Court Orders Immediate Halt To Gay Military Ban

SAN FRANCISCO (AP) — A federal appeals court ordered the U.S. government on Wednesday to immediately cease enforcing the longstanding ban on openly gay members of the military.

   In a brief two-page order, a three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said the “don’t ask, don’t tell” policy must be lifted now that the Obama administration has concluded it’s unconstitutional to treat gay Americans differently under the law.

   The ruling was the latest legal development in the effort by gay rights supporters to end the policy. It came in response to a motion brought by Log Cabin Republicans, a group for gay GOP members, which last year persuaded a lower court judge to declare the ban unconstitutional.

   After the government appealed U.S. District Judge Virginia Phillips’ decision, the 9th Circuit agreed to keep the policy in place until it could consider the matter. The appeals court reversed itself with Wednesday’s order by lifting its hold on Phillips’ decision.

   “The circumstances and balance of hardships have changed, and (the government) can no longer satisfy the demanding standard for issuance of a stay,” the panel said.

   The appeals court noted that Congress repealed the policy in December and that the Pentagon is preparing to certify that it is ready to welcome gay military personnel. It was not immediately clear what effect the court’s ruling would have on the timeline for eliminating the ban.

   Dan Woods, the lawyer representing Log Cabin Republicans, said that unless the administration appeals the order to the U.S. Supreme Court, “don’t ask, don’t tell is over.”

   He cautioned gay servicemembers against rushing to declare their sexual orientations until the government declares that it intends to abide by the ruling.

   The Pentagon has been moving carefully to implement the repeal of the 17-year-old ban on openly gay troops. Under the law passed and signed by the president in December, final implementation would go into effect 60 days after the president and his senior defense advisers certify that lifting the ban won’t hurt troops’ ability to fight.

   (Copyright 2011 by The Associated Press.  All Rights Reserved.)

Comments

One Comment

  1. NetAmigo says:

    Great!!!!!!!!!!!!!!!!!

  2. emmett downs says:

    The Substance of this issue is the substance issued. Do you realy think it should issued inside anothe man?

  3. Roll Guy says:

    This bunch of libturds on the 9th circuit are so far left it is even obvious to California residents, who are bent over also. Nothing much is upheld from this bench when reviewed by another higher court. This ruling will be ignored or overruled ASAP.

    1. Henry says:

      Yeah, I agree. the government should actually close the 9th U.S. Circuit Court and stop wasting our tax $ on useless rulings the MAJORITY of us DON’T WANT!

      1. Ron says:

        yes the people all the people need to vote on this issue. as a vet of US Armed forces. and a tax payer for more than 45 years

      2. Ke says:

        But Henry, it isn’t about what YOU want, it is about what is equitable.

      3. Reality says:

        Henry writes: “Yeah, I agree. the government should actually close the 9th U.S. Circuit Court and stop wasting our tax $ on useless rulings the MAJORITY of us DON’T WANT!”

        Here’s a typical uneducated American who can’t understand what this country was founded upon. The intention of the Founding Fathers was to create a country where we don’t allow the MAJORITY to trump the freedoms of the minority.

        If we let the majority rule in America, this is what we would enjoy:

        — Christianity would be the only official religion.

        — White people wouldn’t need to show proof of citizenship, but people of color (particularly Mexicans and Middle Eastern Americans) would need to carry their papers everywhere and present them to police immediately upon request.

        — English would be the only official language.

        — Gays would not be afforded equal rights.

        — All abortion would be outlawed.

        — The “war on drugs” would be expanded.

        — We have even more people in jail than what we already have as they’d want to over-prosecute everything.

        — Evolution would be replaced in schools with either “Creation Theory” or “Intelligent Design.”

        Etc, etc, etc.

        Thankfully, we don’t let the majority rule.

        Cheers!

    2. K says:

      If my gay tax dollars are paying for the armed service men and women’s salaries, I want my gay tax dollars to be able to pay for homosexuals salaries as well as heterosexual salaries. If you are scared of getting undressed in front of a gay man, you probably aren’t really in the position to be protecting our country! Scared? Hmmm, I have no confidence in you.

  4. Squeaky Wheel get the grease says:

    Point. People who are gay joined the military knowing it was not allowed and that there was the risk of being discharged. So, you know it is prohibited, you do it anyway and when you get caught, you complain. Since the gay agenda is being forced upon us, our children, our institutions I have become totally against it. I do not like things forced upon me or my family. This is a lifestyle CHOICE, not a right. Given my upbringing about marriage, my religious upbringing, and the fact that 10 percent of the total population wants everything changed to accommodate their lifestyle, I will now never condone or except this gay lifestyle. I am sorry this is not about civil rights, race, religion or national origin,

    1. Brenda says:

      Yes, and that is exactly what they want to do: shove it down our throats to make everyone accept their sick, twisted minded, perverted ways as NORMAL. Not only that. Their agenda is to have this ABNORMAL behavior taught at schools throughout the country as NORMAL! SICK, VERY VERY SICK!

