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'Don't ask' court hearing scheduled for today

By Ed O'Keefe

The federal judge who ordered the military to stop enforcing the "don't ask, don't tell" law will hear arguments Monday for and against lifting her injunction.

The Justice Department wants Virginia A. Phillips to stay -- or stop -- her injunction because it's disrupting a Pentagon study of how the military would end the ban on gays and lesbians openly serving in uniform.

But Dan Woods, representing the Log Cabin Republicans who brought suit challenging the law's constitutionality, said government lawyers are contradicting President Obama's own statements about "don't ask."

"Because 'don't ask, don't tell' weakens our national security, as the judge's ruling found and as the President has repeatedly admitted, the effect of staying the injunction would be to continue to weaken our national security," Woods said. "The government should be ashamed to be seeking that result."

Indeed White House Press Secretary Robert Gibbs said last week that Obama believes the policy "is detrimental to our national security."

Log Cabin lawyers may also remind Phillips that the Pentagon has been enforcing her injunction since last week with no reports of serious problems. The Palm Center, a University of California Santa Barbara think tank that studies gays in the military and supports repealing the law, is using a new Web site to track how the Pentagon enforces the injunction in an effort to prove that allowing gays to serve would not seriously impact military operations.

Court arguments are set to begin at 2:30 p.m. PT in Phillips's Riverside, Calif. federal courtroom. It's unclear when she plans to make her decision. The Justice Department also plans to appeal to the 9th Circuit Court of Appeals regarding Phillips's ruling that "don't ask" is unconstitutional and likely will ask the higher court to consider staying her injunction if she declines to do so.

Leave your thoughts in the comments section below

By Ed O'Keefe  | October 18, 2010; 8:30 AM ET
Categories:  Military  
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Comments

This federal judge ruled that the "Don't Ask Don't Tell" policy weakens national security.

The problem with this is that the federal judiciary has no expertise in the area of national security, and in our system, has no role to play in making any determinations in this area.

This is the role of the U.S. Congress, and the President of the United States.

What is, or is not, in our national security interests, is in their purview alone. Judges are to stick to the question as to how a particular law is to be interpreted, based on its legislative history, not to make judgments as to the policy conclusions embodied in it. When they do this, they usurp the role of the legislative branch and executive branches.

This is such a glaring overstep by this judge, that if the ruling is appealed, this will stick out like sore thumb, and will most likely be struck down.

Posted by: GoldenEagles | October 18, 2010 12:34 PM | Report abuse

Heterosexual soldiers cannot be forced to sleep, bathe, and dress in front of anyone who could develop a sexual or romantic interest in them. That's why women and men are sex-segregated.

If the judge chooses to decree that the military must build private rooms with baths for each recruit, and that the expense should be added to the national debt, then that would be a bold step forward.

DADT is the compromise that permits gays and lesbians to serve while not depriving other soldiers of their privacy rights.

Everyone has rights.

How could we forget such a basic idea of American life?

Posted by: blasmaic | October 18, 2010 4:30 PM | Report abuse

Finding a federal judge to decide whatever ruling you want is in vogue it seems. These judges are attempting to make history by destroying what has worked for this great country for over 200 years. I repeatedly ask, "How many of these so- called great minds in our court system or the political arena have ever served a day in combat?" Unless you've been there, please leave this decision to those that have!

Posted by: lgren | October 18, 2010 4:50 PM | Report abuse

Heterosexual soldiers cannot be forced to sleep, bathe, and dress in front of anyone who could develop a sexual or romantic interest in them. That's why women and men are sex-segregated.

If the judge chooses to decree that the military must build private rooms with baths for each recruit, and that the expense should be added to the national debt, then that would be a bold step forward.

DADT is the compromise that permits gays and lesbians to serve while not depriving other soldiers of their privacy rights.

Everyone has rights.

How could we forget such a basic idea of American life?
----------

Your comments make no sense. Heterosexuals ALREADY bathe, sleep, and dress in front of homosexuals (and not just in the military...ever shower/change at the gym? Lets of gay guys do and none of them are interested in you).

