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Judge rules "don't ask, don't tell" policy violated constitutional rights of Air Force nurse

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n2doc Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-24-10 06:40 PM
Original message
Judge rules "don't ask, don't tell" policy violated constitutional rights of Air Force nurse

September 24, 2010 | 3:34 pm
The U.S. militarys dont ask, dont tell policy on gays violated the constitutional rights of a decorated Air Force reserve flight nurse when it compelled her discharge, a federal judge in Washington state said Friday in ordering the military to reinstate Maj. Margaret Witt.

The order by U.S. District Judge Ronald B. Leighton in Tacoma applied only to Witts challenge of her 2006 discharge, but the judge noted in his ruling that decisions about whether homosexuality in the armed forces impeded legitimate military objectives had to be decided on a case-by-case basis, not a blanket policy.

Leighton cited Witts exemplary career and performance evaluations as evidence that the Air Force was unharmed by her sexual orientation and also noted reports from her former colleagues that it was her dismissal that proved disruptive of unit cohesion and morale.

The evidence produced at trial overwhelmingly supports the conclusion that the suspension and discharge of Margaret Witt did not significantly further the important government interest in advancing unit morale and cohesion, Leighton said.

The men and women of the United States military have over the years demonstrated the ability to accept diverse peoples into their ranks and to treat them with the respect necessary to accomplish the mission, whatever that mission might be, he added.

http://latimesblogs.latimes.com/lanow/2010/09/judge-rul...

bit by bit, chipping away...
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Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-24-10 06:46 PM
Response to Original message
1. K&R!
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MineralMan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-24-10 06:50 PM
Response to Original message
2. The only permanent end to DADT and it's like
Edited on Fri Sep-24-10 06:50 PM by MineralMan
is going to be through the courts declaring such policies to be unconstitutional and an infringement of equal treatment under the law. Repealed laws can be passed again. Executive orders only last until the next President of the Republican party rescinds them. The solution is consitutional, and that's going to require federal court action. Until then, it will not be a permanent solution to the injustice.
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sarge43 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-24-10 07:20 PM
Response to Original message
3. Don't piss off the Air Force NC.
It was an AF nurse back in the early 70's who took the automatic pregnancy discharge reg to the Supremes and got it shit canned.

:patriot: ma'am and thank you. Ditto for Judge Leighton.
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MadMaddie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-24-10 08:16 PM
Response to Original message
4. I know that people are pissed and feel that President Obama
has not taken the lead on this..

Let's remember he is a lawyer and I honestly believe he has been waiting for these cases to get to the courts. Once the courts make these decision then he can put his full weight behind eliminating these bad laws.

Let's say by chance the Republicans come back into power and he made a signing statement it could be eliminated by the flip of a signature.

That's my theory.

By the way this Judge was a put in place by a Repug president.
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Cherchez la Femme Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-25-10 12:23 PM
Response to Original message
5. K & R, but
the Rec counter is at, with my vote included, just 10?

Where are all our DU Compadres? Hmmm? AWOL?
Or fingers happen to be broken?

Sorry, I just got told by a bot
how joyful I should be at the scraps the Pres. has thrown to my community
that I didn't know what I was talking about regarding future legislation that will impact my life, not theirs.

Yes, this was my first, I've seen it happen but never had it happen to myself yet


I gotta go get talked down...
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