The Beginning of the End for DADT

Medusa · 09-10-2010, 01:22 PM

Quote:

Originally Posted by Linus

Bingo! DADT declared unconstitutional against 1st Amendment!

http://www.dailykos.com/story/2010/9...constitutional

Im going to have to read up on this - What's the next step? Can someone appeal this?

Linus · 09-10-2010, 01:29 PM

Quote:

Originally Posted by Medusa

Im going to have to read up on this - What's the next step? Can someone appeal this?

I have learned that in the US everything is appeal-able. There seems to be an abundance of lawyers willing to take that on.

Whether it will be or not.. that's another question.

Sparkle · 09-10-2010, 01:41 PM

/snip from the NYT article
http://www.nytimes.com/2010/09/10/us/10gays.html

"The decision is among a number of recent rulings that suggest a growing judicial skepticism about measures that discriminate against homosexuals, including rulings against California’s ban on same-sex marriage and a Massachusetts decision striking down a federal law forbidding the federal government to recognize same-sex marriage.

It will not change the policy right away; the judge called for the plaintiffs to submit a proposed injunction limiting the law by Sept. 16th. The defendants will submit their objections to the plan a week after that. Any decision would probably be stayed pending appeals."

/snip: from the HRC press release
http://www.hrc.org/14742.htm

"While many believe repeal of this odious law is a foregone conclusion, the real truth is that this is not yet a done deal,” said Human Rights Campaign President Joe Solmonese. “If the more than 75 percent of fair-minded Americans who recognize this as a failed law do not speak up, a small group of Senators with their own narrow political agendas could win out.”

National Call Campaign to help push through the repeal of DADT
http://bit.ly/bsPVlt.

SuperFemme · 09-10-2010, 03:36 PM

Quote:

Originally Posted by Medusa

Im going to have to read up on this - What's the next step? Can someone appeal this?

the ruling was made by a judge in riverside, ca.
which means that it will go to the 9th Circuit Court.
then to the 9th Circuit Court of Appeals.
then to the SCOTUS.

years and years of moving up the ladder.

Greyson · 09-29-2010, 01:04 PM

CQ POLITICS NEWS

Sept. 29, 2010 – 1:40 p.m.

Pentagon Reviews Results of ‘Don’t Ask, Don’t Tell’ Survey
The military is now reviewing results of surveys it requested from servicemembers and their families about ending the ban on openly gay individuals serving in the military.

About 400,000 military personnel were surveyed in addition to members of 150,000 families, Adm. Mike Mullen , chairman of the Joint Chiefs of Staff, said Wednesday. Mullen in February forcefully advocated repeal of the “don’t ask, don’t tell” law. But he cautioned that Congress should wait for the Pentagon to “crunch the data” from its survey before it acts to end the policy.

Mullen said the Pentagon now has enough data to be statistically significant. The information, which Mullen said he hoped would help guide the legislative process, will be used in implementing a new policy.

“The reason to conduct the survey is to get objective data from the people affected most by this change,” he said. “It is that data that will highlight issues in terms of implementation and issues that need to be addressed before certification.”

He said the military would look specifically at issues affecting force readiness, training and cohesion.

“These are real things we have to deal with,” Mullen said. He said the troops’ input is important, in part, because “this force has been stretched.”

Mullen noted that the fiscal 2011 defense authorization bill awaiting a vote by the Senate and the version passed by the House would not mandate repeal until the Pentagon’s review of the survey is complete. Nonetheless, he said it would be better if Congress waits until the review of the surveys is completed later this year.

The final results are due on the desk of Defense Secretary Robert M. Gates by Dec. 1.

The Senate blocked consideration of the defense authorization bill last week, in part because of GOP objections over several other measures that Democrats wanted to attach to the bill.

Congress is expected to revisit the issue when it returns in November.

http://www.cqpolitics.com/wmspage.cf...y-000003743540

rlin · 10-12-2010, 02:51 PM

Breaking News Alert
The New York Times
Tue, October 12, 2010 -- 3:45 PM ET
-----

Judge Orders Injunction Stopping 'Don't Ask, Don't Tell'

A federal judge ordered the government on Tuesday to stop
enforcing the "don't ask, don't tell" policy, ending the
military's 17-year-old ban on openly gay troops.