      1. Reality says:

        Brenda writes: “Yes, and that is exactly what they want to do: shove it down our throats to make everyone accept their sick, twisted minded, perverted ways as NORMAL. Not only that. Their agenda is to have this ABNORMAL behavior taught at schools throughout the country as NORMAL! SICK, VERY VERY SICK!”

        LMAO!!!

        The APA and DSM state that hom-osexuality is NORMAL. In fact, they have said it is normal for more than 35 years which goes to illustrate how behind the times your perspective truly is. The irony here is since you choose not to believe it is normal, that is actually a delusion which is ABNORMAL and is a mental illness. Congrats on that.

        What’s it like living in the stone age? Say hi to Barney, Betty, Fred and Wilma for me.

        Cheers!

    2. Straight Agnostic says:

      Ooooh… SO terrible to have other’s lives “forced upon” you. I don’t like that you force your religion on me every day… The money I spend, modifying the pledge of allegiance, hell – your god is even in our court rooms – where it doesn’t belong. I always find it interesting that those who are so happy to force their views on others aren’t ok with a group of people who just want the same rights afforded to others. Must be nice to be able to look down from that oh-so-high-horse of yours there, Squeaky.

      1. Jeff says:

        you say it doesnt belong there, but our founding fathers thought otherwise. Our religion isnt forced upon you any more than your religion of NON-RELIGION is forced upon us. One day in the future you too will believe. He will be undeniable!!

      2. Chas Burnett says:

        Brilliant!!!!1

        Since the laws of almost all the countries in the world are based on the Ten Commandments, I guess you think they are no good??

        Think religion is forced on you here?? You crybaby – go live in Egypt, Iran, Malaysia, etc.,etc…

      3. Jim says:

        Gays are in the minority. Of course religious self-righteous zealots want the vote to go to the people. Then being gay would always be unaccepted, they would have none of the rights afforded to the bible thumpers, they would always have to run and hide the fact that somebody’s deity made them that way. That’s right..you heard me. Condemned in the international story book of fairy tales and absurdities but put here nonetheless, same as the rest of us to live their lives their way and have the same freedoms we veterans have provided everyone. Not just a chosen few. Get off your high horses and stop preaching about how perfect your beliefs are and being so critical of everyone else. This kind of lunacy is exactly why I am unaffiliated with organized religion. It’s more corrupt than the worst court system in any part of the country. Gays are in the minority. Of course religious self-righteous zealots want the vote to go to the people. Then being gay would always be unaccepted, they would have none of the rights afforded to the bible thumpers, they would always have to run and hide the fact that somebody’s deity made them that way. That’s right..you heard me. Condemned in the international story book of fairy tales and absurdities but put here nonetheless, same as the rest of us to live their lives their way and have the same freedoms we veterans have provided everyone. Not just a chosen few. Get off your high horses and stop preaching about how perfect your beliefs are and being so critical of everyone else. This kind of lunacy is exactly why I am unaffiliated with organized religion. it’s more corrupt than the worst court system in any part of the country. Gays are in the minority. Of course religious self-righteous zealots want the vote to go to the people. Then being gay would always be unaccepted, they would have none of the rights afforded to the bible thumpers, they would always have to run and hide the fact that somebody’s deity made them that way. That’s right..you heard me. Condemned in the international story book of fairy tales and absurdities but put here nonetheless, same as the rest of us to live their lives their way and have the same freedoms we veterans have provided everyone. Not just a chosen few. Get off your high horses and stop preaching about how perfect your beliefs are and being so critical of everyone else. This kind of lunacy is exactly why I am unaffiliated with organized religion. it’s more corrupt than the worst court system in any part of the country.

      4. Reality says:

        Jeff writes: “you say it doesnt belong there, but our founding fathers thought otherwise.”

        LMAO… another ignorant American.

        Do you know who Congressman Ellison is from Minnesota? Several years ago, he got sworn into office with a Qur’an. Do you know where they got the Qur’an from? It was owned by the great Thomas Jefferson himself because the Founding Fathers believed in religious freedom. They’d be appalled by xenophobic simpletons like yourself who think there is one single religion that this country was founded upon.