So the idea the all of a sudden it will be a problem is nonsense.

Posted by: B-rod | October 18, 2010 4:51 PM | Report abuse

Heterosexual soldiers cannot be forced to sleep, bathe, and dress in front of those who could become sexually or romantically attracted to them. That's why sex-segregation with DADT works. Reomve DADT, and you must end sex-segregating males and females too. The judge should show some courage and force the military to build private rooms and baths for all recruits.

B-rod, this isn't about me, so don't try that silly, immature ploy of personalizing the attack.

Everyone has rights. How did we ever stray so far from this basic American value?

Posted by: blasmaic | October 18, 2010 5:03 PM | Report abuse


There is no constitutional right to enlist in the United States armed forces. None. No such right exists. The Supreme Court of the United States has repeatedly expressed this in other cases. Furthermore the Court struck down a constitutional challenge of DADT one year ago by refusing to hear the case. That is because only Congress has the power to repeal a law. If the Supreme Court was of the opinion that DADT is unconstitutional they would have decided the matter a year ago.

Posted by: screwjob22 | October 18, 2010 5:24 PM | Report abuse

Gay lifestyle is an anti-God lifestyle, whether they admit it or not. Gay rights are unconstitutional because they force people of God to teach what God calls abomination as an acceptable lifestyle choice. The USA and United Nations have created an anti-God religion (set of rules to live by with blessings for obedience and curses for disobedience,) and called it "human rights." It is contrary to the word of God in all religions with holy books. It forces people of God to rent to and hire what God says to warn of Hell and separate from those who refuse to be corrected. This is not allowed in the First Amendment to the US Constitution. Thousands of off-shoot religions recognize the Bible as the word of God. Setting the word of God as the standard of our nation is not establishing a religion.

The government is not allowed to impose its ways on religions. It is doing that with regard to abortion and homosexual lifestyles and government control and education. It then tells clergy in the pulpit not to get involved with politics in elections. That is a violation of the constitution. People of God are commanded to fight against evil; religious leaders that do not guide their congregations to vote against evil in the elections are false leaders, idle shepherds that serve man and not God and will receive the greater wrath of God.

Posted by: MarieDevine | October 18, 2010 5:29 PM | Report abuse

MarieDevine- Your religion is not the only one represented in this country. If cannot give tohers the respect you demand us give to your religion, then you need to move to a theocracy right now. I suggest Iran or Saudi Arabia. There all the laws of the lans are based soley on religious doctrine. Perhaps you would be happier there. Otherwise keep your religion and its old, irrelivant superstitions out of our secular, civil laws and government.

Posted by: schnauzer21 | October 18, 2010 5:45 PM | Report abuse

Posted by: blasmaic
Heterosexual soldiers cannot be forced to sleep, bathe, and dress in front of those who could become sexually or romantically attracted to them. That's why sex-segregation with DADT works. Reomve DADT, and you must end sex-segregating males and females too. The judge should show some courage and force the military to build private rooms and baths for all recruits.

=====

blasmaic, your logic is actually backward. Gay military already serve in the armed forces and are already there. DADT actually forces heterosexual soldiers to sleep, bathe and dress in front of homosexual soldiers and do so in complete ignorance of the fact that homosexual soldiers may be watching since it bars the homosexual soldiers from disclosing the fact that they are homosexual. At least if DADT was repealed, then homosexual soldiers would be allowed to admit their sexuality (if they so chose) and the heterosexual soldiers could make an informed decision about what they chose to do in front of those soldiers. Based on this poll (http://blogs.wsj.com/washwire/2010/02/10/poll-shows-support-for-repealing-dont-ask-dont-tell/) in military households, 72% of Democrats, 53% of Republican and 56% of Independent military families support repealing the ban. That means among active military, a majority favor repealing the ban. For all of you who advocate "letting the people speak" in terms of the gay marriage ban where you think that a majority votes to deny gay marriage that should be the end of the matter, then, don't be hypocritical, the majority of those affected (the military) says repeal the ban.


Posted by: DadWannaBe | October 18, 2010 6:20 PM | Report abuse

Anyone know where to get update on this hearing?

