Military ban on gay service declared unconstitutional

[Xsyne]

More autocratic government by the courts under the premise of "constitutionality"; despite the fact that such decisions basically amount to the Court rewriting the Constitution to suit its views. There is absolutely nothing in the Constitution that could possibly be construed as giving gays an unalienable right to serve openly in the military.

Never heard of the 14th Amendment, have you.

[Zephie]

Given that the remark was made in context of ways to avoid being drafted, I'm pretty sure it was in reference to women not having to sign up for the draft. Just call it a hunch.

Well he was speaking in present tense, and the draft was abolished by Nixon, so. . . .

The SSS isn't abolished, it still exists.

[Cobhanglica]

More autocratic government by the courts under the premise of "constitutionality"; despite the fact that such decisions basically amount to the Court rewriting the Constitution to suit its views. There is absolutely nothing in the Constitution that could possibly be construed as giving gays an unalienable right to serve openly in the military.

I fail to see how this entire thing is a problem. Nowhere in the Bible does it say homosexuals can't serve in the armed forces, so the Religious Right has no real argument. Some homosexuals that were "outted" and discharged from the service were darn good soldiers (see greed and death's) post. This ruling isn't forcing gays to out themselves to join the military. We need more recruits. What is a drawback to this ruling? I can honestly not think of one.

How about the fact that there is nothing in the Constitution to actually justify it? Or the numerous arguments from actual members of the military that the presence of open homosexuals has the potential to disrupt unit cohesion and degrade the overall effectiveness of our forces.

[The Parkus Empire]

What? Nobody wants to hear that shit.

Or did you detect a double entendre?

Most soldiers I know spend about 25%-50% of their conversation talking about their sex life--probably fictionalizing a good deal of it. We do like to talk about our sex lives, so I guess we are all these "nobodies" you speak of.

[Peddieville]

This is horrible. Now one of the few loopholes for dodging a potential draft is closed.

You could always get a sex change, the Government doesn't consider women competent enough for combat yet.

Eh, just because there's a bunch of feminazis running around, doesn't mean the rest of the women should be punished. I believe it's the responsibility of men to protect the women and children.

And why can't women protect men?

If you're a woman and want to be drafted, be my guest.

But why should I, as a man, have to put my life on the line, but if I were a woman, I need not? It seems like discrimination to me, although it's all kind of moot since a draft is politically unfeasible.

[Holy Paradise]

What? Nobody wants to hear that shit.

Or did you detect a double entendre?

Most soldiers I know spend about 25%-50% of their conversation talking about their sex life--probably fictionalizing a good deal of it. We do like to talk about our sex lives, so I guess we are all these "nobodies" you speak of.

Indeed. What the hell would one expect from a bunch of 18 to 20 somethings?

[Liuzzo]

I'm getting damn tired of these overactive courts using far more authority than they should have acquired. The very concept of judicial review should be reevaluated Constitutionally and edited so that Courts will not have the authority to make decisions like this. The Courts are becoming as though a legislature of their own. All they have to do is scream "unconstitutional" and they can enforce whatever they please.

Umm, have you read the document? You would almost think that the Constitution set up the judicial branch as an equal 3rd party is a system of checks and balances on the legislative and the executive. I mean GOD!!!!!!! There job is to get ob their knees and suck the cock of the other branches and say "thank you sir may I have another." If your job is to wash shit off the sidewalk that's what you do. Their job is to interpret law. Yeah, fuck them for doing their job.

[The Parkus Empire]

How about the fact that there is nothing in the Constitution to actually justify it? Or the numerous arguments from actual members of the military that the presence of open homosexuals has the potential to disrupt unit cohesion and degrade the overall effectiveness of our forces.

They don't explain how it does, and considering it hasn't affected our allies militaries--all of which allow gays to be open and serve with U.S. troops in combat--makes me inclined to think that such servicemen are just homophobes.

[Geniasis]

Indeed. What the hell would one expect from a bunch of 18 to 20 somethings?

Celibacy is cool!

[SaintB]

More autocratic government by the courts under the premise of "constitutionality"; despite the fact that such decisions basically amount to the Court rewriting the Constitution to suit its views. There is absolutely nothing in the Constitution that could possibly be construed as giving gays an unalienable right to serve openly in the military.

