U.S. Generals vs "Don't Ask, Don't Tell": Keep Ban During Wartime

U.S. Generals: Don't Rescind Military Gay Ban


The top uniformed leaders of the United States Air Force, Army and Marine Corps warned Congress on Friday that repealing "don't ask, don't tell" now would hurt the military's ability to fight the war in Afghanistan.

The service chiefs put themselves squarely opposed to their civilian bosses on one of President Barack Obama's top legislative priorities. The testimony before the Senate Armed Services Committee was likely to bolster congressional opposition to the change.

"I cannot reconcile, nor turn my back, on the negative perceptions held by our Marines who are most engaged in the hard work of day-to-day operations in Afghanistan," Marine commandant Gen. James Amos said, citing a Pentagon survey that found 58 percent of Marines and 48 percent of Army respondents think lifting the ban would have negative consequences.

"Successfully integrating gays and lesbians into small Marine combat units has strong potential for disruption and will no doubt divert leadership attention away from an almost singular focus of preparing units for combat," Amos said.

Gen. George Casey, chief of staff of the Army, and Gen. Norman Schwarz, Air Force chief of staff, agreed.

"Implementation of the repeal of 'don't ask, don't tell' would be a major cultural and policy change in the middle of a war," Casey said. "It would be implemented by a force and leaders that are already stretched by the cumulative impacts of almost a decade at war."

Republican opponents of repeal said the Joint Chiefs' testimony confirmed their argument that lifting the ban would have negative consequences for the military.

"I will not agree to have this bill go forward, and neither will, I believe, 41 of my colleagues, either, because our economy is in the tank," said Sen. John McCain of Arizona, the ranking Republican on the Armed Services Committee. "Our economy is in the tank, and the American people want that issue addressed."

Even the heads of the Navy and Coast Guard, who said they favor repealing the ban on gays and lesbians serving openly in the military, warned that the change must be undertaken cautiously.








View Larger Map


Sources: CNN, Fox News, McClatchy Newspapers, PBS, Youtube, Google Maps

GOP Vows To Block Democrats' Legislative Social "Wish List"

Visit msnbc.com for breaking news, world news, and news about the economy

U.S. Senate GOP Pledges To Block All Bills Until Tax Dispute Resolved


U.S. Senate Republicans promised Wednesday to block legislative action on every issue being considered by the lame-duck Congress until the dispute over extending the Bush-era tax cuts is resolved and an extension of current government funding is approved.

All 42 Senate Republicans signed a letter to Senate Majority Leader Harry Reid, D-Nevada, vowing to prevent a vote on "any legislative item until the Senate has acted to fund the government and we have prevented the tax increase that is currently awaiting all American taxpayers."

"With little time left in this congressional session, legislative scheduling should be focused on these critical priorities. While there are other items that might ultimately be worthy of the Senate's attention, we cannot agree to prioritize any matters above the critical issues of funding the government and preventing a job-killing tax hike," the letter said.

The 2001 and 2003 tax cuts enacted by former President George W. Bush will expire after December 31 if Congress fails to reach an agreement on their extension. Top Democrats and Republicans disagree sharply over whether the current tax rates should be extended just for families earning $250,000 or under per year or for everyone regardless of income.

Republicans contend that a failure to extend all of the tax cuts would hamper an already-sluggish economy. President Barack Obama and Democratic congressional leaders argue that the roughly $700 billion price tag attached to an extension of the tax cuts for the wealthiest Americans would be fiscally irresponsible.

White House and congressional tax negotiators began deliberations Wednesday morning. Treasury Secretary Tim Geithner characterized the initial talks as "very civil" and said that while everything was discussed, there were no surprises.

House Democrats, meanwhile, announced their intention to move forward with a vote Thursday to permanently extend the breaks only for families earning $250,000 or less.

Speaker Nancy Pelosi, D-California, called the move necessary to show "our position very clearly that Democrats support tax cuts for the middle class."

House Minority Whip Eric Cantor, R-Virginia, called it a "non-starter" and "political chicanery" that threatened to undermine the talks.

On the spending side, a continuing resolution responsible for funding the government is scheduled to expire Friday.