Posted by: DCCharles | October 18, 2010 6:33 PM | Report abuse

DadWannaBe, it is true that gay and lesbian soldiers are permitted to serve as heterosexual soldiers under the terms of DADT. Gay and lesbian soldiers serve honorably and are respected, as heterosexuals.

The right to privacy from anyone who could develop a sexual or romantic interest in you isn't subject to a majority vote. We don't have majority rule on a woman's right to a safe abortion. We didn't seek majority approval for removing prayer from public schools. And we don't subject a person's right to privacy from others to a public opinion poll.

It's okay with me if gays and lesbians serve openly in the military. The military just has to provide normal privacy rights to everyone (private bunk and bath) or take them away from everyone (men, women, and LGBTs all in the same showers naked). Halliburton can build it and congress can add it to its deficit.

Forcing heterosexuals to appear naked in front of those who could develop a sexual or romantic interest in them is not a constitutionally permitted option.

Posted by: blasmaic | October 18, 2010 6:38 PM | Report abuse

schnauzer21 says: "Your religion is not the only one represented in this country"

I believe all the major religions that are represented in this nation hold that the behavior of homosexuality is not something that God our Father looks upon with much happiness. This is true in Christianity, Judaism, Islam, Hinduism, Buddhism and so forth. I think it is also true in all of the Native American religions as well.

After all, when it comes to happiness, God created the male/female relationship to be the most verdant garden in that respect. And this is true in every culture.

True, homosexuals appear to frolic in the mud pits outside the garden walls, but it is just not the same. The slimy substance of guilt covers them from head to toe, and they can't wash it off.

I think the truth is, that when God our Father and Mother looks at homosexuals, They see children (whom they love) yet who have fallen into a state of misery, blocked from entering the garden of male/female pleasure and happiness that They designed for the well being of all of their children.

When the issue is studied closely, you will find that the homoerotic urge is always manufactured in the heart of a demon, who broadcasts this into the astral body of the victim, and if the victim acts it out, he or she is then trapped, and will spend their life from that point on with a collar around the neck, just like a dog, which is connected by a chain to the hand of the new “master”, who can then tug that chain at will. I believe every homosexual actually understands this to be true at some level of their being. And that is why they are, as a group, the most miserable people on the planet. If they were happy, they would just be happy. They would not be spending all of this time forcing the public to bow down in respect before their altar of decadence. Truly, adopting the word “gay” to describe themselves, well, there is not a bigger fraud being perpetrated on the American people than that.

Posted by: GoldenEagles | October 18, 2010 6:52 PM | Report abuse

DCCharles asks: "Anyone know where to get update on this hearing?"

See:

Judge says she's inclined to reject govt request

By JULIE WATSON
The Associated Press
Monday, October 18, 2010; 6:49 PM

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/18/AR2010101802927.html

Posted by: GoldenEagles | October 18, 2010 7:06 PM | Report abuse

The judge said she would give a ruling by the end of the day, which would be 5pm Pacific time, unless they work until 6pm.

The AP seems to be on top of it. You can just watch the National News Wires update to catch the filing ...

http://www.washingtonpost.com/wp-dyn/content/nation/wires/index.html

Posted by: GoldenEagles | October 18, 2010 7:24 PM | Report abuse

The US military is apparently full of cowards who are scared of gay dudes. US military cowards are also incapable of defeating the rag-tag illiterate Taliban. US military cowards had to sneak out of Iraq in the middle of the night.

The US military is full of cowards, it's no wonder they can't win any wars. But it is perfect that the cowardly US military is headed by Wimp-in-Chief Barack Obama.

Posted by: cambridge-persisitence | October 18, 2010 7:33 PM | Report abuse

cambridge-persisitence says, "The US military is apparently full of cowards who are scared of gay dudes ..."

I think your point needs some clarification.

Is it your belief that the U.S. military should stand up and oppose the invasion of homosexuals into its ranks? Is it your belief that a sign of true courage would be to stand up against the invasion of homosexuals into its ranks? Is it your belief, that because the military is not showing this courage, that this is why they deserve to be called cowards?

