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Old 10-13-2010, 09:11 AM
 
9,803 posts, read 16,124,981 times
Reputation: 8266

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Quote:
Originally Posted by robbobobbo View Post
Federal judges have juridisction over federal law.

Now think: what is Don't Ask, Don't Tell?

It is a federal law, passed by Congress and President Clinton. The district courts absolutely have jurisdiction over DADT and the injunction is binding.
A Federal Law that applies only to the military.
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Old 10-13-2010, 09:14 AM
 
Location: Forests of Maine
37,273 posts, read 61,027,360 times
Reputation: 30164
Quote:
Originally Posted by chielgirl View Post
And what felonies would that be?
Having the ability not to hide who they are or their love for another human being?
During two of my tours I served Law Enforcement duties, and I assisted in the apprehension and investigations of US servicemembers who had been caught in the act of sodomy.
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Old 10-13-2010, 09:16 AM
 
5,391 posts, read 7,201,274 times
Reputation: 2857
Quote:
Originally Posted by marmac View Post
A Federal Law that applies only to the military.
And as a federal law, is under the jurisdiction of the federal courts. The military isn't some walled-off fourth branch of government.

Article III

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
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Old 10-13-2010, 09:17 AM
 
Location: Earth
24,620 posts, read 28,205,151 times
Reputation: 11416
Quote:
Originally Posted by forest beekeeper View Post
During two of my tours I served Law Enforcement duties, and I assisted in the apprehension and investigations of US servicemembers who had been caught in the act of sodomy.
A gay witch hunt scenario, or did you go after heteros, too?
No need to respond, I can guess the answer.
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Old 10-13-2010, 09:20 AM
 
Location: Va. Beach
6,392 posts, read 5,151,022 times
Reputation: 2283
Default The answer is -

Quote:
Originally Posted by MariannaH View Post
Sodomy laws... I think we know what happened to those! Hah. Since when can can the military enforce bull like this that has been struck down by the supreme court?
To join or stay in the military you have to sign a contract and agree to abide by the rules and specifications set forth on the military.

The military can kick you out if you are fat.

The Military can kick you out if you become disabled.

The Military can kick you out, if you think you have first amendment rights. (Remember this after he spoke HIS mind -
General Stanley McCrystal Submits Letter of Resignation

AND, the military can kick you out for violating the UCMJ, whether or not some judge likes it or not.
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Old 10-13-2010, 09:21 AM
 
9,803 posts, read 16,124,981 times
Reputation: 8266
Quote:
Originally Posted by robbobobbo View Post
And as a federal law, is under the jurisdiction of the federal courts. The military isn't some walled-off fourth branch of government.

Article III

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Why then can the military " discriminate" on age when accepting new applications?

How can the military enforce other military rules that are definitely unconstitutional in civilian life ?
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Old 10-13-2010, 09:21 AM
 
Location: Long Island
32,816 posts, read 19,380,047 times
Reputation: 9617
what will they say when the first 'openly' gay person gets SLAPPED with a sexual harrasment charge????
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Old 10-13-2010, 09:27 AM
 
42,732 posts, read 29,750,933 times
Reputation: 14345
Quote:
Originally Posted by workingclasshero View Post
what will they say when the first 'openly' gay person gets SLAPPED with a sexual harrasment charge????
"They" will say the same thing as when anyone else gets charged with sexual harrassment. "They" will allow the facts to speak for themselves. "They" will say that sexual harrassment is wrong and shouldn't be tolerated in the workplace. What will you say?
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Old 10-13-2010, 09:28 AM
 
Location: Albany, NY
723 posts, read 631,658 times
Reputation: 277
Quote:
Originally Posted by workingclasshero View Post
what will they say when the first 'openly' gay person gets SLAPPED with a sexual harrasment charge????
I would think that they would handle it the same as the numerous sexual harassment charges brought against straight soldiers. It's a matter of equality, after all.
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Old 10-13-2010, 09:29 AM
 
3,378 posts, read 3,695,600 times
Reputation: 710
Quote:
Originally Posted by DC at the Ridge View Post
"They" will say the same thing as when anyone else gets charged with sexual harrassment. "They" will allow the facts to speak for themselves. "They" will say that sexual harrassment is wrong and shouldn't be tolerated in the workplace. What will you say?
most military members will not "say" anything
They will probably take care of the problem in house
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