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	<title>Comments on: Legal challenge to ‘Don’t Ask’ goes to court</title>
	<atom:link href="http://www.washingtonblade.com/2010/07/08/legal-challenge-to-%E2%80%98don%E2%80%99t-ask%E2%80%99-goes-to-court/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.washingtonblade.com/2010/07/08/legal-challenge-to-%e2%80%98don%e2%80%99t-ask%e2%80%99-goes-to-court/</link>
	<description>the gay community&#039;s news source</description>
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		<title>By: SkeeterVT</title>
		<link>http://www.washingtonblade.com/2010/07/08/legal-challenge-to-%e2%80%98don%e2%80%99t-ask%e2%80%99-goes-to-court/#comment-2091</link>
		<dc:creator>SkeeterVT</dc:creator>
		<pubDate>Sun, 11 Jul 2010 16:42:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.washingtonblade.com/?p=9782#comment-2091</guid>
		<description><![CDATA[Frankly, I&#039;m not confident that a legal challenge to &quot;Don&#039;t Ask, Don&#039;t Tell&quot; will be successful.

The courts have long given deference to Congress and the Pentagon when it comes to the internal policies of the U.S. military. The last time a military policy was challenged in court was back in the 1970s, when the Supreme Court rejected a challenge to the all-male military draft that was then in place. Plaintiffs argued unsuccessfully that women as well as men should be drafted and that an all-male draft constituted illegal gender-based discrimination.

The justices ruled unanimously that only Congress had the authority to change the law to require women to serve in the military -- an authority that the lawmakers pointedly refused to exercise. In fact, it wasn&#039;t until 1994 that Congress lifted the ban on women serving in combat roles.

Based on this record, I seriously doubt that the courts will strike down &quot;Don&#039;t Ask, Don&#039;t Tell.&quot; Congress enacted it and only Congress can get rid of it.]]></description>
		<content:encoded><![CDATA[<p>Frankly, I&#8217;m not confident that a legal challenge to &#8220;Don&#8217;t Ask, Don&#8217;t Tell&#8221; will be successful.</p>
<p>The courts have long given deference to Congress and the Pentagon when it comes to the internal policies of the U.S. military. The last time a military policy was challenged in court was back in the 1970s, when the Supreme Court rejected a challenge to the all-male military draft that was then in place. Plaintiffs argued unsuccessfully that women as well as men should be drafted and that an all-male draft constituted illegal gender-based discrimination.</p>
<p>The justices ruled unanimously that only Congress had the authority to change the law to require women to serve in the military &#8212; an authority that the lawmakers pointedly refused to exercise. In fact, it wasn&#8217;t until 1994 that Congress lifted the ban on women serving in combat roles.</p>
<p>Based on this record, I seriously doubt that the courts will strike down &#8220;Don&#8217;t Ask, Don&#8217;t Tell.&#8221; Congress enacted it and only Congress can get rid of it.</p>
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		<title>By: SteveMD2</title>
		<link>http://www.washingtonblade.com/2010/07/08/legal-challenge-to-%e2%80%98don%e2%80%99t-ask%e2%80%99-goes-to-court/#comment-2090</link>
		<dc:creator>SteveMD2</dc:creator>
		<pubDate>Sat, 10 Jul 2010 03:54:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.washingtonblade.com/?p=9782#comment-2090</guid>
		<description><![CDATA[Pr Obama:

You did the right thing w/ McChrystal, re his insubordination, and really giving aid and comfort to our enemies via his statements. Which btw I think also included a gay slur.  I&#039;m sure your last conversation ended with &quot;and I will have your resignation on my desk tomorrow morning, or as your Commander in Chief, I will have you dismissed with loss of all pensions and benefits.

Pls do the same to 1 or 2 of the most recalcitrant general officers re DADT.  And the military brass opposition will melt away.

We have dismissed over 13000 good soldiers, some in terribly needed specialties, including language skills that take years to acquire.

But that only the beginning - we lose about 4000 servicemenbers every year who get tired of living a lie.

And estimates are that at least that many more never sign up because of DADT.

Total that over 17 years, and thats about 150000 lost soldiers. Far more then we have in afghanistan now, those who are often on their 4th - 5th tour of duty.

and for those bigots who ask &quot;how would you like to shaare a foxhole with a gay man, the answer is really &quot;how would you like to not have anyone in your foxhole to watch your back, or let you sleep while he stands guard for you.  Or who kills the enemy soldier who would otherwise kill you.

something our own Talibangelicals could care less about, for with them religious hatred rules.

