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Feds Ordered to Explain DADT Discrimination


DONT ASK DONT TELL DADT 201007 X390 (GETTY) | ADVOCATE.COM

The federal judge hearing a case next week to challenge the military's ban on gay and lesbian service members decided Wednesday the government must submit evidence justifying why it has enforced the law.

In a pretrial ruling, U.S. district judge Virginia Phillips said the Obama administration's lawyers must show that Congress came to a reasonable conclusion that barring gays and lesbians from serving openly provided for a more effective military. Phillips said recent legal outcomes have raised the bar and demanded more evidence to justify antigay discrimination, the San Francisco Chronicle reports.

The trial, scheduled to begin Tuesday in Riverside, Calif., stems from a suit by the Log Cabin Republicans, specifically highlighting the discharge of former Army intelligence collector Alexander Nicholson and an unnamed service member still in the military.

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Reader Comments
  • Name: jon
    Date posted: 7/10/2010 11:02:23 PM
    Hometown: americaville

    Comment:

    Well I hope the Judge sides with us so we have 2x the chance of repeal. Spreading out the bet is always a good idea.

  • Name: michael jarboe
    Date posted: 7/10/2010 10:56:19 AM
    Hometown: miami beach

    Comment:

    With all of our major allies already integrating us into their militaries, I can't wait to see what the justice department comes up with. Or is it just that American soldiers are not as capable of dealing with this as other nations? I thought our troops where "the best in the world."

  • Name: The Rev. Sister Bishop of the Queer Arch Dioscese of Boston
    Date posted: 7/10/2010 4:11:20 AM
    Hometown: Boston, MA

    Comment:

    "Well ya see, Judge, we just don't want them there homo-sectionals climbing all up in our fox holes! It just ain't natural!"

  • Name: Liam
    Date posted: 7/10/2010 1:39:31 AM
    Hometown: Portland

    Comment:

    @Mark...Elena Kagan is against DADT, that's one of the reasons the Republicans hate her.

  • Name: melvin
    Date posted: 7/9/2010 9:46:33 PM
    Hometown: South Dakota

    Comment:

    You would have to change the constitution to have Supreme Court Justices give a term limit. The constitution clearly states that they are in for life. There is an impeachment clause, but hard to do.

  • Name: jimstoic
    Date posted: 7/9/2010 4:54:45 PM
    Hometown: Santa Barbara

    Comment:

    It sounds like the judge may be using intermediate or strict scrutiny rather than rational basis, or at the very least, asking for a truly rational rational basis for the law. But mark my words, we will see the Obama administration fight this. I hope I'm wrong, but I doubt it.

  • Name: jimstoic
    Date posted: 7/9/2010 4:54:33 PM
    Hometown: Santa Barbara

    Comment:

    It sounds like the judge may be using intermediate or strict scrutiny rather than rational basis, or at the very least, asking for a truly rational rational basis for the law. But mark my words, we will see the Obama administration fight this. I hope I'm wrong, but I doubt it.

  • Name: CJ
    Date posted: 7/9/2010 4:36:34 PM
    Hometown: SF

    Comment:

    It's great to see the courts moving! But, we need to continue to press our lawmakers. Have you written to your Senator and Representative lately? Time for change is limited. If Republicans gain seats in November then it will be nearly impossible to pass LGBT equality legislation. *** We need ENDA passed. (End employment discrimination). We also need UAFA passed. (Comprehensive immigration that permits same-sex sponsorship). We need DOMA and DADT repealed. Write to someone today. We can't be silent with our elected leaders. Democrats need to be reminded that WE ARE COUNTING ON THEM. We voted for them and they can't continue to delay, stall and permit ongoing discrimination. http://whoismyrepresentative.com/

  • Name: Randy
    Date posted: 7/9/2010 4:00:54 PM
    Hometown: Lakeland

    Comment:

    THE US SUPREME COURT should NOT have life membership. Some of them are FORCING their values of the way that they grew up with...STILL and their own personal beliefs. I do agree that they should not be "elected" and it should not be every four years or such...I'm think possibly every 20-25 years they should have to step down...This would give them some security...they would not necessarily be "pressured" to any one president or party (gop/demo). I think it would allow THE COURT to grow with humanity. IS THERE ANY CHANCE OF THIS EVER HAPPENING? I really am not knowledgeable in this area...would love to hear other opinions, legality of this subject. Any other info about Thomas, his wife and the association with the tea party?

  • Name: Randy
    Date posted: 7/9/2010 3:47:30 PM
    Hometown: Lakeland

    Comment:

    @Scott...You are absolutely right..."christians" infiltrating the gov.. or should we say VOTING TO ADVANCE THEIR BELIEFS. instead of every american's human rights. But of course they do it because their god told them to...What I really don't get other than they want everyone to be like them or ELSE... How is the H*** are my choices effecting them? They can teach their children to believe whatever...shelter their children from whatever...(instead of educating them and telling their children that people have the right to believe...) WHAT?? Are my choices going to send the USA to Hell? (is that all americans to hell or just the gays and gay friendly?) IS THE WORLD GOING TO END because of my choices? (isn't that what the "christians want...the world to end, so to be with their god?) Other than really violating someone else's rights...HOW CAN TWO CONSENTING ADULTS violate someone else's rights? THE SUPREME COURT SHOULD BE ASHAME OF THEMSELVES...Enforce ALL AMERICANS HUMAN RIGHTS.



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