        Thomas Jefferson was one of the most brilliant men to ever set foot on this planet. He was a polymath He owned a Qur’an because he was EDUCATED and believed in religious freedom. He and many other of the Founding Fathers were Deists.

        Do you know why we have separation of Church and State? It stems from a letter written by Jefferson himself.

        As for this ridiculous notion that we were founded to be a Christian country, that can be proven to be false via the Constitution itself.

        The Constitution of the United States SPECIFICALLY PROHIBITS the linking of an individual’s ability to publicly serve with their religious affiliation. In fact, to quote Section 6 of the Constitution: “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but NO RELIGIOUS TEST SHALL EVER BE REQUIRED as a Qualification to any Office or public Trust under the United States.”

        In fact, here is the actual handwriting:
        http://www.archives.gov/national-archives-experience/charters/constitution_zoom_1.html

        If the Founding Fathers had really wanted this to be a Christian country, then that verbiage CLEARLY wouldn’t have been included. Moreover, they didn’t make Christianity the official religion of the United States. If they wanted this to be a Christian country, then surely they would have done that.

        Back in the late 1700′s, the fact that the Framers went out of their way to ensure that there WAS NOT a national religion was extremely radical by the standards of the time. They did so specifically because they DID NOT WANT a national religion like England had.

        In fact, in our ENTIRE Constitution, it NEVER mentions the words “God,” “Jesus,” “Christian,” “Bible,” etc. That’s pretty odd for people who wanted this country to be Christian as you erroneously and ignorantly claim. Moreover, the only time it mentions the concept of religion whatsoever is in EXCLUSIONARY terms such as the item referenced above. They did NOT want religion involved.

        Moreover, in 1797, the United States signed the Treaty of Tripoli. John Adams was the President at the time. John Adams along with Thomas Jefferson were two of the most influential and important Founding Fathers (and perhaps THE most important). In this treaty that Adams submitted to Congress and signed, it states explicitly:

        “THE GOVERNMENT OF THE UNITED STATES OF AMERICA IS NOT, IN ANY SENSE, FOUNDED ON THE CHRISTIAN RELIGION.”

        Can it be any more explicitly blatant?

        You are completely brainwashed by your 2K year old book and the people in your church. You have no idea of what you are talking about. Congrats on that.

        Cheers!

      5. Reality says:

        Chas Burnett writes: “Brilliant!!!!1”

        Chas… you and the word “brilliant” should never exist in the same sentence.

        ———

        “Since the laws of almost all the countries in the world are based on the Ten Commandments, I guess you think they are no good??”

        LOL…. God obviously thought it was worse to covet your neighbor’s possessions than to be gay according to the 10 Commandments.

        The 10 Commandments are COMMON SENSE items and that is why we have countries formulating similar laws. They aren’t “based” on the 10 Commandments knob.

        ———–

        “Think religion is forced on you here?? You crybaby – go live in Egypt, Iran, Malaysia, etc.,etc…”

        When you come to the realization that if you were born in Iran that you would have the EXACT same zeal for Muhammad and Allah that you do for Jesus and God, then that will be a big awakening for you. If you were born in India, you’d have the same zeal for Vishnu, Shiva and Brahma that have for Jesus/God. If you were born in Tibet, you would have the same zeal for Buddha that you have for Jesus/God. So what does that say about the book Christians worship (when they wouldn’t have worshiped it based solely on geographic location of birth and religion of their parents)?

        Studies have been done in terms of religious beliefs and IQ. Atheists had the highest IQ’s, followed by agnostics, followed by people who have medium religious beliefs, followed by the devout hardcore believers coming in dead last. Thus, the more you believe, the lower your IQ. Therefore, God created his believers as the least intelligent segment of society. Classic! Thanks for helping to support those findings.

        Cheers!

    3. K.Garcia says:

      Amen Squeaky! I myself DO NOT care who is straight or gay. In the military you do as your told and get through your day. Just DO the job YOU signed up for. This has all gotten blown way out of proportion. If you do not like the rules DONT play the game. SIMPLE!
      Straight Agnostic, really?? Everything you seem not to like is all over this country that you live in. As a US solider those are all things I fight for. Your pledge of allegiance comment, shame on you. If you dont like what this country has in it. GET out. SIMPLE!

      1. Fred says:

        Well put

      2. Reality says:

        K.Garcia writes: “Straight Agnostic, really?? Everything you seem not to like is all over this country that you live in. As a US solider those are all things I fight for. Your pledge of allegiance comment, shame on you. If you dont like what this country has in it. GET out. SIMPLE!”