Posted by: GoldenEagles | October 18, 2010 7:49 PM | Report abuse

The Israelis have openly gay officers up to a 2-star, and they win wars, unlike the cowardly US military. The entire DADT debate has shown that the US military is staffed by incompetent cowards, which is why they can't win in Afghanistan, or Iraq, or anywhere or anything.

The Pentagon spent over $3 billion discharging 14,000+ gay and lesbian personnel, including battlefield commanders, Arabic specialists, fighter pilots, etc. The cowards at the Pentagon are scared of gay dudes, so there's no way they can ever defeat an actual enemy. The US military are cowards.

Posted by: cambridge-persisitence | October 18, 2010 8:03 PM | Report abuse

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Posted by: oneshopping35 | October 18, 2010 9:47 PM | Report abuse

Oh. I see.

By the way, at one time, before the homosexual agenda began to eat away at the spine of the Israeli defense establishment, it was true, they could win wars.

But that is not so true anymore.

Israel retreated from the Gaza strip, no, they did not stand and fight there, they gave it over to the enemy, which is very much like the homosexual psychology, which surrenders the temple to an alien force intent on destroying the God-Given identity.

And when it came to fighting their foe on their northern border. The last war they were in, they were forced to withdraw, and they left their enemy, Hezbollah, stronger, and more entrenched. What was it? Israel fought for something like 30 days, and then they quit.

And more recently, they face an existential threat in a nuclearized Iran, and what do they do? They sit on their hands. They are not acting to defend their nation from total annihilation. One nuclear weapon on Tel Aviv, well, you can kiss the State of Israel goodbye. Yet, every second they hesitate, Iran buries its nuclear program in deeper and deeper underground tunnels.

Because the homosexual psychology is a study in character weakness, their presence in any organization, including the military, will make the organization weaker. The organization will begin to evidence a lack of will to fight.

I think there are some parallels with the U.S. military, which had to accept (closeted) homosexuals in their ranks since 1993. Contrary to the homosexual propaganda, the presence of homosexuals in the U.S. Military has tended to weaken the organization morally and spiritually overall. When the core of morality and spirituality is compromised, strength cannot be readily expressed in any outer area.

Posted by: GoldenEagles | October 18, 2010 9:51 PM | Report abuse

Mormons like "GoldenEagle" need to be banned from the military. In fact, they should be sent back to Nauvoo to finish the job.

Posted by: cambridge-persisitence | October 18, 2010 10:13 PM | Report abuse

Heterosexual soldiers cannot be forced to sleep, bathe, and dress in front of anyone who could develop a sexual or romantic interest in them. That's why women and men are sex-segregated.

If the judge chooses to decree that the military must build private rooms with baths for each recruit, and that the expense should be added to the national debt, then that would be a bold step forward.

DADT is the compromise that permits gays and lesbians to serve while not depriving other soldiers of their privacy rights.

Everyone has rights.

How could we forget such a basic idea of American life?
----------

Your comments make no sense. Heterosexuals ALREADY bathe, sleep, and dress in front of homosexuals (and not just in the military...ever shower/change at the gym? Lets of gay guys do and none of them are interested in you).

So the idea the all of a sudden it will be a problem is nonsense.

Posted by: B-rod | October 18, 2010 4:51 PM
================
You're cool with men going in bathrooms and showers at schools and in the military right?

I mean guys aren't attracted to every woman either. Thinking women should have their own bathrooms is discrimination.

If you don't think this you are a hypocrite.

Posted by: Cryos | October 18, 2010 10:14 PM | Report abuse

I am the mother of a gay son. I fear for him living in this discriminary country. I fear the reglious zealots who claim that God knows you in the womb, yet when he makes gay children, you call them, GOD's creations, abominations. I thought all life was sacred even gay life. In this world when children are killing themselves because of the way GOD created them our government cannot continue to sanction discrimination on the basis of a 2000 year old book that was written by men who wanted to exert their ideas and control over people through FEAR. This is not the word of God, it is the word of ignorant ancient power hungry men. I have a dream that one day my son will be accepted for the content of his character, his merits as a human, as a man, and that one day, he will have the same rights as other Americans and so will gay Americans fighting and defending the USA. As for me, I am the proud mother of a gay son, and I take it as an assignment from GOD to be his mother. I was chosen especially for this role. As for the person claiming that governments are not allowed to impose their rules on religions...in America...religions are not permitted to impose their religions on the rest of the citizens. You should have freedom of religion and I should not have to have YOURS IMPOSED ON ME.

