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Federal court rules against military gays policy

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The military cannot automatically discharge people because they're gay, a federal appeals court ruled Wednesday in the case of a decorated flight nurse who sued the Air Force over her dismissal.

The "don't ask, don't tell, don't pursue, don't harass" policy prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or engaging in homosexual activity.

Wednesday's ruling led opponents of the policy to declare its days numbered. It is also the first appeals court ruling in the country that evaluated the policy through the lens of a 2003 Supreme Court decision that struck down a Texas ban on sodomy as an unconstitutional intrusion on privacy.

When gay service members have sued over their dismissals, courts historically have accepted the military's argument that having gays in the service is generally bad for morale and can lead to sexual tension.

But the Supreme Court's opinion in the Texas case changed the legal landscape, the judges said, and requires more scrutiny over whether "don't ask, don't tell" is constitutional as applied in individual cases.

Under Wednesday's ruling, military officials "need to prove that having this particular gay person in the unit really hurts morale, and the only way to improve morale is to discharge this person," said Aaron Caplan, a staff attorney with the American Civil Liberties Union of Washington state who worked on the case.
ajwashington

29 responses // Federal court rules against military gays policy

  •  

    Great news!!!!

    currenton
  •  
    watch this comment being used here, here, here, here and here

    I love Aj's posts...
    I'm glad to see yet another unequal policy get struck down. This again should have all the homophobes in a lather about the sanctity of... whatever.

    AreOh
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    Homosexuals are discriminated against because of someone's "moral" reasoning. This ruling takes one for the home team. Civil liberties and rights should always be protected and not dictated by someone's views.

    tanyetta
  •  
    watch this comment being used here

    hip hip hooray for change!

    kbrooks
  •  

    This is great! I actually spent the night contemplating moving to Winnipeg, Canada so I would be able to marry some day, thanks for giving me hope! Pretty soon there will be equal rights for all!

    fauxsherrrr
  •  

    Yay!
    One more step forward towards equal rights.

  •  

    Progress is on the march!

    current89
  •  

    The Irony of Irony's a decision in a Texas Court, one of the more homophobic states of the union, was used to to take this step towards equal rights for the GLBT community. With the current state of our armed service we need every willing and qualified, and capable person to serve.

    spaceboi
  •  

    That's great news. Thanks AJ.

    Julie_Soller
  •  

    Go civil liberties! Yo go girl!!!!!!!!!!!!!!!!!!!!!

    keeesha
  •  

    Now more people can die in wars that solve nothing. Iraq isn't the only stupid war in history.

    J_Jammer
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    I honestly can't believe that policies such as "Don't ask, don't tell," have been in existenece even in the past decade. Good for everyone fighting against this! Thanks for the info AJ.

    Sara_Airey
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    Homophobia is obsolete and it makes its adherents look stupidly, religiously superstitious.

    JayMurley
  •  

    This is fantastic!

    radiovolume
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    This is a good decision, it should not matter if you are gay or not. If you are wiling to serve your country and put your life on the line for people who are too lazy or too scared to serve, (many of them homophobic biggots,) then what does it matter your sexual preference.

    etosha_pent
  •  

    This is great progress! Soon, the rights of GLBT will soon be recognized by the country!

    anglcazn
  •  

    That policy is totally stupid and out of date. Discriminatory policies need to be eliminated to make way for the future.

    VitaminB2
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    I didn't expect something like this to happen until someone else was in the White House, other than McCain the "Bushleaguer". Truly amazing.

    huntre
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    The legalization of gay marriage in California...ruling against "Don't Ask, Don't Tell"... Something wonderful is happening this week for the GLBT community this week! This is amazing!

    ShadesOfInsanity
  •  

    ROFL!!! Those right-wingers REALLY hate the Judicial Branch of our government -- that pesky Constitution they have to uphold is just too impartial -- it refuses to submit to their prejudices!! lol

    shelchak
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    This is so long in coming. I am glad that these judges saw the irrationality of the policy.

    jubal
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    Great now how am I ganna get out if there's a draft?!?

    ivxx
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    I really don't care if someones gay or not i'm not homophobic. but this ruling could effect the safety of not only the person who is gay, but also the men in his unit . it doesn't seems so bad when it's an airforce flight nurse but when you are talking about 18-22 boys on the front lines it is a big deal. I was in the marines and served 2 tours in iraq. I was an 0311/8154 which is infantry . we had a guy in my platoon that everyone thought was gay. his roomate found alot of gay porn on his computer one day and showed a bunch of the guys. he denied it when he was confronted and it never went higher than the platoon level, but most of the guys treated him different for that simple reason. am i saying it was right , no but thats what happened. a combat zone is the last place you want to be treated as an outsider you have to depend on your friends to watch your back you have to trust them with your life and to not have friends in that kind of situation is not good.

    sephig
  •  

    Top 10 reasons I am so glad to be a lesbian:

    10. I can change tires on my own

    9. I can have sex without the 1% worry (birth control is only 99% effective) and no worries about "accidental" pregnancies

    8. I get to wear comfortable shoes and clothing and look great

    7. No body image issues

    6. Not stuck with the female sex role in bed, I get to switch it around

    5. Doggie style does not involve fecal matter by default, but you have a choice

    4. I get access to the locker room of interest

    3. I follow the Bible: "Thou shall not sleep with men the way you sleep with women" Amen

    2. I can masturbate in the mirror and get orgasms

    1. Breasts

    lucky2bme
  •  

    Come on Lucky, gloating isn't nice. :) Not fair to the guys in the room.
    Anyvey, neat. I wonder if California had a helping hand in this?

    Dmitri_Molotov
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