Wednesday, November 03, 2010

Homosexual Assault on Military Misses Target

Any changes to the 1993 law banning homosexuals from serving in the military (a.k.a. "Don't Ask, Don't Tell") have been iced by the combination of Monday's action by a three-judge panel of the 9th U.S. Circuit Court of Appeals to indefinitely freeze the recent activist judge's ruling, along with Tuesday's election results showing voters' denouncement of President Obama's sweeping agenda to remake the nation.

UPDATE 11/9/10 (video): Top Marine says don't change law

-- From "Appeals court extends life of gay military policy" by Lisa Leff, The Associated Press 11/1/10

In an eight-page order, two judges said they were persuaded by the Department of Justice's argument that U.S. District Court Judge Virginia Phillips' worldwide injunction against the policy "will seriously disrupt ongoing and determined efforts by the Administration to devise an orderly change."

"The public interest in enduring orderly change of this magnitude in the military — if that is what is to happen — strongly militates in favor of a stay," Judges Diarmuid F. O'Scannlain and Stephen S. Trott wrote in their majority order. "Furthermore, if the administration is successful in persuading Congress to eliminate (the policy), this case and controversy will become moot."

Another reason they gave for imposing the freeze was decisions by four other federal appeals courts that cast doubt on whether Phillips exceeded her authority and ignored existing legal precedents when she concluded gays could not serve in the military without having their First Amendment rights breached.

To read the entire article above, CLICK HERE.

From "‘Don’t Ask’ Repeal Advocate Is Ousted" by Julian E. Barnes, Wall Street Journal 11/3/10

The Republican wave that took over the House of Representatives also claimed the seat of Rep. Patrick Murphy (D., Pa.) who had headed up efforts to repeal the ban on gays serving openly in the military.

With sharp Republican gains Tuesday, the fate of repeal of the so called “Don’t Ask, Don’t Tell” bill is unclear. . . .

In addition to Mr. Murphy, many more senior Democrats on the House Armed Services Committee, including Rep. Ike Skelton (D., Mo.), were defeated Tuesday.

Congressional observers say unless [Senate Majority Leader] Reid brings up the bill before Thanksgiving, there will likely not be time to pass the measure, and get it through a Congressional conference committee by the end of the lame duck session.

To read the entire article above, CLICK HERE.