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Judge rules DADT unconstitutional

Discussion in 'Current Events, World News, & LGBT News' started by Emberstone, Sep 9, 2010.

  1. Emberstone

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    http://news.yahoo.com/s/ap/20100910/ap_on_re_us/ca_gays_in_military

     
  2. x2x2x2x2y2

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    Firstly, didn't this happen like a while back?? =S

    Secondly, I kinda live by Riverside. Cool.
     
  3. Adam

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    Nice to hear :slight_smile:
    Currently in the process of trying to join the Navy.
     
  4. Emberstone

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    yahoo posted it as breaking news earlier. It was the first I had even heard of about DADT being challanged in court. I knew about DOMA and Prop 8, but DADT always seemed like if it was to be a judicial issue, it would be the supreme court. of course, it was a federal court, so it still had juricdiction.
     
  5. x2x2x2x2y2

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    My bad, I was getting DADT confused with Prop 8.


    Anyways, it's cool to see the world changing!!
     
  6. RaRa

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    Thought it would've been from Northern California but whatever works. :lol:
     
  7. Emberstone

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    I don't know how much power the courts have over the military though. Usually, that is a matter i thought was handled by congress and the executive branch.
     
  8. Danielle

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    If Obama actually took a stand on gay rights we wouldn't have to have this debate.
     
  9. Filip

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    It's not as easy as that, though. Obama isn't a dictator who can just decide what is and isn't permissible (except in very specific circumstances where he can give executive orders).

    Also, it seems the log cabin Republicans are usually ridiculed, but I would like to applaud them in this case!
     
  10. Danielle

    Danielle Guest

    I realise that Obama isn't a dictator but he has the numbers to push through legislation in the house and with Olympia Snowe he would have 60 senators thus defeating any filibuster on the senate floor.

    It would have been much eaiser to get through than healthcare, which he got through.
     
  11. Kevin42

    Kevin42 Guest

    Obama needs to take this opportunity to urge the Democratic Congress to move quickly to repeal DADT before the November elections. It seems he could also urge whoever in the federal government who would appeal this decision to refrain from doing so.

    ---------- Post added 10th Sep 2010 at 08:30 AM ----------

    Here is a link to the ruling, for all those who might be interested:

    http://www.scribd.com/doc/37189194/DADT-Ruling
     
    #11 Kevin42, Sep 10, 2010
    Last edited by a moderator: Sep 10, 2010
  12. Emberstone

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    on DADT, obama did pressure congress to act to start the process, but he also deferred the fact that this is a military matter, with most of the top military brass supporting the repeal, so he has deferred to the military to help ensure it is done properly.

    executive orders are a double edged sword. It is always better to legislate or ejudicate than it is to simply sign a executive order. going through the legislative and court systems shows a defference to the system itself. executive orders overstep the system.
     
  13. Leon481

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    Lots of good news on the site today. This decision might not get results right away and may get overturned in the long run, but just the fact that a decision like this was even made has to do some good somewhere.
     
  14. Emberstone

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    it does bolster the efforts to repeal the discriminatory practice.
     
  15. Elven

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    It's a nice step anyway, even if it dosen't have an effect.
     
  16. Emberstone

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    The question I have in regards to this ruling, is will it be appealed all the way to the supreme court?

    Doing so may take a while to get through all the proper channels, and hopefully, DADT will have already been repealed by then through congressional/legislative means.

    of course, if republicans take control of the house, that might delay it further.
     
  17. Holmes

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    The Obama administration and this Democratic Congress acted incredibly slowly on DADT, something which Gallup showed last year that 69% of adults and 58% of Republican voters support. The reform they brought in was an incredibly delaying half-measure, especially considering the broad support for a change, unlike the marriage question. This was an issue that could probably have been dealt with quickly on the back of an inspirational speech on his initial wave very early in his term, after saying that he would be a "fierce advocate for gay and lesbian Americans".
     
  18. ANightDude

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    But he also said DADT is a military matter mostly for the Pentagon to decide. He doesn't have nearly as much power as you think.
     
  19. Holmes

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    I'd rather rely on an analysis from someone other than the person whose commitment we're discussing. There were certainly many commentators around the time of the Congressional debate who thought he could have brought through a more thorough change.
     
  20. Kevin42

    Kevin42 Guest

    Obama has plenty of power to stop enforcement of Don't Ask Don't Tell and to suspend the discharge of those who would be discharged under the policy. Why gays should suffer while Congress and the military crawl towards repealing a law that has now been found unconstitutional in a court of law and that no longer has general public support is beyond me. To me, this is just another example of Obama failing to understand or utilize the power that the President of the United States is given.