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Paradigm shift in global gay rights
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I did more research into this [quote]DL...why has the US supreme court in their supreme intelligence regarding law want to keep gays in the closet in the military .... 3rd request. Answer this too Webshaman. Why is this Supreme court ruling good for our US of A.[/quote] It turns out that the issues are quite complex, at the moment, with multiple cases all intertwined with one another. url=http://online.wsj.com/article/SB124268952606832391.html]Obama Avoids Test on Gays in Military [/url] Apparently, Jade, you do not understand quite what is happening and has happened (but that should not be all that surprising). [quote]In the appeals court case last year, the Bush administration argued that Air Force Maj. Margaret Witt, who was discharged after authorities discovered she had a relationship with a woman, had no grounds to challenge her expulsion in light of congressional findings that gays and lesbians in uniform "create an unacceptable risk" to military morale and "unit cohesion." But the court ordered the government to show why military discipline would be imperiled by the specific presence of Maj. Witt. President Obama faced an early March deadline to file an appeal to the Supreme Court. Obama aides twice filed requests asking for a one-month extension, which the court granted. The administration let the most recent deadline pass without seeking another extension. A Justice Department spokeswoman said the government would defend the law at the trial over Maj. Witt's dismissal. The decision not to appeal to the Supreme Court "is a procedural decision made because the case is still working its way through the regular judicial process," she said.[/quote] Now, if you read down a bit you will find : [quote]Other priority issues for gay advocates loom as well. Mr. Obama will soon nominate a new Supreme Court justice, who will likely be forced to answer questions by the Senate about his or her view of various gay-rights issues that may arise -- particularly the constitutionality of bans on gay marriage, which has advanced in many states in recent months. The administration also must decide whether to allow gay and lesbian partners of workers at the federal court to qualify for health-care benefits.[/quote] It is always wise to delay things until one has a stronger hand to deal with ;) [quote]The Ninth U.S. Circuit Court of Appeals had rejected similar suits in the 1990s. In its May 2008 ruling, the appeals court said the Supreme Court changed the legal landscape in 2003, when, in striking down a Texas sodomy law, it found that homosexuals had a constitutional right "to engage in their conduct without the intervention of the government." Citing that case, the Ninth Circuit held that the government would have to do more than show that the "don't ask, don't tell" law furthered an important interest. Rather, at trial it must show how expelling Maj. Witt "significantly furthers the governments' interest and whether less intrusive means would" have worked just as well. "Only then can DADT be measured against the appropriate constitutional standard," Judge Ronald Gould wrote for the court. The ruling suggested the judges were skeptical that Maj. Witt, a nurse, posed a threat to military discipline.[/quote] [url=http://faq.ozoneasylum.com/397/]WebShaman[/url] | [i]The keenest sorrow (and greatest truth) is to recognize ourselves as the sole cause of all our adversities. - Sophocles[/i]
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