Does Today’s Federal Court Ruling Mark The End Of Don’t Ask, Don’t Tell?
Last October when a District Court judge issued an injunction against Don’t Ask, Don’t Tell’s enforcement, the Department of Justice went to the Ninth Circuit for a stay pending appeal, basically granting permission for gay soldiers to continue being discharged under the anti-gay law. But today, the Ninth Circuit Court of Appeals lifted that stay basically nullifying DADT for the time being. Is this the first ding-dong of a bell signifying DADT’s death?
Now the Department of Defense must either appear in court on August 29th to appeal the decision or take the case to the Supreme Court, which it is unlikely to do. Some interpret the Ninth Circuit Court’s move as a response to the slow-as-hell certification process meant to ensure DADT’s eventual legislative repeal. Basically, the court has said “Obama and the heads of the military have taken too long resolving this issue, so the judicial branch must.”
While the Servicemembers Legal Defense Network still advises gay soldiers not to come out until there’s a final declarative on the matter, it’s interesting to note that the Ninth Circuit court referenced that awesome brief filed by the DOJ July 4th weekend calling DOMA a pointless law that does nothing more than continue America’s long history of institutionally discriminating against LGBTs on every level of government.
Does this mean that those soldiers looking to honorable discharges by voluntarily outing themselves will stay stuck in the system?
Stay tuned…
Okay, I understand people wanting to serve our country. What I have never understood is why members of the LGBT community want to enlist in services that don’t respect them and will discharge them dishonorably if they are open about their sexual orientation. DADT has cost the military millions in training and cost them key people in positions where they could ill be spared. Why is there even a question on this? If it is unconstitutional, then STOP ENFORCING IT AS OF YESTERDAY!
·
@TMikel: That’s sure a fair & valid question. Here’s my try at an answer.
The people I know who are serving (or have served):
a) had a family history of military service: dad, grandpa, aunt, etc. Call it a tradition. Lots of patriotism….
and/or:
b) didn’t see other, better options in terms of training, $, career, education, upward social mobility.
Note that the LGB people among them knew all about DADT before entering and claimed they didn’t believe they’d come out or get outed during their service. Only one had a close call with getting outed.
This is a small group of people (total = ~9) I’m referring to: rural/semi-rural, lower/ middle income people. Most believed in the reasons for going to war(s) before they enlisted, and ~half changed their mind once they got wherever they went.
This reflects where I’m from & who I know, so I cant generalize to say much about other people’s reasons.
·
I joined for the reasons above, as well as a way to socially and contractually prevent myself from acting on my homosexuality, as I was very self-depreciating and in denial at the time I joined. Now that I’m a little less nuts, thanks to the military’s mental health system, I’d like to see DADT finally repealed so I can finally be myself.
·
If the military doesn’t object to the latest court ruling. Obama could simply certify the order and end DADT NOW!
·
Wow Queerty, what a shitty and cynical comment: “Does this mean that those soldiers looking to honorable discharges by voluntarily outing themselves will stay stuck in the system?”
With so-called friends of the community like Queerty, who the fuck needs the wingnuts to make such outrageous and slanderous remarks about the private personal decisions of gay/lesbian servicemembers who determined for themselves to join the military services?
Just like Queerty to piss all over the good efforts of others with your incessant snarking from the sidelines.
·
FYI – http://OutMilitary.com is providing a supportive place for gay servicemen and women to friend, share and network in a post DADT era.
·
“Does this mean that those soldiers looking to honorable discharges by voluntarily outing themselves will stay stuck in the system?”
Why, yes, that’s exactly what it will mean. Or did you think that this whole drive to equality meant something different?
Also, just so you know — same-sex marriages will, like other marriages — carry all of the *obligations* as well as the *benefits* of marriage. There won’t be some special gay take-backs clause.
Good lord.
·
Thank you 9th Circut, looking forward to a similarly forward thinking decision on the Prop 8 Lawsuit.
·
Maybe.
There’s no bureaucracy like a military bureaucracy. No doubt they still have a few WW1 veterans awaiting discharge . . .
·
The Obama Administration lost the Log Cabin Republican v US case before the so-called “repeal” was passed.
Obama requested a stay of the district court’s ruling, insisting the country would be irreparably harmed if they couldn’t continue to discharge homos….while they were working on their plan to quit discharging homos.
It’s been 198 days since the “repeal” was signed, and longer than that since the ban was held unconstitutional.
Unless a court gets all the way up this guy’s ass, he’s not going to do anything.
·
@Uh huh: Actually, there won’t be any gay marriages ( because DOMA is still in effect) so same-sex couples don’t rate the same benefits as a heterosexual couple.
They made this very clear during the repeal briefs I have sat through…
@Mike in Asheville: That’s not a shitty or cynical comment at all. That is actually fairly accurate. The DoD has already reported the discharge of four Airmen who were outed by voluntary statements to their command so they could be discharged. There are a few active cases of service members whose commands were in the process of discharging them under DADT (namely, Airman 1st Class Justin Dailey). He didnt make a voluntary statement, nor was he trying to get out early. Following the court ruling last week, his defense council was notified that the DoD was suspending his discharge process. And now, for the time being, he can get back to normal, or as close to it as possible.
All I’m saying is the court ruling will prevent commands from discharging service members based on their sexual orientation. It will also prevent individuals from jumping ship before their obligated service is through.
·
To Become Bishops, Anglican Priests Have To Prove They Aren't Having Gay Sex
Idaho Republicans Want to Protect Workplace From Gay Men In Tutus
Follow @queerty
yes
next