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Is DADT over?

A federal judge issued a worldwide injunction Tuesday stopping enforcement of the "don't ask, don't tell" policy, ending the U.S. military's 17-year-old ban on openly gay troops.

U.S. District Court Judge Virginia Phillips' landmark ruling was widely cheered by gay rights organizations that credited her with getting accomplished what President Obama and Washington politics could not.

U.S. Department of Justice attorneys have 60 days to appeal. Legal experts say they are under no legal obligation to do so and could let Phillips' ruling stand.

The federal government is reviewing the ruling and has no immediate comment, said Tracy Schmaler, spokesman for the Department of Justice.

Answer Question

Asked by sweet-a-kins at 3:55 PM on Oct. 12, 2010 in Politics & Current Events

Level 34 (67,502 Credits)
Answers (19)
  • sweet-a-kins

    Comment by sweet-a-kins (original poster) at 3:56 PM on Oct. 12, 2010

  • Phillips declared the law unconstitutional after a two-week nonjury trial in federal court in Riverside and said she would issue a nationwide injunction. But she asked first for input from Department of Justice attorneys and the Log Cabin Republicans, the gay rights group that filed the lawsuit in 2004 to stop the ban's enforcement.

    The Log Cabin Republicans asked her for an immediate injunction so the policy can no longer be used against any U.S. military personnel anywhere in the world.

    "The order represents a complete and total victory for the Log Cabin Republicans and reaffirms the constitutional rights of gays and lesbians in the miltiary for fighting and dying for our country," said Dan Woods, an attorney for the Log Cabin group.


    Comment by sweet-a-kins (original poster) at 3:57 PM on Oct. 12, 2010

  • Thank goodness the military can be a "closed" society, things dealt with internally.

    as in?


    Comment by sweet-a-kins (original poster) at 4:29 PM on Oct. 12, 2010

  • Right before Nov. midterm elections.

    You don't say!!!!!!!!!!!!!!!!!!!!!!!

    Thank goodness the military can be a "closed" society, things dealt with internally.

    That will never change, no matter what morons on the outside try to impose.

    When people are generous and THEN are backed into a corner, then what's left are a group of people who will impose right back.

    You CANNOT impose your will on a closed society.

    The military is too important.

    The less emotional will prevail, no matter what, whether you approve or not.

    Answer by mustbeGRACE at 4:30 PM on Oct. 12, 2010

  • Sorry, sweetnsour, deleted and reposted for editing.


    Answer by mustbeGRACE at 4:31 PM on Oct. 12, 2010

  • No, because it takes an act of Congress to change military code. These judges are just wasting their time.

    Answer by matthewscandi at 4:44 PM on Oct. 12, 2010

  • Nope, it will go to the supreme court .

    Answer by itsmesteph11 at 5:09 PM on Oct. 12, 2010

  • Those who know nothing about the military are the only ones cheering ~ because what that judge ruled has absolutely no bearing on, or control over anything the military does.

    I wonder what they would do (the cheering squads) if it completely backfired ... Congress repeals DADT and at the same time makes it against the UCMJ to serve at all if you are gay? It could happen. I think that would be a step backwards and just plain wrong, but it is a possibility. Right now military leaders are still mostly opposed to repealing DADT OR in letting gays serve openly. It's the younger soldiers that will vote 'yes' on those polls people keep citing.

    Those of you who think civilians 'need' to push this really need to sit back and ask yourself exactly who Congress is going to pay more attention to ~ and consider that generals don't have to care about feelies, only about getting the mission accomplished.

    Answer by Farmlady09 at 5:17 PM on Oct. 12, 2010

  • The military is and always will be a closed society and everything that can be handled internally will be. Everything from a soldier beating their spouse to a Marine defaulting on credit card payments is handled 'in house'. It's always been that way and nothing's ever really going to be able to change it, it's an engrained part of the military way of life.

    Civilian judges can't force their rulings on the military since they're not part of the chain of command. Changes to be made have to come from congress and higher, and meet joint chief approval and like Farmlady said the joint chiefs right now are still old school enough that they're not about to let an actual repeal of DADT stand without some other way around it, no matter what the "New Gen Personnel" really have to say about it because they're the ones calling the shots at the end of the day.

    Answer by BlueCollarMama at 5:26 PM on Oct. 12, 2010

  • DADT was Bill Clinton's idea. I liked him as President, but DADT was a mistake as far as I am concerned and also as far as most people who believe in equality and are against discrimination. The Military might be a "closed society" but since the Military did not originate DADT, what can they do about it?

    Answer by gertie41 at 6:20 PM on Oct. 12, 2010

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