Senate Repeals DADT

[Stardreamer]

Re: Senate DADT vote likely on Saturday

The executive branch does not get to choose which laws it likes. If they did it would set a dangerous precedent. That action had absolutely no relation to Obama's desire to see the policy repealed.

That is not entirely correct, Ted Olsen and ABC had this to say on the subject:

"I don't know what is going through the [Obama] administration's thought process on 'don't ask, don't tell,'" Olson said. "It would be appropriate for them to say 'the law has been deemed unconstitutional, we are not going to seek further review of that.'"

No statutory or constitutional provision requires the Department of Justice to appeal a ruling striking down a federal law as unconstitutional. But the executive branch has traditionally continued legal defense when "a reasonable argument can be made in [the law's] support," according to DOJ guidelines.

The policy is designed to honor the spirit of the independent branches of government: Congress passes laws, presidents sign them, and only courts can ultimately decide whether or not they are constitutional.

Nothing prevents the President from saying to the Justice Dept. "I agree with the court that this is unconstitutional and if there is a defense it should only be a token one to ensure the forms are followed.

 

[rareboy]

Re: Senate DADT vote likely on Saturday

you, frankfrank & rareboy now have one less thing to hate about the usa

You have no idea of how happy I am about the outcome.

Now it gives me one more thing to love about the US.

 

[Ninja108]

That small glimmer of hope I had actually came through. I never thought this day would come.

 

[chrisrobin]

THIS ONE'S FOR YOU, DAN CHOI!

 

[Apollo]

It is historic in an American context...So could you please give it up already, because quite honestly your language and rhetoric in that post made me want to puke. Just get over yourself.

Why don't people get their heads out of their fucking ass and applaud a fucking step forward in American and gay history. Instead of bitching about shit that will come later.

 

[MisterMajestic]

Re: Senate DADT vote likely on Saturday

I fell asleep watching CNN when they passed the Repeal-bill hours ago but I'm doing the Happy Dance now...

 

[Kulindahr]

The world feels warmer, and it isn't greenhouse gases.

 

[hotatlboi]

Re: Senate DADT vote likely on Saturday

That is not entirely correct, Ted Olsen and ABC had this to say on the subject:

Nothing prevents the President from saying to the Justice Dept. "I agree with the court that this is unconstitutional and if there is a defense it should only be a token one to ensure the forms are followed.

Ok, but you still don't want a single district level judge to be able to set policy for the entire country.

Otherwise if you had a Republican president who opposed the health care reform, he could have said to the one judge who ruled recently on the mandate part "Ok, that's that it's unconstitutional and that's what were staying with".

That makes it too easy to overturn any law. There's an important reason why it is traditionally expected that the executive branch defend the laws.

 

[Kulindahr]

Re: Senate DADT vote likely on Saturday

Ok, but you still don't want a single district level judge to be able to set policy for the entire country.

Otherwise if you had a Republican president who opposed the health care reform, he could have said to the one judge who ruled recently on the mandate part "Ok, that's that it's unconstitutional and that's what were staying with".

That makes it too easy to overturn any law. There's an important reason why it is traditionally expected that the executive branch defend the laws.

True. I think there's a duty to appeal, at the lower levels anyway, but if the law seems indefensible, I see no reason to do anything but reiterate the points made in Congress to get it passed.

 

[chance1]

been busy - havent been around

was at the gym today and it came on

such great news

one thing we all agree on

 

[hotatlboi]

lmao, the American Family Association's statement was truly epic.

http://www.truthwinsout.org/blog/2010/12/13626/

The armies of other nations have allowed gays to serve openly in the military. The reason they could afford to do this is simple: they could allow homosexuals to serve in their military because we didn’t allow them to serve in ours.

They knew they could count on the strength, might, power, and cohesion of the U.S. military to intervene whenever and wherever necessary to pull their fannies out of the fire and squash the forces of tyranny wherever they raised their ugly heads around the world.

Those days are now gone. We will no longer be able to bail out these other emasculated armies because ours will now be feminized and neutered beyond repair, and there is no one left to bail us out. We have been permanently weakened as a military and as a nation by these misguided and treasonous Republican senators, and the world is now a more dangerous place for us all.

 

[MisterMajestic]

HotAtlBoi...Are you watching C-SPAN right now? I LOVE when the IGNORANT callers call in...They really make the morning show Entertaining...

One Caller just said that the Gay Soldiers need to step-up their Game and give the Straight Soldiers a break from doing the Hard-work...LOL.....I promise i'm not making this shit up....LOL...

 

[rareboy]

^ NOM and AFA must just be having their worst Christmas ever.

They know, as I do, that this step marks the beginning of the end for their organizations and the irrational hate that they spread.

They are now so over. Irrelevant. Impotent.

This is the End of Days for them. Homos in the army are one of the four horsemen of the Apocolypse.

Every child in America will now know that it is okay to be a homo.
And to do whatever you want when you grow up.

