As expected, a federal appeals court has issued a stay in regards to DADT.
A federal appeals court on Wednesday temporarily granted the U.S. government’s request for a freeze on a judge’s order requiring the military to allow openly gay troops.
A three-judge panel of the 9th U.S. Circuit Court of Appeals instructed lawyers for the gay rights group that brought the lawsuit successfully challenging the “don’t ask, don’t tell” policy to file arguments in response by Monday.
This isn’t the worst setback in the world. It’s merely a matter of time before equality is granted to all U.S. citizens wishing to serve in the military. We’ll be a safer nation for it.
Filed under: News, Rights | Tagged: Don't Ask Don't Tell, Gays, Rights |
For the Sake of Science 
Equality is an aim in itself, but how do we become a safer nation?
We won’t be discharging the capable service members who are needed while Obama (very slowly) cleans up the Bush Wars.
I too wonder how this would have any effect on safety. That’s an impossible case to make.
If the military was having trouble with recruiting than one could make this case but its rare that a recruiting goal is missed these days. They discharge people for getting certain tattoos and tattoos in certain places such as the neck face and hands as well. You give up rights to join the military, certain rights to freedom of speech and expression for example.
Its very interesting. I spent this morning reading some of the court documents from this case. Here is the most interesting thing I found:
The Log Cabin Republicans may not even have had standing to file this lawsuit in the first place. Of the two members they purport to represent one was not a member at the time of the filing and one is anonymous and thus certainly does not have standing. Under previous court rulings and statutes one must have standing for the entire time of litigation. As the Log Cabin Republicans can’t claim injury as an organization in this case, one must come to the conclusion that they lacked standing to sue in the first place.
On its face the suit should be dismissed right there. My prediction is the court will make that finding and allow congress to make the decision based on that lack of standing.
It goes a bit further however.
The government claims on appeal that an end to the ban would require planning and training (some kind of sensitivity training I presume) to lessen the chance that military readiness is effected by repeal. That’s a sound argument. Its safe to assume that gays could face discrimination even after repeal without preparation to minimize that.
The fact that the DoD immediately issued guidance to accept homosexuals shouldn’t make a difference. The military makes every effort to follow the law regardless of its effects.
Lastly the supreme court has determined that circuit courts can’t issue rulings that would preclude sister circuits from taking up the issue themselves. That is that circuits only have jurisdiction over themselves.