Via JMG: DADT WIN: Federal Judge Orders Reinstatement Of Major Margaret Witt

In another win in the battle to overturn DADT, late this afternoon a federal court ordered the reinstatement of Air Force Major Margaret Witt, who was suspended just before her retirement date in 2004 after her superiors learned she is a lesbian. Today's decision only applies to Major Witt's case.

A federal judge ruled Friday that a decorated flight nurse discharged from the Air Force for being gay should be given her job back as soon as possible in the latest legal setback to the military's "don't ask, don't tell" policy. The decision by U.S. District Judge Ronald Leighton came in a closely watched case as a tense debate has been playing out over the policy. Senate Republicans blocked an effort to lift the ban this week, but two federal judges have ruled against the policy in recent weeks. Maj. Margaret Witt was discharged under the "don't ask, don't tell" policy and sued to get her job back. A judge in 2006 rejected Witt's claims that the Air Force violated her rights when it fired her. An appeals court panel overruled him two years later, leaving it to Leighton to determine whether her firing met that standard.

Witt was represented by the ACLU. Read the decision here (PDF.) Reactions to the decision are below.

Human Rights Campaign

“By reinstating Major Witt, a decorated Air Force nurse discharged under ‘Don’t Ask, Don’t Tell,’ another federal court has demonstrated once again that this discriminatory law does not contribute to our nation’s security or defense,” said HRC President Joe Solmonese. “Had Major Witt been discharged in any other circuit in the country, she would not had her day in court. It is time for Congress and the Administration to recognize that his failed law should be removed from the books once and for all.”

Servicemembers United

"Yet another judge has taken yet another righteous, historic, and courageous stand against a discriminatory and unconstitutional law," said Alexander Nicholson, founder and Executive Director of Servicemembers United. "Major Witt's case is a clear-cut one in which her discharge itself actually harmed unit cohesion, morale, and combat readiness." This legal victory against the "Don't Ask, Don't Tell" law is the second this month, with a judge in Riverside, California previously declaring the entire "Don't Ask, Don't Tell" law unconstitutional in a facial challenge to the law brought by the Log Cabin Republicans. Major Witt's victory will apply only to her own discharge, but the precedent set with this decision and the previous appellate court ruling in this case on the standard to be used in deciding on "Don't Ask, Don't Tell" discharges all contribute to a significant shift in how courts appear to be viewing and treating the "Don't Ask, Don't Tell" law.

More reactions will be added to this post as they arrive.

Labels: ACLU, Air Force, DADT, LGBT rights, military

reposted from Joe

Via JMG: Libertarian Party To Gays: Leave Your Abusive Democratic "Spouse" And Join Us

The Libertarian Party has launched a campaign to lure gay voters, saying, "Like abused spouses who keep returning to their aggressors, gay voters keep handing their votes to the Democrats who abuse them." The statement continues:

The Libertarian Party (LP) wants to break this self-destructive behavior and offers LGBT voters a better alternative. LP Chairman Mark Hinkle said, "Exit polls indicate that Democrats get over 70% of LGBT votes in federal elections. Those voters must really love the Democrats' rhetoric, because they certainly aren't seeing any action. "President Obama and the Democrats had almost a year of complete control of the federal government: the Presidency, the House, and a filibuster-proof 60 votes in the Senate.

"They could have repealed 'don't ask don't tell.' They could have gotten rid of the Defense of Marriage Act. But they didn't do either of those things. That's a complete and total betrayal of all the promises they made to gay and lesbian voters for years. "After a carefully orchestrated failure in the Senate, the Democrats are now blaming Republicans for blocking the repeal of 'don't ask don't tell.' Of course, three Democrats just voted against it too, including Majority Leader Harry Reid. Reid claims he voted for procedural reasons, but the whole situation seems calculated to look like they're trying to help, while making sure they don't actually help." Unlike the Democratic and Republican Parties, the Libertarian Party believes that gays and lesbians deserve equal treatment under the law.

The statement concludes that the Libertarian Party "neither supports nor opposes gay relationships."

Obviously the Libertarian Party seeks to capitalize on LGBT disenchantment with the Obama administration and further splinter the gay vote to the benefit of the GOP. Nothing more, nothing less. Most self-described libertarian candidates, of course, actually run on the GOP ticket. (Witness today's post about Colorado's Stephen Bailey.) Virtually no officially Libertarian candidate ever becomes viable in a general election. Talk about throwing your vote away!

But just for the sake of argument, let's tick off the official Libertarian agenda as posted on their website:

1. Abolish welfare.
2. Abolish Social Security.
3. Abolish the IRS.
4. Abolish the FDA.
5. Allow insurance companies to exclude any disease.
6. Dismantle the public school system.
7. Allow machine gun ownership and open-carry anywhere.
8. End foreign aid to starving nations.
9. Sell all national parks to private groups.

To be fair, the Libertarian Party does have reasonable positions on immigration reform, privacy, and the war on drugs. But the essential takeaway from reading their platform is this: "If you are impoverished, starving, desperately ill, unemployed, or uneducated...tough shit. Don't come to the government with your lazy unpatriotic hand out. Every American for himself. Get the fuck out of here."

Labels: 2010 elections, LGBT rights, Libertarian Party

reposted from Joe

LAVENDER ANGELS RETURN TO THE HEIGHTS

LAVENDER ANGELS RETURN TO THE HEIGHTS

 

"Volunteering for a Safer Community"

Lavender Angels, found in many gay communities, were last seen here in the 1990's.  Following concerns about the safety and comfort of our public, the group has been revived here in Lavender Heights.  Spearheaded by the Center, an alliance is being formed with midtown community agencies including the Center, the Midtown Business Association, and the Sacramento Police Department.  Volunteers are being recruited and were first seen at the Rainbow Festival.   Their official debut is planned for Second Saturday in October. 

