The Beginning of the End for DADT

[Jess]

More Maddow on DADT:


Fighter pilot fights to keep job:
http://www.msnbc.msn.com/id/21134540...68288#38668562

Cadet decides to not join military as result of DADT
http://www.msnbc.msn.com/id/21134540...68288#38668341

Her view on Obama and DADT
http://www.msnbc.msn.com/id/21134540...68288#38668429

There are a couple more clips from this segment but I am having issues loading them. Very interesting viewing.

[Jess]

Maddow encourages our Commander and Chief to "do the right thing"

http://www.msnbc.msn.com/id/21134540...68641#38668641

[SuperFemme]

A Military Mom's Letter on DADT

While the Pentagon surveys the spouses of military members about the “don’t ask, don’t tell” policy, Servicemembers Legal Defense Network is highlighting the perspectives of military family members affected by the discriminatory policy.

On Friday some 150,000 spouses of military members began to receive the surveys asking them how they would feel if the policy were repealed. SLDN wants the Pentagon to hear from the family members of gay service members, too.

Today's letter is from Nancy S. Manzella, mother to Former Army Sgt. Darren Manzella.

August 24, 2010
Hon. Jeh C. Johnson
General Counsel, U.S. Department of Defense
Co-Chair, Comprehensive Review Working Group

General Carter F. Ham
Commanding General, U.S. Army Europe
Co-Chair, Comprehensive Review Working Group

Dear General Ham and Mr. Johnson:
My name is Nancy Manzella and I have been a mother for 34 years. My husband and I live in rural Western New York where we have made our home at a grape vineyard and have raised three wonderful sons. We now have beautiful daughters-in-law and grandchildren. We are proud to say that we are the all American family.

I also was a military mom for six years. Our son, Darren Manzella, served two tours in the Middle East in support of Operation Iraqi Freedom as a Soldier in the United States Army. He was promoted to sergeant, was a team leader of a medical squad, and conducted more than 100 12-hour patrols in the streets of Baghdad, treating wounds and evacuating casualties of sniper fire and roadside bombs.

Darren was awarded the Combat Medical Badge, honoring him for treating American and Iraqi troops while under fire. He saved lives while putting his own in precarious situations by treating gunshot wounds to blast injuries and more. He was “out there” and our family knew he was in constant danger.

As anyone who is familiar with our military knows, service takes tremendous sacrifices, not only for those who serve, but for their loved ones they leave behind. Our family was always concerned for Darren’s safety, as all military families are for their sons and daughters in uniform. We were also concerned for him because he was openly gay while he served his second tour. We knew that anyone in a war zone was at risk of being harmed at any time, but we also understood that because of “Don’t Ask, Don’t Tell,” Darren was especially vulnerable. He could be fired, forced out of the Army, and potentially face harassment and abuse. The stress was incredible.

“Don’t Ask, Don’t Tell” not only affects the gay and lesbian service members’ lives, but also throws their loved ones, friends, and all family members’ lives into a stressful nightmare. We cannot get to them if they need us for support, as they are thousands of miles away. The ban impacts so many lives adversely. It causes unbearable stress on everyone concerned, especially with the constant fear that we may slip up, we might inadvertently “out” them even in a simple letter from home. The “All American Families” who have gay or lesbian service members serving are living with this stress every day.

As parents, this law offends us deeply. It tells us that our gay and lesbian children who are in uniform and putting their lives on the line every day, saving lives, are not good enough to serve their country. The law discriminates against family members, forcing fear and anguish into their lives. Our sons and daughters should be judged on their performance, loyalty to country and bravery, not their sexual orientation.

We need to support all American military families – straight or gay.

Our son was fired under “Don’t Ask, Don’t Tell” and I still believe to this day he would willingly serve his country again if this law ended. I can tell this discharge not only affected his military career, but caused him to question his self-worth. Under the law it doesn’t seem to matter how good you are at your job; how many lives you save or people you support; or how patriotic and dedicated you might be. If you happen to be gay or lesbian, this law says you are somehow “less than.”