        K Garcia:

        #1) First off, thank you for your service to our country.

        #2) As a soldier, you should realize that you are fighting for FREEDOM. That includes some freedoms that you may personally not agree with. You are fighting for the freedom for Straight Agnostic to express his views. For you to tell him to “get out” because it is something that you don’t agree with just goes to show that you don’t really fully understand the ideals for which you are fighting for.

        As I wrote elsewhere to someone else:

        We live in a country where ALL men are created equal, not just “straight men.” The irony is that these soldiers are fighting for the American way of life, yet are too daft to realize that way of life includes treating all people as equals. The exact same thing is true with flag burning where soldiers get upset at the act and say that they risk their lives for that flag and all the freedoms that it stands for, yet are too ignorant to understand that a citizen’s RIGHT to burn that flag is the ultimate freedom of expression. I never plan on burning an American flag (and I proudly fly the flag in front of my house every day and take it down every night), but I want the right to do so if I ever feel my government has become so rancid that I wish to express myself in such a manner. We should protect our rights at all cost and never give them up regardless if we think we ever use them or not.

        Cheers!

  5. Brenda says:

    Now, don’t y’all get me wrong. I don’t care if they want to be sodomites, that’s their choice. But don’t come and try to shove down my throat to accept them as NORMAL. They are SICK.

    1. Gay says:

      You are so misguided in life Brenda. I am gay, and I am NOT a sodomite. You are much more likely to be than I ever will be. Don’t show YOUR bedroom preoccupation down MY throat. You don’t know what goes on in my bedroom, so stop assuming. If you stopped worrying about what we do, perhaps you would be a nicer person. Is your sex life that boring that you want to focus on mine?

      1. Reality says:

        Brenda has a stick so far up her rear that qualifies her as a sodomite by default. LOL

  6. Jeff says:

    It is not the judicial branch of governments job to order anything. Their purpose is to determine the legality of any law as it pertains to the constitution. It is congress that is charged with the ordering of actions. Another attempt to legislate from the bench.

  7. Barney Rubble says:

    You religious freaks make me sick!

    1. Chas Burnett says:

      And you are a fictional caveman???

      1. Barney Rubble says:

        YEP! …but I’m not a religious freak running on blind faith. and I have a hot cave woman too.

  8. JOSHUA ACREE says:

    OMG, IS THIS NOT AMERICA? THIS IS A PLACE WHERE WE HAVE THE FREEDOM AND THE RIGHT FOR PEOPLE TO BE OPENLY GAY IF THEY WANT TO BE. WAKE UP AMERICA, THIS IS A NEW AGE, AND THIS WILL BE A NORMAL THING IN THE FUTURE IF NOT TODAY, OR TOMORROW BUT SOMEDAY IN MY FUTURE THAT GAYS WILL BE LOOKED UPON AS THE HUMANS THAT THEY ARE AND NOT WHAT HAPPENS BEHIND CLOSED DOORS BETWEEN 2 CONSENSUAL ADULTS. SO THE PEOPLE HERE ON THIS SITE THAT SOUND SO DAM IGNORANT YOU ARE THE PEOPLE WITH PROBLEMS, YOU ARE THE PEOPLE WHO SOUND LIKE IDIOTS, AND I WOULD NEVER LET MY KIDS NEAR YOU. YOU SOUND JUST LIKE THE PARENTS DURING THE 60’S WITH INTEGRATION OF THE AFRICAN AMERICAN IN THE SCHOOL SYSTEM, SO YOU SAY ALL THE NEGATIVE REMARKS NOW, BUT I PROMISE YOU THAT BY THE TIME MY LIFE IS OVER HOMOSEXUALS WILL BE LOOKED AT AS PEOPLE FIGHTING FOR THEIR COUNTRY, AND THAT MAKES ME DAMN PROUD TO BE AN AMERICAN.

    1. Chas Burnett says:

      “YOU ARE THE PEOPLE WHO SOUND LIKE IDIOTS”

      Yeah, sure….guess that’s why you have to type in all caps and call everyone else names.

      The homosexual comunity is one of the least tolerant. They have the idea they can disrepect anything they want, but noone can disrespect them. The “Gay Pride’ parade proves that everytime.

      Of course a ruling out of San Francisco that is pro-homosexual cannot tbe construed as being biased, now, can it?? LOL

      1. Brenda says:

        Have you ever visited S.F. Chas? You are a bigot and have no concept of what is fair and not.

    2. andy says:

      Amen brother!…wait, did I say amen? I meant way ta go!

    3. Reality says:

      Well said Joshua… kudos!