First amendment, 14th amendment, and if you give me time to do some homework I could prolly come up with a few more. Have you even studied the thing?

[Greater Americania]

DADT is punishing people for free expression - it's contrary to the 1st Amendment. That's even ignoring questions about which other Constitutional articles are infringed.

It's hardly activism.

Your rights to free expression are limited when you join the military. For example, you can't stage a protest when ordered by your commanding officer to fall in. In the same way, you can't present yourself as a homosexual if your military branch orders you not to. The Constitution is such an ambiguous document, but what is sure is that 'gay rights' wasn't on the minds of the people who wrote the First Amendment in the late 18th century.

[The Parkus Empire]

Indeed. What the hell would one expect from a bunch of 18 to 20 somethings?

Next thing he'll be asking is that NSG'ers stop talking about their sex lives.

[Potarius]

but if I were a women

Would that mean you'd have two or more vaginae?

[Exilia and Colonies]

Or the numerous arguments from actual members of the military that the presence of open homosexuals has the potential to disrupt unit cohesion and degrade the overall effectiveness of our forces.

I'm sure you'll be able to cite cases of this occuring in the many militaries which do support open gay service then. Don't worry, I'll wait.

[Geniasis]

Your rights to free expression are limited when you join the military. For example, you can't stage a protest when ordered by your commanding officer to fall in. In the same way, you can't present yourself as a homosexual if your military branch orders you not to. The Constitution is such an ambiguous document, but what is sure is that 'gay rights' wasn't on the minds of the people who wrote the First Amendment in the late 18th century.

And neither were black rights. What's your point?

[Cobhanglica]

I'm getting damn tired of these overactive courts using far more authority than they should have acquired.

You're opposed to the courts ensuring that the law matches what is constitutionally allowed?

I'm getting tired of Courts pretending that what they want to see become a reality is the only Constitutional way to go.

Did you even read the article? I realise you'd have had to click on a link, and then actually read and consider something, but it's a small sacrifice, really.

DADT is punishing people for free expression - it's contrary to the 1st Amendment. That's even ignoring questions about which other Constitutional articles are infringed.

It's hardly activism.

Then we can just change the law to ban gays completely.

[Xsyne]

Didn't someone poll actual members of the military and find that a vast majority of them were opposed to DADT?

[Peddieville]

but if I were a women

Would that mean you'd have two or more vaginae?

And two heads to go with them.

[Geniasis]

Then we can just change the law to ban gays completely.

That's the stupidest idea I've ever heard.

[Greater Americania]

Your rights to free expression are limited when you join the military. For example, you can't stage a protest when ordered by your commanding officer to fall in. In the same way, you can't present yourself as a homosexual if your military branch orders you not to. The Constitution is such an ambiguous document, but what is sure is that 'gay rights' wasn't on the minds of the people who wrote the First Amendment in the late 18th century.

And neither were black rights. What's your point?

"Don't Ask Don't Tell" is constitutional.

[Holy Paradise]

I'm getting damn tired of these overactive courts using far more authority than they should have acquired.

You're opposed to the courts ensuring that the law matches what is constitutionally allowed?

I'm getting tired of Courts pretending that what they want to see become a reality is the only Constitutional way to go.

Did you even read the article? I realise you'd have had to click on a link, and then actually read and consider something, but it's a small sacrifice, really.

DADT is punishing people for free expression - it's contrary to the 1st Amendment. That's even ignoring questions about which other Constitutional articles are infringed.

It's hardly activism.

Then we can just change the law to ban gays completely.

[Cobhanglica]

Then we can just change the law to ban gays completely.

That's the stupidest idea I've ever heard.

DADT was a compromise to avoid this. Since they don't like the compromise, we might as well just go back to locking out gays entirely.

[Geniasis]

"Don't Ask Don't Tell" is constitutional.

You're not legally empowered to make that decision.

[Greater Americania]

Then we can just change the law to ban gays completely.

*Offers a handshake*

[Exilia and Colonies]

Then we can just change the law to ban gays completely.

Nothing could possibly go wrong when this is legally challenged. It's not as if theres a precedent just been made against this sort of thing.

Oh wait...