For every gay kid in the US, this marks the first day when they know that they are now considered normal.

 

[MisterMajestic]

^ NOM and AFA must just be having their worst Christmas ever.

They know, as I do, that this step marks the beginning of the end for their organizations and the irrational hate that they spread.

They are now so over. Irrelevant. Impotent.

This is the End of Days for them. Homos in the army are one of the four horsemen of the Apocolypse.

Every child in America will now know that it is okay to be a homo.
And to do whatever you want when you grow up.

For every gay kid in the US, this marks the first day when they know that they are now considered normal.

Amen...........

 

[Kulindahr]

^ NOM and AFA must just be having their worst Christmas ever.

They know, as I do, that this step marks the beginning of the end for their organizations and the irrational hate that they spread.

They are now so over. Irrelevant. Impotent.

This is the End of Days for them. Homos in the army are one of the four horsemen of the Apocolypse.

Every child in America will now know that it is okay to be a homo.
And to do whatever you want when you grow up.

For every gay kid in the US, this marks the first day when they know that they are now considered normal.

Wishful thinking.

Until ENDA is set in stone and DOMA is overturned, this is just an aberration to them, something for rallying even more support. Don't be surprised if this helps swell their ranks.

 

[rareboy]

^ I'm the optimist this time.

DOMA is also now irrelevant.

In about a week to a month, a federal panel of judges is going to deal NOM the gut punch of the century so far.

The standard now is set against the simple fact that the US has ceased to institutionalize homophobia, by recognizing that homos are equal to their straight brothers and sisters in the military. From the moment of yesterday's vote onward, every other punitive, restrictive and reactionary measure designed to diminish and humiliate homosexuals will fail. Maybe not immediately, but they will fail. Because they will now be measured against a policy of non-discrimination, protected by the law of the land.

So in the short term, the fringe loony groups might attract a bit of extra cash, but the big cash is gone as of yesterday. The political machine will now move on. Homo issues will now cease to be the rich partisan ground they have been for the last decade.

And that is why Tony Perkins and AFA are weeping bitter, bitter tears today.

 

[Kulindahr]

^ I'm the optimist this time.

DOMA is also now irrelevant.

In about a week to a month, a federal panel of judges is going to deal NOM the gut punch of the century so far.

The standard now is set against the simple fact that the US has ceased to institutionalize homophobia, by recognizing that homos are equal to their straight brothers and sisters in the military. From the moment of yesterday's vote onward, every other punitive, restrictive and reactionary measure designed to diminish and humiliate homosexuals will fail. Maybe not immediately, but they will fail. Because they will now be measured against a policy of non-discrimination, protected by the law of the land.

So in the short term, the fringe loony groups might attract a bit of extra cash, but the big cash is gone as of yesterday. The political machine will now move on. Homo issues will now cease to be the rich partisan ground they have been for the last decade.

And that is why Tony Perkins and AFA are weeping bitter, bitter tears today.

It would be too easy to convince the current SCOTUS that there's a vast difference between marriage and serving in the military. ENDA can be viewed now as just an extension of what the military will be doing, into the civilian realm.


Off-the-cuff guess? We won't get ENDA for five year or more, and DOMA won't fall till at least five after that.

 

[rareboy]

^ But in the meantime, I'll bet that a lot more states will move toward legalizing homo marriages....DOMA will become a Domasaurus...eventually dug up years from now so that people can wonder at how such a small boned creature could have been so vicious and so destructive.

By the way....

Where are Pixel, Latka and Coolkid to share in the Joy and success today?

It is almost like they're not homos or something.

 

[Passion4Muzik]

This is a great thing and President Obama deserves credit for always being an advocate of gay rights (way before most of the country new who he was).

 

[construct]

^ I'm the optimist this time.

DOMA is also now irrelevant.

In about a week to a month, a federal panel of judges is going to deal NOM the gut punch of the century so far.

The standard now is set against the simple fact that the US has ceased to institutionalize homophobia, by recognizing that homos are equal to their straight brothers and sisters in the military. From the moment of yesterday's vote onward, every other punitive, restrictive and reactionary measure designed to diminish and humiliate homosexuals will fail. Maybe not immediately, but they will fail. Because they will now be measured against a policy of non-discrimination, protected by the law of the land.

So in the short term, the fringe loony groups might attract a bit of extra cash, but the big cash is gone as of yesterday. The political machine will now move on. Homo issues will now cease to be the rich partisan ground they have been for the last decade.

And that is why Tony Perkins and AFA are weeping bitter, bitter tears today.

Not necessarily. There is an eighth circuit case upholding Nebraska's marriage ban. It is called Citizens for Equal Protection, et al. v. Jon C. Bruning. We all have forgotten about that 2006 case. I'm surprised no one brought it up in the oral arguments in Perry. Granted that was before the DADT repeal, but it's still there, and the DADT repeal is not in the record for Perry

http://news.findlaw.com/wp/docs/glrts/ceptbrng71406opn.html