The Army teaches honor and integrity and holds those values dear. Despite these values, the Army still isn’t allowed to let our gay and lesbian troops live up to that potential because of “Don’t Ask, Don’t Tell.” Under this law, troops are forced to be dishonest, to put integrity to the side, and to live in the closet – with their families closeted beside them – denying who they are.

They need the opportunity to “Be All That They Can Be.”

I am urging you to support the repeal of this unjust law. The values that we gave our kids, and the values the Army told Darren they believe, are really the values we should strive for. But until this law is gone, those values are undermined by unfairness, discrimination and prejudice. I realize that our country is in the midst of great change having to make many crucial decisions. I also understand that the Administration has “a lot on their plate” right now. I’m an American, too, and have many concerns about our country. But, “Don’t Ask, Don’t Tell” repeal cannot and should not be pushed down the road.

Sincerely,

Nancy S. Manzella

CC: U.S. Sen. Carl M. Levin
Chairman, Senate Armed Services Committee
U.S. Sen. John S. McCain
Ranking Member, Senate Armed Services Committee

U.S. Sen. Joseph I. Lieberman
Member, Senate Armed Services Committee

http://www.advocate.com/authors.aspx....com%20Editors

[Linus]

Bingo! DADT declared unconstitutional against 1st Amendment!


http://www.dailykos.com/story/2010/9...constitutional

[Medusa]

Originally Posted by Linus

Bingo! DADT declared unconstitutional against 1st Amendment!


http://www.dailykos.com/story/2010/9...constitutional

Im going to have to read up on this - What's the next step? Can someone appeal this?

[Linus]

Originally Posted by Medusa

Im going to have to read up on this - What's the next step? Can someone appeal this?

I have learned that in the US everything is appeal-able. There seems to be an abundance of lawyers willing to take that on.

Whether it will be or not.. that's another question.

[Sparkle]

/snip from the NYT article
http://www.nytimes.com/2010/09/10/us/10gays.html

"The decision is among a number of recent rulings that suggest a growing judicial skepticism about measures that discriminate against homosexuals, including rulings against California’s ban on same-sex marriage and a Massachusetts decision striking down a federal law forbidding the federal government to recognize same-sex marriage.

It will not change the policy right away; the judge called for the plaintiffs to submit a proposed injunction limiting the law by Sept. 16th. The defendants will submit their objections to the plan a week after that. Any decision would probably be stayed pending appeals."

/snip: from the HRC press release
http://www.hrc.org/14742.htm

"While many believe repeal of this odious law is a foregone conclusion, the real truth is that this is not yet a done deal,” said Human Rights Campaign President Joe Solmonese. “If the more than 75 percent of fair-minded Americans who recognize this as a failed law do not speak up, a small group of Senators with their own narrow political agendas could win out.”


National Call Campaign to help push through the repeal of DADT
http://bit.ly/bsPVlt.

[SuperFemme]

Originally Posted by Medusa

Im going to have to read up on this - What's the next step? Can someone appeal this?

the ruling was made by a judge in riverside, ca.
which means that it will go to the 9th Circuit Court.
then to the 9th Circuit Court of Appeals.
then to the SCOTUS.

years and years of moving up the ladder.

[Greyson]

CQ POLITICS NEWS

Sept. 29, 2010 – 1:40 p.m.

Pentagon Reviews Results of ‘Don’t Ask, Don’t Tell’ Survey
The military is now reviewing results of surveys it requested from servicemembers and their families about ending the ban on openly gay individuals serving in the military.

About 400,000 military personnel were surveyed in addition to members of 150,000 families, Adm. Mike Mullen , chairman of the Joint Chiefs of Staff, said Wednesday. Mullen in February forcefully advocated repeal of the “don’t ask, don’t tell” law. But he cautioned that Congress should wait for the Pentagon to “crunch the data” from its survey before it acts to end the policy.

