Judge: military's ban on gays unconstitutional

The Washington Post reports that "a federal judge in Southern California has declared the U.S. military's ban on openly gay service members unconstitutional."


U.S. District Judge Virginia Phillips on Thursday granted a request for an injunction halting the government's "don't ask, don't tell" policy for gays in the military.

Phillips says the policy doesn't help military readiness and instead has a "direct and deleterious effect" on the armed services.

In other news, Monica Marie Marquez has been named to replace retiring Colorado Supreme Court Chief Justice Mary Mullarkey. Marquez will be the first Latina and first openly gay justice. "Marquez has bridged the administrations of Democrat Ken Salazar and Republican John Suthers in the attorney general’s office."

Comments (6)

This probably will not be published on this site, but when I was in the Army stationed as a company commander in Korea, we had several Korean Army personnel attached to my unit called KATUSAs (Korean Augmentation to the U. S. Army). These Koreans work, ate, and lived along side the American GIs. Homosexuality was permitted in the Korean Army, and some of these soldiers were gay. It created a lot of dissention among the American GI’s. These Koreans did not fall under the UCMJ, and I had no command authority over them as I did the Americans.

This had a morale impact upon my unit. It took attention away from the unit’s mission to deal with this situation. Many soldiers of my command were very young and impressionable, and after having it explained they were still not satisfied. Some of the GI, not just in my unit, but in several other units had punishment imposed upon some soldiers for their overt action against the Koreans. These were otherwise very good soldiers, that performed their duties well, but as a result left the Army with blemishes upon their records.

I sincerely hope the higher courts throw out the decisions of the lower courts so that our present military commanders can spend more time concentrating on their missions rather than having to deal with what I and other commanders had to deal with, and having to blemish otherwise very good soldiers and their records.

Walter Rotsch

So what's your point? That American homophobic bullies who beat up some of our allies should have been given a pass? Or is it that homophobia itself should be given a pass by the military? Or perhaps it is that blaming the victim is good for military discipline. You lost me on this one.

I disagree with Walter too!

Rather than invite homophobes to get over it, we make policies around their smallness no matter whose rights are violated. That's unjust and reinforces ignorant attitudes. Gay folks generally don't want to make out on the battlefield. Biggots are the ones who need to be challenged to grow up, even military biggots.

Homosexuality has been permissible in the British Armed Forces for just over 10 years now. This was also as a result of a legal decision, from the European Court of Human Rights, rather than part of general societal change (unlike the earlier decriminalisation.)

I haven't heard any suggestions, even from my American colleagues, that that particular change has ruined us as a fighting force. Which considering what they do say about our un-uniform uniforms and general refusal to shave our heads ...

And what was true in 1950 is, hopefully, significantly less true in 2010 (and let's not forget the xenophobic element in the Korean case).

I don't know when Walter served in the US Army, but it's the "very young and impressionable" soldiers today who are the LEAST homophobic (or maybe that's Walter's problem w/ 'em!)

JC Fisher

["This probably will not be published on this site": extra points for your paranoia and "victim"-hood, Walter. Poor baby!]

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