Democrats are trying to pass several pieces of legislation before a more Republican Congress is sworn in in January, including the START nuclear arms treaty with Russia, a repeal of the ban on gays and lesbians serving openly in the military, and the so-called DREAM Act, which would create a path to citizenship for young illegal immigrants.

Reid blasted the GOP letter on the Senate floor Wednesday morning, calling it part of a "cynical" and transparent" Republican strategy to "obstruct" and "delay" legislative progress while blaming the Democrats for failing to effectively govern.

"Last month, the American people issued their verdict on the Democrat's priorities," replied Senate Minority Leader Mitch McConnell, R-Kentucky. "We need to show the American people that we care more about them and their ability to pay their bills than we do about the special interests' legislative Christmas-list."


Sources: CNN, Fox News, Huffington Post, MSNBC, Youtube, Google Maps

Martha Witt's Reinstatement Halted By DOJ & U.S. Military

U.S. Air Force: Not So fast On Lesbian's Reinstatement!


The Air Force said Wednesday a lesbian flight nurse discharged under "don't ask, don't tell" must prove she is still qualified and pass a medical exam before it will consider reinstating her.

U.S. District Judge Ronald Leighton in Tacoma ruled two months ago that former Maj. Margaret Witt's firing violated her rights, and he ordered that she be given her job back as soon as she put in enough nursing hours to meet qualifications for the position.

The Justice Department appealed that ruling Tuesday. But government lawyers did not seek a stay that would put the judge's order on hold.

Witt's lawyers celebrated the ruling, saying it meant she could be reinstated even as the appeal proceeds.

The Air Force issued a statement Wednesday saying that if Witt meets her nursing qualifications, military officials and the Justice Department will reconsider whether to seek a stay.

"To date, she has provided the Air Force no evidence that she meets the qualifications necessary to serve as an Air Force flight nurse, nor has she passed a medical physical which is also a prerequisite to her reinstatement," said the statement released by Lt. Col. Karen A. Platt.

Witt's lawyers with the American Civil Liberties Union of Washington said they'd fight any effort to keep their client from resuming her duties during the appeal. They noted that the judge found that her dismissal advanced no legitimate military interest, and to the contrary actually hurt morale in her unit at Joint Base Lewis-McChord.

"We do not foresee a problem in Maj. Witt getting reinstated," ACLU spokesman Doug Honig said. "We will present the Air Force with evidence showing she meets the nursing hours requirements and she will pass the physical."

Witt was suspended in 2004 and subsequently discharged after the Air Force learned she had been in a long-term relationship with a civilian woman.

If Witt is reinstated, she would be serving openly at a time when the military's policy on gays is in disarray. President Obama and Defense Secretary Robert Gates want to end the ban, but say it should be done through Congress, not the courts.

A federal judge in California has declared the 1993 "don't ask, don't tell" law unconstitutional — a ruling the DOJ is also appealing. In the meantime, the Pentagon has implemented new guidelines that have drastically cut the number of gays being dismissed under the policy.

The Pentagon plans to release a monthslong study Nov. 30 on how lifting the gay service ban would affect the armed forces.

"Don't ask" prohibits the military from asking about the sexual orientation of service members but allows the discharge of those who acknowledge being gay or are discovered to be engaging in homosexual activity.


View Larger Map


Sources: MSNBC, Youtube, Google Maps

Reid To Push For DADT Repeal After Thanksgiving

Visit msnbc.com for breaking news, world news, and news about the economy

Visit msnbc.com for breaking news, world news, and news about the economy

Reid To Push DADT Repeal


Senate Majority Leader Harry Reid (D- Nevada) has said he will try to bring a measure to repeal the controversial Don't Ask, Don't Tell policy - which prevents gays from serving openly in the military– to the Senate floor after Thanksgiving.

"During the work period following the Thanksgiving holidays, I will bring the Defense Authorization bill to the floor, including a repeal of 'Don't Ask, Don't Tell.' Our Defense Department supports repealing 'Don't Ask, Don't Tell' as a way to build our all-volunteer armed forces. We need to repeal this discriminatory policy so that any American who wants to defend our country can do so," Reid said in a statement.