Mullen said the Pentagon now has enough data to be statistically significant. The information, which Mullen said he hoped would help guide the legislative process, will be used in implementing a new policy.

“The reason to conduct the survey is to get objective data from the people affected most by this change,” he said. “It is that data that will highlight issues in terms of implementation and issues that need to be addressed before certification.”

He said the military would look specifically at issues affecting force readiness, training and cohesion.

“These are real things we have to deal with,” Mullen said. He said the troops’ input is important, in part, because “this force has been stretched.”

Mullen noted that the fiscal 2011 defense authorization bill awaiting a vote by the Senate and the version passed by the House would not mandate repeal until the Pentagon’s review of the survey is complete. Nonetheless, he said it would be better if Congress waits until the review of the surveys is completed later this year.

The final results are due on the desk of Defense Secretary Robert M. Gates by Dec. 1.

The Senate blocked consideration of the defense authorization bill last week, in part because of GOP objections over several other measures that Democrats wanted to attach to the bill.

Congress is expected to revisit the issue when it returns in November.

http://www.cqpolitics.com/wmspage.cf...y-000003743540

[rlin]

Breaking News Alert
The New York Times
Tue, October 12, 2010 -- 3:45 PM ET
-----

Judge Orders Injunction Stopping 'Don't Ask, Don't Tell'

A federal judge ordered the government on Tuesday to stop
enforcing the "don't ask, don't tell" policy, ending the
military's 17-year-old ban on openly gay troops.

U.S. District Judge Virginia Phillips's ruling was widely
cheered by gay rights organizations.

Department of Justice attorneys have 60 days to appeal. Legal
experts say the department is under no legal obligation to do
so and could let Judge Phillips's ruling stand.

Read More:
http://www.nytimes.com/aponline/2010...ry.html?emc=na

[Jess]

Thanks rlin! I couldn't get the whole story from that link, it asked that you register to view it, so here is another link.

http://www.cnn.com/2010/US/10/12/jud....order/?hpt=T2

Guess not all of the work being done by all of the republicans is so bad afterall.

[Rook]

Gotta watch for the Appeals....but otherwise
-happy dance-

[Jess]

Washington (CNN) - The Obama administration is expected to appeal as soon as Wednesday a federal judge's ruling that halted the Defense Department from enforcing its policy that bars openly gay people from military service, according to senior administration officials familiar with the government's plans.
U.S. District Court Judge Virginia Philips issued an injunction Tuesday that bans enforcement of the "don't ask, don't tell" policy throughout the military services.
While the government has up to 60 days to file an appeal to the Ninth Circuit Court in San Francisco, California, officials familiar with the case said that could happen in the next day or two.

http://politicalticker.blogs.cnn.com...s-in-military/


If this is how this administration shows its full support for LGBT then I sure wish they would back off our wagon.

[Jess]

Other Democrats urge admin to not appeal

http://minnesotaindependent.com/7236...nt-tell-repeal

http://tpmmuckraker.talkingpointsmem...ion_til_we.php

[Jess]

Rachel Maddow tells Obama admin to End DADT or Stop saying you will.






http://www.hulu.com/watch/185506/the...aying-you-will

[Jess]

From the NY Times Opinion page:

http://www.nytimes.com/roomfordebate...nd-unnecessary

[Jess]

In case it wasn't all on the previous link. BTW, sorry the direct video didn't link, I am having issues with performing that feature.

I think this segment was taped before her show last night.

http://www.msnbc.msn.com/id/21134540...42458#39642458

[Jess]

http://www.nytimes.com/2010/10/15/us...er=rss&emc=rss

[Jess]

From Change.org
Christian Ascher
Oct 14, 2010



What’s it going to take for President Obama to finally step up and make good on the promises he’s repeatedly made to the LGBT community? A little over a year ago he stood in front of 2,000 of us at a Human Rights Campaign gala and swore he’d get rid of "Don’t Ask, Don’t Tell" (DADT). He’s reiterated that commitment multiple times since then. Yet when the bill which would have authorized a repeal of the policy was stalled in the Senate last month, he was silent — no phone calls to senators pushing them for a “yes” vote, no public statements about the importance of the bill. Nothing.