U.S. District Judge Virginia Phillips's ruling was widely
cheered by gay rights organizations.

Department of Justice attorneys have 60 days to appeal. Legal
experts say the department is under no legal obligation to do
so and could let Judge Phillips's ruling stand.

Read More:
http://www.nytimes.com/aponline/2010...ry.html?emc=na

Jess · 10-12-2010, 03:07 PM

Thanks rlin! I couldn't get the whole story from that link, it asked that you register to view it, so here is another link.

http://www.cnn.com/2010/US/10/12/jud....order/?hpt=T2

Guess not all of the work being done by all of the republicans is so bad afterall.

Rook · 10-12-2010, 03:34 PM

Gotta watch for the Appeals....but otherwise
-happy dance-

Jess · 10-13-2010, 07:41 PM

Washington (CNN) - The Obama administration is expected to appeal as soon as Wednesday a federal judge's ruling that halted the Defense Department from enforcing its policy that bars openly gay people from military service, according to senior administration officials familiar with the government's plans.
U.S. District Court Judge Virginia Philips issued an injunction Tuesday that bans enforcement of the "don't ask, don't tell" policy throughout the military services.
While the government has up to 60 days to file an appeal to the Ninth Circuit Court in San Francisco, California, officials familiar with the case said that could happen in the next day or two.

http://politicalticker.blogs.cnn.com...s-in-military/

If this is how this administration shows its full support for LGBT then I sure wish they would back off our wagon.

09-10-2010, 01:41 PM	#3
Sparkle Senior Member How Do You Identify?: Femme Preferred Pronoun?: She, please Relationship Status: Loved Up Join Date: Nov 2009 Location: Western MA Posts: 2,183 My Photo Gallery Thanks: 9,001 Thanked 6,554 Times in 1,553 Posts Rep Power: 21474853	/snip from the NYT article http://www.nytimes.com/2010/09/10/us/10gays.html "The decision is among a number of recent rulings that suggest a growing judicial skepticism about measures that discriminate against homosexuals, including rulings against California’s ban on same-sex marriage and a Massachusetts decision striking down a federal law forbidding the federal government to recognize same-sex marriage. It will not change the policy right away; the judge called for the plaintiffs to submit a proposed injunction limiting the law by Sept. 16th. The defendants will submit their objections to the plan a week after that. Any decision would probably be stayed pending appeals." /snip: from the HRC press release http://www.hrc.org/14742.htm "While many believe repeal of this odious law is a foregone conclusion, the real truth is that this is not yet a done deal,” said Human Rights Campaign President Joe Solmonese. “If the more than 75 percent of fair-minded Americans who recognize this as a failed law do not speak up, a small group of Senators with their own narrow political agendas could win out.” National Call Campaign to help push through the repeal of DADT http://bit.ly/bsPVlt. __________________ I am made of stars

09-29-2010, 01:04 PM	#5
Greyson Infamous Member How Do You Identify?: Transmasculine/Non-Binary Preferred Pronoun?: Hy (Pronounced He) Relationship Status: Married Join Date: Nov 2009 Location: SF Bay Area Posts: 6,589 My Photo Gallery Thanks: 21,132 Thanked 8,146 Times in 2,005 Posts Rep Power: 21474858	Pentagon Survey CQ POLITICS NEWS Sept. 29, 2010 – 1:40 p.m. Pentagon Reviews Results of ‘Don’t Ask, Don’t Tell’ Survey The military is now reviewing results of surveys it requested from servicemembers and their families about ending the ban on openly gay individuals serving in the military. About 400,000 military personnel were surveyed in addition to members of 150,000 families, Adm. Mike Mullen , chairman of the Joint Chiefs of Staff, said Wednesday. Mullen in February forcefully advocated repeal of the “don’t ask, don’t tell” law. But he cautioned that Congress should wait for the Pentagon to “crunch the data” from its survey before it acts to end the policy. Mullen said the Pentagon now has enough data to be statistically significant. The information, which Mullen said he hoped would help guide the legislative process, will be used in implementing a new policy. “The reason to conduct the survey is to get objective data from the people affected most by this change,” he said. “It is that data that will highlight issues in terms of implementation and issues that need to be addressed before certification.” He said the military would look specifically at issues affecting force readiness, training and cohesion. “These are real things we have to deal with,” Mullen said. He said the troops’ input is important, in part, because “this force has been stretched.” Mullen noted that the fiscal 2011 defense authorization bill awaiting a vote by the Senate and the version passed by the House would not mandate repeal until the Pentagon’s review of the survey is complete. Nonetheless, he said it would be better if Congress waits until the review of the surveys is completed later this year. The final results are due on the desk of Defense Secretary Robert M. Gates by Dec. 1. The Senate blocked consideration of the defense authorization bill last week, in part because of GOP objections over several other measures that Democrats wanted to attach to the bill. Congress is expected to revisit the issue when it returns in November. http://www.cqpolitics.com/wmspage.cf...y-000003743540 __________________ Sometimes you don't realize your own strength until you come face to face with your greatest weakness. - Susan Gale