Reid will need 60 votes to bring the measure to the floor if those who oppose the repeal, including Senator John McCain (R-Arizona), decide to keep their promise to block it.

Senator Carl Levin (D- Michigan), the Chairman of the Armed Services Committee who supports repealing the law, earlier discussed two methods that supporters of a repeal could use to bring the measure to the floor. Both avenues face hurdles.

One plan would include a repeal of DADT as part of the Department of Defense Authorization bill– a move which could help passage as senators who oppose it would be forced to make a politically risky vote against military spending as well. Opponents, including McCain, have criticized such a plan.

On Tuesday, Levin told reporters on Capitol Hill that it is possible the vote on repeal could be considered separately from the defense authorization bill. Supporters of repeal have expressed concern that presenting it as a stand alone measure may result in fewer votes.

Levin responded to Reid's statement on Wednesday.

“I welcome Senator Reid’s announcement that he will bring up the National Defense Authorization Act after Thanksgiving. I will work hard to overcome the filibuster so that “Don’t Ask, Don’t Tell” is repealed and the NDAA - which is critical to our national security and the well-being of our troops - is adopted," Levin said in a statement.

“I have asked Senator Reid to make his motion to bring up the matter after my committee and the public have received the defense department’s report and following the hearings that I plan to hold on the matter, which should take place during the first few days of December.”

Several senators on the fence about the repeal have stated that they are waiting for a report by the military, expected December 1, on the impact of a proposed repeal, before they will make a decision.


Sources: CNN, MSNBC

"Don't Ask, Don't Tell" Upheld By U.S. Supreme Court

U.S. Supreme Court Ruling Keeps Ban On Gays From Openly Serving In The Military


The U.S. Supreme Court ruled Friday that a controversial law prohibiting homosexuals from openly serving in the armed forces can remain in place while the government appeals a Federal Judge's decision striking down the "Don't Ask, Don't Tell" Act.

A gay rights group asked the high court to overturn a stay order from the Ninth Circuit U.S. Court of Appeals keeping the law in effect while that court reviews the case. The petition from the Log Cabin Republicans was presented to Justice Anthony Kennedy who is responsible for handling emergency requests out of the Ninth Circuit.

Kennedy's order simply said, "the application to vacate the stay entered by the United States Court of Appeals for the Ninth Circuit on November 1, 2010, presented to Justice Kennedy and by him referred to the Court is denied." The order also noted that Justice Elena Kagan, who until this summer was Solicitor General, didn't take part in the case.

In September, Judge Virginia Phillips said the law was unconstitutional because it infringes on the fundamental rights of gay service members and concluded that the policy does not improve military readiness or unit cohesion. More than 13,000 people have been forced out since the law took effect in 1993.

Judge Phillips then ordered that the military immediately stop enforcing the law but her ruling was enjoined by the Ninth Circuit on November 1. Friday's ruling by the Supreme Court affirms the Ninth Circuit's decision to maintain the status quo while the government appeals the initial judgment invalidating the law.

The Obama Administration has defended the law in every court proceeding even though it has publically voiced its opposition to it and its desire to have Congress repeal the measure. It's unclear what impact the recent election results will have on that pursuit.







Why Obama Pushed To Reinstate Don't Ask, Don't Tell

A Federal Appeals Court has, at the urging of the White House, granted a temporary stay on an Oct. 12 order by a district court judge to stop enforcing "don't ask, don't tell," which bars openly gay men and women from serving in the military. Many observers are surprised to see the Obama administration, which has opposed the policy and sought its repeal through Congress, lobbying the appeals court to keep the ban in place.

The stay is temporary and is designed to maintain the status quo until the appeal court can formally review the policy. The Pentagon announced on Wednesday that it would begin allowing openly gay recruits; the New York Times reports that this court stay "almost certainly means the government will go back to enforcing" don't ask, don't tell. Here's what people are saying about this development and what it means for the controversial policy.


Obama Explains the Move.