Hardly any different then those with whom we are at war]]></description>
		<content:encoded><![CDATA[<p>Pr Obama:</p>
<p>You did the right thing w/ McChrystal, re his insubordination, and really giving aid and comfort to our enemies via his statements. Which btw I think also included a gay slur.  I&#8217;m sure your last conversation ended with &#8220;and I will have your resignation on my desk tomorrow morning, or as your Commander in Chief, I will have you dismissed with loss of all pensions and benefits.</p>
<p>Pls do the same to 1 or 2 of the most recalcitrant general officers re DADT.  And the military brass opposition will melt away.</p>
<p>We have dismissed over 13000 good soldiers, some in terribly needed specialties, including language skills that take years to acquire.</p>
<p>But that only the beginning &#8211; we lose about 4000 servicemenbers every year who get tired of living a lie.</p>
<p>And estimates are that at least that many more never sign up because of DADT.</p>
<p>Total that over 17 years, and thats about 150000 lost soldiers. Far more then we have in afghanistan now, those who are often on their 4th &#8211; 5th tour of duty.</p>
<p>and for those bigots who ask &#8220;how would you like to shaare a foxhole with a gay man, the answer is really &#8220;how would you like to not have anyone in your foxhole to watch your back, or let you sleep while he stands guard for you.  Or who kills the enemy soldier who would otherwise kill you.</p>
<p>something our own Talibangelicals could care less about, for with them religious hatred rules.</p>
<p>Hardly any different then those with whom we are at war</p>
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		<title>By: Michael @ LeonardMatlovich.com</title>
		<link>http://www.washingtonblade.com/2010/07/08/legal-challenge-to-%e2%80%98don%e2%80%99t-ask%e2%80%99-goes-to-court/#comment-2089</link>
		<dc:creator>Michael @ LeonardMatlovich.com</dc:creator>
		<pubDate>Fri, 09 Jul 2010 20:27:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.washingtonblade.com/?p=9782#comment-2089</guid>
		<description><![CDATA[1. One of the many ways, more fitting to dirty politics than the law, that the Obama Department of &quot;Justice&quot; has attempted over the last year and a half to derail the case was an attempt to have co-plaintiff &quot;John Doe&quot; removed, insisting that since he was still active duty, serving in Iraq, he couldn&#039;t &quot;claim&quot; that DADT affected him.

2. &quot;The Log Cabin Republicans offered to drop their case if the government would agree to stop discharging homosexual service members until after Congress resolves the question. The government declined, and without a firm timetable in Washington, the group is intent on pushing forward in court, [LCR attorney Dan] Woods said.&quot; - Riverside, California, &quot;Press-Enterprise.&quot;

3. More than a year and a half after the latest interim ruling by the 9th Circuit in the Witt case, the Obama Administration is still refusing to apply in the many states within the circuit its standards regarding that they prove exactly how any individual gay servicemember recommended for discharge hurts the military rather than the blanket &quot;by definiton&quot; standard. Among those denied application of the ruling was LT COL Victor Fehrenbach, stationed in Idaho.]]></description>
		<content:encoded><![CDATA[<p>1. One of the many ways, more fitting to dirty politics than the law, that the Obama Department of &#8220;Justice&#8221; has attempted over the last year and a half to derail the case was an attempt to have co-plaintiff &#8220;John Doe&#8221; removed, insisting that since he was still active duty, serving in Iraq, he couldn&#8217;t &#8220;claim&#8221; that DADT affected him.</p>
<p>2. &#8220;The Log Cabin Republicans offered to drop their case if the government would agree to stop discharging homosexual service members until after Congress resolves the question. The government declined, and without a firm timetable in Washington, the group is intent on pushing forward in court, [LCR attorney Dan] Woods said.&#8221; &#8211; Riverside, California, &#8220;Press-Enterprise.&#8221;</p>
<p>3. More than a year and a half after the latest interim ruling by the 9th Circuit in the Witt case, the Obama Administration is still refusing to apply in the many states within the circuit its standards regarding that they prove exactly how any individual gay servicemember recommended for discharge hurts the military rather than the blanket &#8220;by definiton&#8221; standard. Among those denied application of the ruling was LT COL Victor Fehrenbach, stationed in Idaho.</p>
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