They plan to be on area streets on Friday and Saturday nights between 9:00 and bar closing times, and during special events in the area.  They will be visible, and will be extra eyes for law enforcement and security personnel.  They will be in close touch with Sacramento Police officers in the area and will coordinate with bar security personnel.  The Sacramento Police Department will provide training for the volunteers, the first Safety Seminar to be held in October.   Their official debut is planned for Second Saturday in October.

If you have been in midtown at night recently, you will know that the area is bustling on weekend nights with heavy pedestrian traffic in areas such as 20th Street between I and L Streets.  The vision is to promote a safe experience in the area for patrons enjoying the conviviality offered through the area businesses.  Active recruitment of volunteers is underway. 

For more information, contact: Lavender.Angels@SacCenter.org.   

Via JMG: DOJ To Judge: Keep Enforcing DADT

In response to the federal court ruling that DADT is unconstitutional, late this afternoon the Department of Justice filed a brief in support of keep the ban on openly gay servicemembers. Via Advocate:

In a 14-page brief, Justice Department attorneys argued that a permanent injunction against enforcing the 17-year-old law — one supported by Log Cabin Republicans, which successfully challenged DADT in federal court and has argued for an immediate halt of DADT enforcement throughout the armed forces — would be "untenable." "[A]ny injunction in this case must be limited to plaintiff LCR and the claims it asserts on behalf of its members – and cannot extend to non-parties – plaintiff’s requested world-wide injunction of the statute fails as a threshold matter," assistant U.S. attorney Paul Freeborne wrote.

Among the government’s arguments, Freeborne wrote that an injunction would preclude the government both from litigating other legal challenges to DADT and considering the terms of a stay barring discharges of gay and lesbian service members. An immediate halt of discharges would jeopardize successful implementation of repeal, by interfering with the “ability of the Department of Defense to develop necessary policies, regulations, and training and guidance to accommodate a change in the DADT law and policy,” the government argues.

The White House has issued the following statement.

Today, the Department of Justice made a filing in a legal challenge to the Don't Ask, Don't tell (DADT) policy, as it traditionally does when acts of Congress are challenged. This filing in no way diminishes the President's firm commitment to achieve a legislative repeal of DADT -- indeed, it clearly shows why Congress must act to end this misguided policy. The President was disappointed earlier this week when a majority of the Senate was willing to proceed with National Defense Authorization Act, but political posturing created a 60 vote threshold. The President spoke out against DADT in his first State of the Union Address, and the Secretary of Defense and the Chairman of the Joint Chiefs have both testified in support of repeal. And the Department of Defense continues to work on a plan on how to implement repeal. The President, along with his Administration, will continue to work with the Senate Leadership to achieve a legislative repeal of DADT as outlined in the NDAA this fall.

Here's the DOJ's full brief.
DOJ DADT Injunction 

Labels: DADT, DOJ, LGBT rights, Obama administration

reposted from Joe

Via Pey: The Week Club Presents AcquaPlay * Made in Brazil

Via JMG: Morning Nutcase - Juice Boxes Make You Gay!

 Nationally syndicated libertarian radio host Alex Jones told his audience that drinking out of juice boxes turns people into homosexuals. Also gay-making: kettle chips. It's all a government plot to create more gay people! And here you were blaming Glee.

Via JMG: MADDOW: Advocate's Kerry Eleveld Talks About Possible DADT Appeal By DOJ

Palin O'Donnell Tribute.wmv

Via JMG: Samoan Clerics: Homosexuals Are Causing Global Climate Change

Clerics of an unnamed Christian denomination informed attendees at a University of the South Pacific conference on climate change in Samoa that homosexuals are responsible for global warming.

Academics were apparently thrown off their consideration of "Arts in the Age of Global Warming" and "Ecology in Poetry / Poetry in Ecology" by reports of Church Ministers who maintained that climate change in Samoa are clearly attributable to to homosexuals. The revelation prompted one attendee USP student, Shaiza Janif, to opine: "We need to educate our ministers and not turn this into an agenda." Details of exactly how the ministers think homosexuals are pumping more CO2 into the atmosphere, thereby trapping heat around the planet, driving up the average temperature and causing massive economic and environmental dislocation are scant.

Tornadoes, hurricanes, earthquakes, and now the melting of the polar ice caps. We are truly a fearsomely fabulous force. Points to the UK's Register for their headline: Samoan Clerics Finger Homosexuals Over Global Warming.

Labels: asshattery, global warming, religion

reposted from Joe

via jmg: Bill Clinton: I Regret DADT

Saying that he only reluctantly signed DADT into law when it became clear that Congress would impose an outright ban on gays in the military if he didn't, former President Bill Clinton told CBS News last night that he regretted his role in the creation of the bill. He also said that former Joint Chiefs Chairman Colin Powell was deceptive about how DADT would work. Transcript via the Advocate:

“Don't Ask, Don't Tell was only adopted when both Houses of Congress had voted by a huge veto-proof margin to legislate the absolute ban on gays in the military if I didn't do something else. So there's been a lot of rewriting history saying Bill Clinton just gave into that. That's just factually false. I didn't do anything until the votes were counted. Now, when Colin Powell sold me on Don't Ask, Don't Tell, here's what he said it would be: Gay service members would never get in trouble for going to gay bars, marching in gay rights parades as long as they weren't in uniform. That was what they were promised. That's a very different Don't Ask, Don't Tell than we got."

Labels: Bill Clinton, Colin Powell, DADT, LGBT rights

reposted from Joe