Do you agree with the judge's ruling on "don't ask, don't tell"?
Posted at 5:00 AM on October 13, 2010
by Eric Ringham
(23 Comments)
Filed under: Culture, Politics/Government, Security
A federal judge in San Diego ruled the military's "don't ask, don't tell" policy unconstitutional on Tuesday. Today's Question: Do you agree with the judge's ruling on "don't ask, don't tell"?
Comments (23)
As a straight but tolerant individual with a little bit of common sense, I respond with a whole-hearted YES.
Sorry. I mean not motivated by political whims. Sigh.
I agree that this shouldn't be a political issue. Which is precisely why it should be decided by a federal judge and not the politically-motivated legislature. Judges are given lifetime appointments. Their livelihoods are vulnerable to political whims, unlike elected officials.
Shane: Military service may not be a "right" but the Constitution specifically forbids the federal government from discriminating unless there is a rational basis for doing so, even when acting as an employer. Heck, especially when acting as an employer! If they're spending our tax dollars, they better be complying with the Constitution while they do it.
Invasion of privacy, freedom of speech, and separation of church and state....
So far the military has not shown a breakdown in discipline of the forces by inclusion.
Heck even our revolutionary war was assisted by a Gay General who helped train our minutemen under George Washington.
http://en.wikipedia.org/wiki/Friedrich_Wilhelm_von_Steuben
And those who point out he was 'rumored' to be gay, I then point out a lot of those being kicked out 'might' also be rumored.
When you are in service to your country, your country comes first anyway. A dedication that few possess, this selflessness for the betterment of mankind. Wish Wall-street and the Plutocrats knew what that was.
Personally, if its a problem interfering with the job, then job performance should be the issue. Not if your gay.
I have encountered many who are on both sides of the fence of preference, It no longer bothers me in the least. Its been with us all through out time it will continue to be with us as long as we are humans.
With my statement its clear it should be a issue if that is the reason people are being kicked out.
The military has bigger problems to deal with, lets move on.
our forefathers had the idea that our country is a democratic one-civil rights has gone away with politics-this is a major breakthrough for a truly free and democratic society!
I don't know about anyone else, but if I was taking fire from enemies and my team and I needed to move across open ground, I'd want the guy covering me to think my ass was cute.
when the genetic code for homosexuality is uncovered and the continuum of sexuality from one base to the other, with bisexuality included, is understood, then, all this bigoted and fearful rhetoric will gradually subside. Until then the endless round of discrimination and downright cruelty will continue.
Of course, the judge ruled correctly: there is no basis for excluding homosexuals from serving their country.
I find this topic interesting. Legally, I think don't ask, don't tell is similar to Plessy v Ferguson otherwise known as separate but equal, which was eventually overturned by 1964.
That said, our military continues to become more integreted over time with people of color, women, and now the gay/lesbian crowd. I don't know if this strengthens or weakens our military, but gays serving openly might reduce the number of poor marriages among our current soldiers today.
Obviously, the study of loving/marital relationships among heterosexuals and homosexuals, and their effects on one's ability to fight should be studied further. If we find this has no effect or that one group is less prone to fight than the other one, then we could better answer this question before us.
Sometimes it's not a matter of what's right and what's wrong. The back lash to this will be gay bashing in the military because now they will be identified. Don't be suprised if a few deaths are the result. In my own family we practice "Don't ask don't tell" to protect a family member who's father would be out raged if he knew. Sometimes discretion is the better choice.
When I consider all the strides made toward helping with equality and the breakdown of barriers based on discriminatory practices that our own institutions would uphold any form of these same practices is dichotomous and inconsistent to put it mildly.
Remember these two great American concepts:
1. All men are created equal.
2. Equal justice under the law.
Accepting these pretty much decides the issue as to whether gay citizens should be allowed to serve in the military. If a physically and mentally qualified citizen wants to serve his/her country, then why not let them?
If the issue is a religious one, then why do we allow divorcees and fornicators to serve?
The fact of the matter is nobody has a "right" to serve in the military. Just like you don't have a "right" to whatever private sector job you want. The military benefits everybody in the country, whether you are allowed to serve or not. Plus, this is a clear example of judicial activism.
Of course. Also, commit at least 1/2 the troops to growing cannabis/hemp, practicing yoga, tai chi, meditation and making sweet music.
http://www.youtube.com/watch?v=LUvOuik-g4c
The rights of gays to be in the military is analogous to the rights of gays to be married: We should all have the same right to make stupid mistakes and be miserable, regardless of sexual tendencies.
I'll have to third Andrew & Tyler here. While I agree with the judge's assertion that military effectiveness has been damaged by the policy, and I don't discount the role of the courts in this issue, I think it ultimately has to be resolved legislatively, rather than judicially.
Agree with Andrew. This is matter for Congress to repeal with a sober mind and sound judgement, pending the Pentagon's report. The global injunction is counter-productive, regardless of the judge's ruling on the law itself.
Mark: The issue is military readiness, not sexual ethics. The military is not a forum for gender politics.
As a gay man, and a brother of an officer in Iraq, I think people should serve the military with honor and dignity, including being proud of who they are. Being around military all my life, most of the military personal I come into contact with don't mind if people are gay or straight. They have other important issues on their mind.
That being said, I do think there is a correct procedural and political process with DADT. Having Congress repeal it after a year long study, with the backing of the Chairman of the Joint Chiefs, Adm Mike Mullen would be the best political process.
Activist judges sometimes cause more of a schism between people than the same result coming from Congress and the Pentagon.
I'm an Army veteran who agrees with the judge's ruling. It was a bad policy that cost us many good people who just wanted to serve, as I did.
The Obama administration would be wise to leave this one alone.
Yes, but Obama should press the appeal vigorously. A decision like this should be ratified by the Supreme Court. It won't be seen as legitimate if it doesn't withstand the best legal arguments against it.
Question for those who support DADT: If we ever reinstitute the draft, would you want to let people evade it by claiming to be gay?
Mark, there is no "cvil right" to commit sodomy. The only "right" the courts have held is a "right" to privacy. Even this "right" has dissenting judicial opinions.
Judge Phillips' ruling must be appealed. If allowed to stand unchallenged it would put the courts into the business of making military decisions and usurp Pres. Yobama's perogatives as commander-in-chief. Additionally, her decision seems to fly in the face of earlier Supreme Court rulings on the military's ability to determine who is fit for service. Previous SC decisions have held that exclusion of homosexuals from military service was not unconstitutional.
Maybe we should just cede California back to Mexico and let the crazies become their problem.
Absolutely. Politics and pandering has slowed down the civil rights process for too long. Whatever it takes to make sure we all have the rights we all deserve is fine by me.
Yes. It is impossibly hard for me to understand why there is so much hate and fear of homosexuals. It was not that long ago that African Americans were so unjustly discriminated against and this is a similar battle that must be won to ensure everyone's God given rights as human beings. If being homosexual is a sin (as argued by almost all those opposed to homosexuality), it is no worse a sin than those who are judging the homosexuals. In fifty years people will look back at this decision and be amazed that everyone did not support it.
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