Now, when the law has been judged unconstitutional and a federal judge has placed an injunction on it, the President is apparently happy to have the Justice Department defend it — to not only not help make this hateful, homophobic policy, which even the Pentagon wants to get rid of, go away, but actually to fight for its survival.

How, exactly, does this match up with his promise? How does “I will end the policy known as 'Don’t Ask, Don’t Tell,'” morph into defending it in court over and over again and refusing to let it die? As Rachel Maddow said last night, the President needs to step up and support us at this point — or else he needs to stop pretending that he supports us at all.

The New York Times has stated in an editorial that the best way for DADT to end would have been through Congressional action. This is what the President wanted, and the vision he is still apparently clinging to. But Democrats in the Senate were unable to overcome the red-faced blustering of Sen. John McCain and his coterie; the Senate chose to stop all funding for the Pentagon rather than afford gay and lesbian soldiers equality.

The next best solution is for the Justice Department to decline to appeal this injunction and to allow the law to die without further drama. Overwhelming majorities of Americans favor allowing gay and lesbian soldiers to serve openly in the U.S. military — just as they do, without any problem or incident, in the militaries of all our NATO allies. Even Pentagon leadership has come out in favor of repealing the policy. They all agree with Federal Judge Virginia Phillips when she finds that DADT doesn’t increase military readiness or unit cohesion, and that instead it actually destroys them.

All of us out here in the real world of logic and practicality have been saying that since this discriminatory policy was first proposed 17 years ago, but now that the military establishment, the public, and the courts have all caught up, the right thing for the White House to do — if it can’t provide actual leadership on this issue — is to at least follow along quietly and allow the policy to die under this Federal injunction. To defend it by appealing, instead, is to stand with John McCain and support homophobia.

When President Obama promised us at that HRC dinner that he was going to end DADT, he also called on us to “hold him to it.” Now’s the time.

What’s the problem, Mr. President? Everybody wants this. You say you want it. You promised leadership on this very goal, and now it’s being handed to you. Mr. President, let DADT die.


Link to petition:

http://www.change.org/petitions/view...ce_and_for_all

[MsTinkerbelly]

BREAKING: LCR appeals DADT injunction stay to U.S. Supreme Court
By Eden James

Per a bulletin from Rex Wockner, the following news just broke:

Attached please find the Log Cabin Republicans’ application to vacate the Ninth Circuit order and related papers that were just filed with the US Supreme Court. Also find below a quote from R. Clarke Cooper, executive director of Log Cabin Republicans, and Dan Woods, White & Case partner who is representing Log Cabin Republicans. Also included below is a short Q&A regarding process moving forward that you may find helpful.

R. Clarke Cooper, Executive Director, Log Cabin Republicans:

“It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court.”

Dan Woods, White & Case:

“We have today filed an application with the United States Supreme Court asking it to vacate the Ninth Circuit’s order staying Judge Phillips’s injunction pending appeal. We argue in this application that the Ninth Circuit order was arbitrary and an abuse of discretion and should be vacated immediately. We continue to look forward to the day when all Americans can serve in our military without regard to their sexual orientation,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans.

Q: Will the entire Supreme Court be involved in considering whether to vacate the Ninth Circuit order?

A: That is up to Justice Kennedy. He may decide himself or he may refer the application to the full court.

Q: How long will the review take?

A: That is also up to the court. The Court may allow the government the opportunity to respond to our application.

Q: What are the next steps if the Court vacates the ruling/doesn’t vacate the ruling?

A: If the Court vacates the stay order, DADT is dead pending the appeal, and we have for all intents and purposes won. If it doesn’t, we will next move in the Ninth Circuit to expedite the Judge’s decision.