. Air Force recruiters said they were not authorized to talk to the media. Army recruiters referred questions to another office in Mobile, Ala.

Phillips said at a hearing Monday that she was learning toward denying the Obama administration's request to delay her order. That would send the case to the 9th Circuit Court of Appeals in San Francisco.

After Phillips' ruling last week, Lopez — discharged from the Navy in 2006 after admitting his gay status to his military doctor — walked into an Army recruiting office in Austin and asked if he could re-enlist.

He said he was up front, even showing the recruiters his Navy discharge papers. But they told him he couldn't re-enlist because they had not gotten word from the Pentagon to allow openly gay recruits.

Smith was unable to confirm the account. She said guidance on gay applicants had been issued to recruiting commands on Oct. 15.

On Tuesday, upon hearing of the changes to recruiting, Lopez said, "Oh, my God! I've been waiting for this for four years."

Lopez said he'll try again Friday and will go to a Navy recruiting office in Austin to see if he can enroll in ROTC as an officer. He is currently studying hospitality services at Austin Community College.

"I'm hoping they'll let me in because I was able to switch over from an enlistment to an officer. I'm really hoping they can accept me," he said.
http://www.nytimes.com/aponline/2010...-Military.html

Tully Mars 10-19-2010 02:23 PM

I agree, wonder what the DOJ will do with their appeal now? I presume there's some backroom deal going on somewhere and Obama is trying to have it both ways.

But I do think this is a big deal and a step in the right direction.


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