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Forum Vassal
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I have no comment at this time, however, this should come from congress and the president, not some judge

http://news.yahoo.com/s/ap/20101019/ap_on_go_ca_st_pe/us_gays_in_military_recruiting

WASHINGTON – The Defense Department said Tuesday that it is accepting openly gay recruits, but is warning applicants they might not be allowed to stick around for long.
Following last week's court ruling that struck down a 1993 law banning gays from serving openly, the military has suspended enforcement of the rule known as "don't ask, don't tell." The Justice Department is appealing the decision and has asked the courts for a temporary stay on the ruling.
 

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[quote author=V.B. link=topic=210.msg1177#msg1177 date=1287596844]
I have no comment at this time, however, this should come from congress and the president, not some judge
[/quote]

My mama always said if you cant say anything nice dont say anything at all so i am not gonna say anything at all
 

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Fortunatly or unfortunatly:

Judges are the final authority as to the constitutionality (sp) of laws at all levels. Of course this decision will probable end up in the the surpreme court 2 years from now and the ruling will change, or not. The only ultimate over ride is to re write the law or rule and try again. It is what it is, good, bad or in different.

Being involved with the enforcement of law for the last 30years, I have seen some very strange rulings come out of the courts at all levels. Lots of the times all you can do is shug your shoulders, utter words that are to well used and continue to march.

I like previous posters have no comment on this subject's specific issue.........

8)
 

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Forum Vassal
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Discussion Starter #4
[quote author=cjt50 link=topic=210.msg1183#msg1183 date=1287615364]
Fortunatly or unfortunatly:

Judges are the final authority as to the constitutionality (sp) of laws at all levels.
[/quote]

In this case the judge issued a ruling on a case that was outside the scope of her jurisdiction. The only court that can even come close to ordering the entire military to do something is SCOTUS

Lower courts only have regional authority. They can create a compelling precedent for future arguments, but even lower court federal judge can't make a change in all 50 states, which is exactly what happened, so IMHO, DADT should stand.

The Army shouldn't be so quick to bend over...I don't see the Marines rushing to make policy changes
 

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First off, if you are serving, or have served, and believe that you didn't serve with homosexuals then you are really kidding yourself. As far as I'm concerned it's none of my business as long as they aren't breaking laws and are squared away on duty. Leave your baggage at home and that goes for straight, gay, or whatever you are. That's as far as anything resembling an opinion I have. Like most, I don't set policy, I just have to live with it.

What people are losing sight picture on isn't necessarily the policy but the myriad of things that go along with it. The UCMJ will have to altered, most notably Art. 125 unless it is stipulated they be "non-practicing" but then that opens the door to all sorts of stuff. What about housing? Can the DoD recognize a marriage or union if the state the post resides in does not? Benefits such as Tricare? What about survivor benefits? It is what it is. It's not just as simple as rescinding a policy.
 
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