Military ban on gay service declared unconstitutional

[Dyakovo]

You can make the the argument that the FEDERAL government has no right to regulate marriages, but the states most definitely do have that right. If they want to define marriage as only between 1 man and exactly 3 donkeys, they have the right to do so.

There's this thing called the fourteenth amendment. You might want to look at it sometime.

There's the thing that marriage is not a Constitutionally guaranteed right, but a privilege regulated under state governments. By your logic, we should abolish marriage licenses and all laws relating to marriage because they constitute an infringement of rights.

How so?

[Dyakovo]

You can make the the argument that the FEDERAL government has no right to regulate marriages, but the states most definitely do have that right. If they want to define marriage as only between 1 man and exactly 3 donkeys, they have the right to do so.

There's this thing called the fourteenth amendment. You might want to look at it sometime.

There's the thing that marriage is not a Constitutionally guaranteed right...

What do you base that claim on? Why isn't it - for example - one of the 'rights' not-specifically-enumerated?

You have to limit the extent of the 14th Amendment somewhere; otherwise it can be used to protect any and all activities. I prefer to go no further than the text of the Constitution when it comes to looking at the 14th.

What you prefer is irrelevant. The whole point of including text that specified that there ARE other 'rights' not specifically enumerated - is that there ARE other rights, NOT specifically enumerated.

If you're arguing only the specifically enumerated rights are genuine, you're arguing in opposition to the Constitution. Your argument is, by definition, un-Constitutional.

I'm not arguing in opposition to the Constitution.

Yes, actually, you are. See bolded.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

[Maineiacs]

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?

He's opposed to the courts (or anyone else, for that matter) disagreeing with him.

[Arkinesia]

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.

Oh my god, are you off your rocker? This is not legislating from the bench, it's repealing legislation from the bench, which is exactly what the court is supposed to do.

I think Mr. Cooper meant "archaic", not "arcane".

Then again, maybe the statute is fortified with magics both powerful and terrible?

Well obviously all gay people are evil wizards named Saruman and…

[Ryadn]

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.

...but who would review the concept of judicial review?

[Rolamec]

http://latimesblogs.latimes.com/lanow/2010/09/federal-judge-declares-us-military-ban-on-openly-gay-service-members-unconstitutional-.html


Wow, This good news.
So what thinks NSG.

Finally, a reason for Congress not to act!

[Ryadn]

Holy shit. I don't know how the hell I missed this. Who is that peeking around the doorway into the 21st century? Is that YOU, United States?

[Rolamec]

Holy shit. I don't know how the hell I missed this. Who is that peeking around the doorway into the 21st century? Is that YOU, United States?

No, that was Canada, your bad.

[Fichu Tribute]

*shrugs* Okay. Doesn't affect me.

[Ryadn]

Holy shit. I don't know how the hell I missed this. Who is that peeking around the doorway into the 21st century? Is that YOU, United States?

No, that was Canada, your bad.

Those fucks. I should've guessed when I saw the bottle of Moosehead.

[Fartsniffage]

I think Mr. Cooper meant "archaic", not "arcane".

Then again, maybe the statute is fortified with magics both powerful and terrible?

Well obviously all gay people are evil wizards named Saruman and…

More likely to be called Gandalf.....

[Lackadaisical2]

Thank God the GOP legally challenged DADT, since the dems apparently couldn't do it. (/silly partisanship)

But this will go to the next court up, I'd think. Strange that the Justice department defended it, even though Obama seems to want to get rid of it.

[Lackadaisical2]

I think Mr. Cooper meant "archaic", not "arcane".

Then again, maybe the statute is fortified with magics both powerful and terrible?

Well obviously all gay people are evil wizards named Saruman and…

More likely to be called Gandalf.....

I think you mean Dumbledore

[Fartsniffage]

I think you mean Dumbledore

Nah, Gandalf was in the Manchester Pride parade a couple of weeks ago.

Very nice white pants he was wearing.

[Mikedor]

Good.
All DADT does is keep a few retired generals happy and deprive the military of capable, willing men and women, some of whom have very valuable skills.

[Bottle]

One of my favoritest things in the universe is when conservatives whimper about meanie activist judges and their awful nasty habit of noticing that conservative (read: racist, homophobic, sexist, etc) policies are unconstitutional. It's like they don't realize that they are doing a perfect impression of the bigots who screamed bloody murder after Brown v Board. They're so durn CUTE!

[Preussen-Sachsen]

He, funny.

In Germany, gays can serve in the army, but the instructors tell´em before, that they gonna be harassed by the whole platoon. Similarly to guys with long hairs. They´re allowed, but you gonna be the biggest fool of the barracks and predestinated for all kind of pranks.

You can have long hair in the German military? Damn.

You´re allowed to, but it is not the best thing to have long hairs here. Takes long to wash´em and they´re smelling more if your head sweats.

[Tekania]

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.

Yes, who needs pesky judicial review. It would be so much better if the majority got to simply vote what-ever they want in.

[Greed and Death]

Thank God the GOP legally challenged DADT, since the dems apparently couldn't do it. (/silly partisanship)

But this will go to the next court up, I'd think. Strange that the Justice department defended it, even though Obama seems to want to get rid of it.

If you do not defend it, it wont get appealed. Right now it is in a district court, so an entire district has outlawed DADT, the rest of the country is still in the stone age.

[Tekania]

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.

They're not pretending.

[Les Drapeaux Brulants]

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.

Yes, who needs pesky judicial review. It would be so much better if the majority got to simply vote what-ever they want in.

Not every American institution needs to be a social experiment. The US military's faults don't arise from excluding homosexuals from service.

[Tekania]

soldiers should just be discouraged or reprimanded if they don't keep tight-lipped about their sex life

What? Nobody wants to hear that shit.

Or did you detect a double entendre?

Really, and how long was your military tour?

[Greed and Death]

soldiers should just be discouraged or reprimanded if they don't keep tight-lipped about their sex life

What? Nobody wants to hear that shit.

Or did you detect a double entendre?

You weren't in the service were you.
Half the time we are either getting action or bragging about getting action.

[Tekania]

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

You're not legally empowered to make that decision.

Wrong. The First Amendment does guarantee the right to freedom of speech. Although my opinion doesn't have as much legal weight as that of a federal judge, I can look at the Constitution and say what I think it says. And I think 'gay rights' was a laughable concept from the late 18th century all the way up into our present era of decadence, and thus was not Constitutionally protected.

You're right, "gay rights" are laughable... Actually, what we're talking about under the somewhat deceptive moniker of "gay rights" is basic US rights to its citizens, which in this case are being denied to gays, not "special" rights. Much as like when they were talking about civil-rights-era African American Rights, it was not "special" rights for African Americans, but rather basic US citizen rights being denied to African Americans.

[Tekania]

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.

Yes, who needs pesky judicial review. It would be so much better if the majority got to simply vote what-ever they want in.

Not every American institution needs to be a social experiment. The US military's faults don't arise from excluding homosexuals from service.

The US military, as any other branch or department within the Federal government is bound by, and to protect the US Constitution. What the military's faults may or may not be have no bearing what-so-ever on determinations upon whether its policies are in-line with the document it is sworn to protect.