Posted by: jacquie1 | October 18, 2010 10:51 PM | Report abuse


The practice of putting recruits into barracks where they sleep, bathe, and dress together is done for economic convenience. The military assures everyone's privacy from those who can become sexually or romanically attracted to them by excluding gays and lesbians from service.

Today that exclusion is limited within the don't-ask-don't-tell framwork. Gays and lesbians can serve only if they can keep their sexual orientation private and thereby maintain the presumptively heterosexual facade.

Allowing LGBTs to serve openly will mean that each soldier must have his/her own private sleeping, bathing, and dressing area. Why? Because heterosexuals have rights too. No one can be forced to sleep, bathe, and dress in front of people who could become sexually or romantically attracted to them. Women don't shower with men and vice versa. LGBTs cannot shower with heterosexuals.

LGBTs acting inconsiderately of others is what aggrevates hostility towards them. We don't require that a woman believe or say that all men are rapists in order for her to assert a right to privacy from all men. We should not call heterosexuals homophobes when they assert their privacy rights.

If the judiciary wishes to repeal DADT, then it must require that the military build private sleeping, bathing, and dressing areas for each individual recruit. The judge can decree it. Halliburton can build it. Congress can add it to its deficit.

Everyone has rights. How did we ever forget that to begin with?

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Posted by: itkonlyyou331 | October 19, 2010 8:58 AM | Report abuse

jacquie1 says: “I am the mother of a [homosexual] son. I fear for him living in this discriminary country. I fear the reglious zealots who claim that God knows you in the womb, yet when he makes [homosexual] children, you call them, GOD's creations, abominations.”

It is one of those BIG LIES told by the homosexual rights movement, and one of the main guns in their propaganda onslaught, that God created these individuals as homosexuals. Nothing could be further from the truth.

The homoerotic urge originates in the black heart of a demon which resides on the astral plane. That urge is broadcast into the astral body of the victim. The victim is vulnerable to this attack, because they have not learned to protect their aura with a shield of light. As a lead up to this condition of enslavement, they have moreover heeded many prompts to position themselves in exactly the right place so that this urge can be acted on. And so, it is a series of choices that the individual makes which places them in the position to be attacked in this manner. And when they act on the urge, at that point they are literally hooked, and the demon is in control from that point on. The demon can tug the chain whenever, and the imprisoned individual will feel the pull, and move in that direction.

It can be said, that after that point, they have no choice. And I think there is some truth in this respect, but it is no more than a half truth. In like manner, because of the power used by the demon to enforce the state of slavery, the heroin addict as well says he has no choice to shoot up, and the cocaine addict too says he has no choice to snort a line. But this is the other half of the truth. All of these self-destructive habit patterns are associated with this dark-side manipulation. And once enslaved it takes an enormous effort to gain one’s freedom. How does one resist this enslaving power? The soul must enlist the help of God. That is their only hope. If the soul does not make the effort in the direction of freedom, the soul itself can be destroyed by these forces of darkness, for the demons will drag them further away from God, and further into the shadows of self-destruction. So the effort towards freedom must be made.

When an organization employs a homosexual, and this includes the military, they employ an individual who comes with this demonic task master. And this demonic task master becomes an additional corrupting element in that organization. This is one of the most important reasons why homosexuals should not be allowed to serve in the military. The demonic presence that the homosexual brings with him will degrade the capacity of the military to do its job. Moreover, the individual so enslaved can never rise to his full potential in any line of work, because full potential is a God-Given resource, and the homosexual has been drawn away from the area of God-Given resources.

Posted by: GoldenEagles | October 19, 2010 11:13 AM | Report abuse

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