US court orders halt to gay military ban

[Gerald]

A US appeals court has ordered the Obama administration to stop enforcing the ban on allowing gay men and women serving openly in the military.

The Ninth US Circuit Court of Appeals lifted a previous ruling which allowed the government to continue enforcing the "don't ask, don't tell" law (DADT).

President Barack Obama has repealed DADT, allowing gay military members to be open about their sexuality.

But the law is still being enforced while the Pentagon drafts new rules.
'Change of hardships'

A three-judge panel at the court in San Francisco said DADT must be lifted because the Obama administration concluded in December 2010 that it was unconstitutional to treat gay Americans differently under the law.

"The circumstances and balance of hardships have changed, and [the government] can no longer satisfy the demanding standard for issuance of a stay," the panel said.

The panel noted that Congressional lawmakers repealed the ban on gay military personnel in December and that the Pentagon is in the process of writing new rules for the policy.

The "don't ask, don't tell" law forbids gay soldiers from acknowledging their sexual orientation.

The removal of the ban on gay members of the military came in response to a motion brought by Log Cabin Republicans, an organisation for gay Republican Party members.

Last year, the group persuaded a lower court judge in California to declare the ban, which was formally adopted in 1993, unconstitutional.

But the government appealed US District Judge Virginia Phillips' decision, and the Ninth Circuit Court agreed to keep the policy in place until it could consider the case.

Officials at the Pentagon said on Wednesday they would comply with the court order and inform commanders in the field.

Gay advocates said an appeal from the Pentagon on the ruling is unlikely, considering the Obama administration is committed to repealing the policy.

"The ruling... removes all uncertainty," said Log Cabin Republicans Executive Director R Clarke Cooper.

"American servicemembers are no longer under threat of discharge as the repeal implementation process goes forward," he added.

http://www.bbc.co.uk/news/world-us-canada-14056365


Note: 6 July 2011 Last updated at 22:27 GMT

[Osmium Steele]

Another unsurprising, overly-hasty ruling by the 9th Circus.

I'm still at a loss to figure out how repealing DADT allows homosexuals to serve openly. The UCMJ, under article 125, specifically forbids sodomy.

Until that definition is changed, as the Pentagon is in the process of doing, repealing DADT allows the command structure to court-martial anyone suspected of homosexual behavior.

Now, whether or not any neanderthals press the issue is another subject entirely.

[Ducimus]

I remember when this little ditty had photo copies plastered in every shop, in every base i can remember being on:


Ballad of the Queen Berets
[tune of "Ballad of the Green Berets"]

Falling fairies from the sky;
I broke a nail, oh I could cry!
Don't you like how my tush sways?
We are the Fags of the Queen Berets!
Bill Clinton's words upon our ears,
"You guys have rights, be proud you're queers!"
I once was scared, now I'm Okay,
Cause I'm a fag in the Queen Berets.
Put silver earclips on our nuts;
We love the pain, now spank our butts!
The way you walk is awfully cute;
I sure would love to pack your chute!
Back at home, a young wife waits,
Her Queen Beret just won't go straight;
For his team he stays undressed,
Spreads his legs, and lies on his chest.
This Army stuff is really slick;
Free clothes, bunk beds, and lots of dicks.
When we retire, we'll still get paid;
We thank you, Bill, from the Queen Berets!

[Anthony W.]

Seriously, I refuse to shower with dudes who will get erections at the sight of other men.

That is awkward, uncomfortable, (in some cases dangerous), and just not right.

How difficult is it to get a transfer? Since I'm going into the USAF in 2 years or less.

[AVGWarhawk]

(in some cases dangerous)

How so?

Originally Posted by AVGWarhawk

How so?

The only danger would be if one over reacted as I see it.

I shared a room with a Guy for 4 years who was Gay.
He told me and I didn't mind at all and I kept his secret.
He never once approached me nor attacked me and was a very valued Mate.
He was as Strack a Trooper as I ever had the Honor to serve with.
And I'd go into Combat anywhere on this Planet with a Thousand like him
and not miss a second of sleep!

[CaptainMattJ.]

Originally Posted by Anthony W.

Seriously, I refuse to shower with dudes who will get erections at the sight of other men.

That is awkward, uncomfortable, (in some cases dangerous), and just not right.

How difficult is it to get a transfer? Since I'm going into the USAF in 2 years or less.

Any form of sexual activity, including coming on to other people is strictly forbidden. so if he restrains himself, like many straight men fail to do while being around woman service members, then there shouldnt be a problem. If they act like an all out homosexual all the time, then yes, theres a problem. otherwise, they should be respected as fellow members of the armed service and fellow brothers/sisters in arms.

Its not like straight guys tend to keep it to themselves when around woman in the military.

Im totally fine with gay servicemen and woman around me. So long as they dont express their feelings to me or anyone else then there shouldnt be a problem.

[Anthony W.]

Originally Posted by CaptainMattJ.

Im totally fine with gay servicemen and woman around me. So long as they dont express their feelings to me or anyone else then there shouldnt be a problem.

Agreed. I forgot to say that.

[Platapus]

Originally Posted by Osmium Steele

I'm still at a loss to figure out how repealing DADT allows homosexuals to serve openly. The UCMJ, under article 125, specifically forbids sodomy.


Because one is an activity and the other is a sexual preference.

Adultery is also in the UCMJ but how often people prosecuted over that?

Originally Posted by Anthony W.

Seriously, I refuse to shower with dudes who will get erections at the sight of other men.

Why would you assume that a homosexual will get an erection at the sight of another man? Do you get an erection at every woman you see naked?

[August]

Originally Posted by Platapus

Why would you assume that a homosexual will get an erection at the sight of another man? Do you get an erection at every woman you see naked?

Women who are young and fit enough to be serving in the military? You betcha.

[Osmium Steele]

Originally Posted by Platapus

Because one is an activity and the other is a sexual preference.

Adultery is also in the UCMJ but how often people prosecuted over that?

A sexual preference which, by definition, engages in the activity. Such was the mindset of the pre-DADT command structure.

Homosexuals were not allowed to serve openly prior to DADT. I fear that simply repealing DADT will not allow them to serve openly today.

It is my sincere hope that the command structure has evolved sufficiently to leave them the heck alone.

As to your second point, adultery, given evidence, is commonly used as a throw-away charge in spousal abuse cases and others. Kind of like gun charges in civilian courts.

[antikristuseke]

Originally Posted by Anthony W.

Seriously, I refuse to shower with dudes who will get erections at the sight of other men.

That is awkward, uncomfortable, (in some cases dangerous), and just not right.

How difficult is it to get a transfer? Since I'm going into the USAF in 2 years or less.

So it was fine when homosexuals served without disclosing their sexuality, but now that they can actually say that they are in fact homosexuals you have a problem?
Does not compute.

[Platapus]

Trust me, if you showered with people in the military, you showered with someone who was gay... and nothing happened.

I was room mates with a homosexual when I was in Korea... nothing happened. It is going to be OK.

Do you really think that once DADT is finally abolished that all the gays will be broadcasting their sexuality? Gays will continue doing what they have been doing for decades/centuries in the military. Keeping a low profile and seeking out like minded people.

[AngusJS]

Originally Posted by Anthony W.

Seriously, I refuse to shower with dudes who will get erections at the sight of other men.

Your high school had a gym, right? You probably already have.

I'm sure the experience was devastating.

[Anthony W.]

Originally Posted by AngusJS

Your high school had a gym, right? You probably already have.

I'm sure the experience was devastating.

Nope. I went to a Catholic HS.