Thursday, May 22, 2008

Court Rules Against Military Gays Policy

Court Rules Against Military Gays Policy
By Gene Johnson
Associated Press Writer
May 21, 2008

CBNNews.com - SEATTLE - The military cannot automatically discharge people because they're gay, a federal appeals court ruled Wednesday in the case of a decorated flight nurse who sued the Air Force over her dismissal.

The three judges from the 9th U.S. Circuit Court of Appeals did not strike down the military's "don't ask, don't tell" policy. But they reinstated Maj. Margaret Witt's lawsuit, saying the Air Force must prove that her dismissal furthered the military's goals of troop readiness and unit cohesion.

The "don't ask, don't tell, don't pursue, don't harass" policy prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or engaging in homosexual activity.

Wednesday's ruling led opponents of the policy to declare its days numbered. It is also the first appeals court ruling in the country that evaluated the policy through the lens of a 2003 Supreme Court decision that struck down a Texas ban on sodomy as an unconstitutional intrusion on privacy.

When gay service members have sued over their dismissals, courts historically have accepted the military's argument that having gays in the service is generally bad for morale and can lead to sexual tension.

But the Supreme Court's opinion in the Texas case changed the legal landscape, the judges said, and requires more scrutiny over whether "don't ask, don't tell" is constitutional as applied in individual cases.

Click here for the full story! (may need to disable pop-up blocker)

No comments:

Search the Bible

Lookup a word or passage in the Bible



BibleGateway.com
Include this form on your page
You scored as Reformed Evangelical. You are a Reformed Evangelical. You take the Bible very seriously because it is God's Word. You most likely hold to TULIP and are sceptical about the possibilities of universal atonement or resistible grace. The most important thing the Church can do is make sure people hear how they can go to heaven when they die.


What's your theological worldview?
created with QuizFarm.com

Ray Comforts Blog...