y*****g
发帖数: 1822 | 1 Court Orders End to DADT
By Michelle Garcia and Andrew Harmon
A three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled
Wednesday that the U.S. military can no longer enforce the "don't ask, don't
tell" policy.
Though President Barack Obama asserted in a news conference last week that
certification of DADT repeal passed by Congress will be completed in "weeks,
not months," the ninth circuit panel ruled that its stay on a federal judge
's 2010 ruling against the policy should be immediately lifted. The
government no longer contends that DADT is constitutional, the panel wrote.
In its order, the Ninth Circuit cited a recent Justice Department brief in
Golinski v. U.S. Office of Personnel Management, in which it argued, “gay
and lesbian individuals have suffered a long and significant history of
purposeful discrimination.”
The court also noted that repeal of the ban on openly gay service members is
well underway, and that "the preponderance of the armed forces are expected
to have been trained by mid-summer" on repeal.
A Defense Department spokeswoman said Wednesday that the Pentagon is
currently studying the ruling with the Justice Department. "We will of
course comply with orders of the court and are taking immediate steps to
inform the field of this order," Defense spokeswoman Maj. Monica Matoush
said in a statement.
In October 2010, U.S. district judge Virginia Phillips ruled DADT
unconstitutional and further ordered that the military stop enforcing the
policy. The ninth circuit issued a stay on that ruling pending appeal in the
case, filed in 2004 by the Log Cabin Republicans.
"Today the government is enjoined from applying or enforcing ["don't ask,
don't tell"], it's that simple," Dan Woods, lead attorney in the Log Cabin
Republicans case, told The Advocate Wednesday. "We don't have to wait for
politicians and bureaucrats to certify whether the military is ready for
repeal, because the courts have done it."
Woods said he has not received any notice on whether the Justice Department
intends to appeal the ruling.
In its Friday brief in Golinski, a case challenging the Defense of Marriage
Act's prohibition of spousal benefits for gay federal employees, the DOJ
articulated its position that DOMA is unconstitutional, and that laws
discriminating on the basis of sexual orientation — of which DADT is an
example — should be subject to heightened judicial scrutiny.
Alexander Nicholson, executive director of Servicemembers United and a
plaintiff in the Log Cabin case, said in a statement Wednesday,: "I am proud
to have worked personally worked with Log Cabin on this case for more than
five years now and to have represented the gay military community as the
sole named veteran on this lawsuit. Despite the criticisms and years of
waiting, this case has yet again successfully eviscerated this outdated,
harmful, and discriminatory law."
http://www.advocate.com/News/Daily_News/2011/07/06/Court_Orders | m******1
发帖数: 19713 | | k*****e
发帖数: 22013 | 3 这真是拖得够久了...上次都判过了，还各种借口拖阿拖:
什么要调研啊，要过渡啊，迟迟不实施。
都快成了中国法院的“执行难”了。哈哈
't
weeks,
judge
.
【在 y*****g 的大作中提到】
: Court Orders End to DADT
: By Michelle Garcia and Andrew Harmon
: A three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled
: Wednesday that the U.S. military can no longer enforce the "don't ask, don't
: tell" policy.
: Though President Barack Obama asserted in a news conference last week that
: certification of DADT repeal passed by Congress will be completed in "weeks,
: not months," the ninth circuit panel ruled that its stay on a federal judge
: 's 2010 ruling against the policy should be immediately lifted. The
: government no longer contends that DADT is constitutional, the panel wrote.
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