July 7th, 2011
[Sorry folks, I thought I had posted this yesterday but I guess I forgot to hit “publish”]
From the LA Times
A federal appeals court in San Francisco issued a ruling Wednesday that ends enforcement of the law banning openly gay people from serving in the military, citing the Obama administration’s recent determination that gays and lesbians have suffered a history of discrimination.
The statute known as “don’t ask, don’t tell” was ruled unconstitutional by U.S. District Judge Virginia Phillips in September, and a ban on its enforcement was imposed a month later. The U.S. 9th Circuit Court of Appeals stayed Phillips’ ruling, though, while it was being appealed and to allow the Defense Department time to prepare for integrating gays into the armed services.
A three-judge panel of the appeals court lifted that stay in a two-page order Wednesday, granting a motion brought by the Log Cabin Republicans, a gay-rights advocacy group that sued the federal government over “don’t ask, don’t tell” seven years ago.
There are several reasons why this case is important.
First, should the Ninth Circuit uphold the victory as seems likely, it takes the matter out of the hands of any future hostile administration or Congress. While it’s unlikely that Congress would reinstate the ban, it removes the possibility.
As importantly, it alleviates the possibilities of delaying tactics or conditional reversal or partial retainment of discrimination. Matters of housing or full inclusion cannot be accepted as “policy” but would be held to the scrutiny of constitutional challenge and those establishing or administering such policy would keep that in mind.
But most importantly of all, I believe that this is the first time that a Federal Circuit Appellate Court has taken the position that a stay on the reversal of a discriminatory policy was more harmful to gay people than to those seeking to uphold the discrimination. THAT’S A BIGGIE, FOLKS. And it establishes a precedent that reflects an entire shift in perspective. The presumption no longer is in favor of the status quo.
Further, this is fascinating in that the Ninth Circuit cited the Administration’s new views about anti-gay discrimination requiring heightened scrutiny. Remember, the Ninth Circuit has yet to rule on the Perry v. Schwarzenegger appeal and (should the Proponents be deemed to have standing), if the same consideration is given then it seems likely that the ruling will stand.
And I would not be surprised it Olson and Boies immediately filed a motion to have the stay lifted on Perry.
UPDATE: The original title of this posting was inaccurate. The Ninth Circuit did not uphold Log Cabin’s victory over DADT but rather lifted the stay during appeal.
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
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In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.