  9. betty says:

    Trying to have a conversation with a religious fanatic is like trying to swim upstream. You get nowhere fast. Talk about close-minded.

  10. Marty says:

    I don’t think any American should be a second class citizen. You are who you are. You were born that way. Religion and politics are fine when separate, but they’re a bad combination. Especially if it leads to discrimination. Discrimination and hatred are un-American. Whatever happened to “All men are created equal?” This is 2011, not 1955.

    Most Americans actually want DADT repealed. But there are those who are so far to the right that they want LGBT people banned from the military altogether. Or even stripped of their citizenship, or even worse, make homosexuality a capital offense. That’s what they do in Uganda. Let’s just get DADT repealed and focus on what’s more important: getting our economy out of the toilet. Move forward. Not back.

    1. Frued says:

      First truly educated comment I’ve read here. Homosexuals are not gay because they want to be. They make the announcement that they are gay when they come to terms with the reality of their hormonal and genetic makeup. If any of you understood research and the physiological differences between straight people and gay people you would realize that we are all born the way we are with a predisposition to be a certain way and we are somewhat influenced by our surroundings throughout the developmental process. Religious people have no right to force their views on non-affiliated people and vice versa. When gays rally and go to court and ask to be accepted into the military and ask that students be informed about the lifestyle, they aren’t cramming anything down anybody’s throat. They are only asking to be accepted for who they are and asking to be allowed to be a part of a dysfunctional society the rest of us belong to. The same way we all attempt to accept snake throwing, bible-waving close minded people who judge those of us who aren’t like them. I cannot stand organized religion because it breeds poison and corruption and wears the face of your grandmother who never cracked a dirty joke in her life but dipped snuff while doing laundry. Wake up people! Times change. People change. Attitudes change and if you want to stay 50 years in the past with your petticoats and paranoias then feel free. The rest of us are adapting and moving forward, accepting new ways of life and learning to deal with the self-righteousness of those who live in a fairy tale world where everything is perfect. My Master’s is in Psychology and I’m not pulling this stuff out of my back side. Do some research and get your facts straight before you start typing. It’ll keep you from appearing ignorant.

      1. A Vet says:

        When I’m in combat I nedd to know my fellow soldiers have my back, not my a$$

      2. Reality says:

        A Vet writes: “When I’m in combat I nedd to know my fellow soldiers have my back, not my a$$”

        And other soldiers need to know that you aren’t a bigoted, cowardly, xenophobe who is afraid of a gay man. The fact that you are afraid of them is a potential indicator that you are compensating for a lack of confidence in your own sexuality. Congrats.

        Cheers!

    2. Reality says:

      Kudos Marty!

  11. PJay says:

    Gays were born that way. So were pedophiles. Maybe we should embrace pedophiles too. It will be argued in 20 years by the pedophile activists, that due to the “information age”, some children are more mature and ready to handle sex. See where this is going. Gays, like pedophiles are sick and perverted. If they must be in the armed forces they should be confined to interior decorating the barracks.

    1. Reality says:

      PJay: “Gays were born that way. So were pedophiles. Maybe we should embrace pedophiles too.”

      You are such a simpleton. White people were born that way. Black people were born that way. Autistic children were born that way. Some handicapped people were born that way. Etc, etc, etc. Your point is moot.

      Moreover, gay mammals (including all of those with the utmost brain power in the animal kingdom) have hom-osexual members. Why? Because it is NATURAL. How many cetacean pedophiles are there? Yep, that’s what I thought.

      ——–

      “It will be argued in 20 years by the pedophile activists, that due to the “information age”, some children are more mature and ready to handle sex.”

      You can get legally married in certain places in the US at age 12. So religious nuts who don’t want abortion and can’t handle a female having a child and not being married allow them to get married when they are still children.

      ———-

      “See where this is going.”

      Yes… the wrong direction for you.

      ——–

      “Gays, like pedophiles are sick and perverted.”

      The APA and DSM state that hom-osexuality is NORMAL. In fact, they have said it is normal for more than 35 years which goes to illustrate how behind the times your perspective truly is. The irony here is since you choose not to believe it is normal, that is actually a delusion which is ABNORMAL and is a mental illness as defined by the DSM IV. Congrats on that.

      ———

      “If they must be in the armed forces they should be confined to interior decorating the barracks.”

      There are plenty of gay athletes (rugby players, bodybuilders, martial artists, hockey players, etc) that would have no problem giving you a whooping.

      If you had to be in the armed forces, you should be confined to being tied down to the front of a tank to protect the tank’s paint job from enemy machine gun fire.

      Cheers!

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