10-12-2010, 03:34 PM	#8
Rook Senior Member How Do You Identify?: A.G - Stone Butch - GenderFuck Preferred Pronoun?: Hym, Hyz...or, just b respectable, it's not that hard.. Join Date: Nov 2009 Location: Columbus Posts: 2,280 My Photo Gallery Thanks: 2,227 Thanked 3,182 Times in 1,287 Posts Rep Power: 21474854	Gotta watch for the Appeals....but otherwise -happy dance- __________________

10-13-2010, 07:41 PM	#9
Jess Timed Out - Permanent How Do You Identify?: decidedly indifferent Preferred Pronoun?: other Join Date: Nov 2009 Location: Patrick Springs, VA Posts: 2,812 My Photo Gallery Thanks: 9,247 Thanked 5,700 Times in 1,682 Posts Rep Power: 0	Obama administration expected to appeal ruling on gays in military Washington (CNN) - The Obama administration is expected to appeal as soon as Wednesday a federal judge's ruling that halted the Defense Department from enforcing its policy that bars openly gay people from military service, according to senior administration officials familiar with the government's plans. U.S. District Court Judge Virginia Philips issued an injunction Tuesday that bans enforcement of the "don't ask, don't tell" policy throughout the military services. While the government has up to 60 days to file an appeal to the Ninth Circuit Court in San Francisco, California, officials familiar with the case said that could happen in the next day or two. http://politicalticker.blogs.cnn.com...s-in-military/ If this is how this administration shows its full support for LGBT then I sure wish they would back off our wagon.

10-12-2010, 02:51 PM	#6
rlin Member How Do You Identify?: human Join Date: Mar 2010 Location: nomad Posts: 712 My Photo Gallery Thanks: 1,450 Thanked 1,189 Times in 451 Posts Rep Power: 1004849	Breaking News Alert The New York Times Tue, October 12, 2010 -- 3:45 PM ET ----- Judge Orders Injunction Stopping 'Don't Ask, Don't Tell' A federal judge ordered the government on Tuesday to stop enforcing the "don't ask, don't tell" policy, ending the military's 17-year-old ban on openly gay troops. U.S. District Judge Virginia Phillips's ruling was widely cheered by gay rights organizations. Department of Justice attorneys have 60 days to appeal. Legal experts say the department is under no legal obligation to do so and could let Judge Phillips's ruling stand. Read More: http://www.nytimes.com/aponline/2010...ry.html?emc=na

10-12-2010, 03:07 PM	#7
Jess Timed Out - Permanent How Do You Identify?: decidedly indifferent Preferred Pronoun?: other Join Date: Nov 2009 Location: Patrick Springs, VA Posts: 2,812 My Photo Gallery Thanks: 9,247 Thanked 5,700 Times in 1,682 Posts Rep Power: 0	Thanks rlin! I couldn't get the whole story from that link, it asked that you register to view it, so here is another link. http://www.cnn.com/2010/US/10/12/jud....order/?hpt=T2 Guess not all of the work being done by all of the republicans is so bad afterall.