The Associated Press's Lisa Leff reports, "President Barack Obama said last week that the Clinton-era law 'will end on my watch' but added that 'It has to be done in a way that is orderly, because we are involved in a war right now.'

He said he supports repeal of the policy, but only after careful review and an act of Congress. ... Government lawyers argue that striking down the policy and ordering the Pentagon to immediately allow openly gay service members could harm troop morale and unit cohesion when the military is fighting two wars."

The Department of Justice issues a statement:

“Proper implementation of ‘Don’t Ask, Don’t Tell’s’ repeal cannot occur overnight,” the Justice Department filing says, indicating that the amount of time needed to end the policy is the subject of a Pentagon working group review due out on December 1.

“An abrupt, court-ordered end to the statute would pretermit (sic) the Working Group’s efforts to ensure that the military completes development of the necessary policies and regulations for a successful and orderly implementation of any repeal of § 654. The significant impairment of the Department’s efforts to devise an orderly end to the statute would cause irreparable harm,” the Justice Department wrote.


Legal Complications if DADT Repealed Too Quickly.

The New York Times' Sabrina Tavernise and John Schwartz write, "Military officers have argued that if the change is made too quickly, it will place the military on a collision course with federal statutes. Families and spouses of soldiers have access to benefits like housing, health care and education through marriage, which the federal government does not recognize for same-sex couples."

Now Obama Owns a Policy He Opposes.

The American Prospect's Adam Serwer warned before the White House secured its sought-after stay, "if the administration successfully appeals Judge Phillips's decision, it will find itself obligated to enforce a policy the president himself says he opposes and that he says undermines national security, a policy with no empirical, legal, or moral basis.

The administration will have effectively instituted its own Proposition 8, retroactively denying rights to individuals who already have them. That will be significantly harder to explain or justify than simply maintaining the status quo. After having promised to repeal DADT, Obama would be responsible for its ongoing survival."


Obama Is Losing Control.

Liberal blogger Joe Sudbay fumes, "Well, DADT is the law of the land again -- at least for now. This has gotten absurd. The White House has lost control of this situation and it looks bad. I hope whoever concocted the Obama administration's strategy on DADT (and those who enabled it, meaning HRC and Winnie Stachelberg at CAP) grasp the magnitude of how screwed up this is. The people who are suffering here are the men and women who are willing to put their lives on the line for the rest of us.



View Larger Map


Sources: AP, Atlantic Wire, CNN, Democracy Now, Fox News, MSNBC, Youtube, Google Maps

"Don't Ask, Don't Tell" Upheld By Appellate Court: 9th Circuit

Appellate Panel Says "Don't Ask, Don't Tell" Should Stay During Appeal


A Federal Appeals Court sided with the U.S. Government Monday, allowing the U.S. Military to maintain its "Don't Ask, Don't Tell" Policy during an appeal of a lower court ruling that the law barring openly Gay and Lesbian Soldiers is Unconstitutional.

The ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals means that the policy remains in place while the government appeals a federal judge's ruling against it. One of the three judges on the panel dissented against parts of Monday's decision.

In response to the panel's ruling, the Log Cabin Republicans, a GOP gay rights group that filed the lawsuit against the "don't ask, don't tell" policy, can now appeal it to the full 9th Circuit appellate court and or make an emergency application directly to the U.S. Supreme Court.

Dan Woods, an attorney with White & Case who represents the Log Cabin Republicans, said the appeal would continue and he raised the possibility of seeking emergency relief from the nation's highest court.

"We will continue to fight on for the constitutional rights of these Americans and look forward to a favorable decision on the merits of the appeal," Woods said in a statement. "Meanwhile, we will discuss the court's order with our client to determine whether we will ask for a review of the order by the U.S. Supreme Court."

In Monday's ruling, the judges said they had to weigh the harm of continuing the "don't ask, don't tell" policy against the potential harm in forcing the military to drop the policy before it is ready.

"We conclude that the government's colorable allegations that the lack of an orderly transition in policy will produce immediate harm and precipitous injury are convincing," the ruling said. "Colorable" means the court believes the allegations have a reasonable chance of being found valid.

"We also conclude that the public interest in ensuring orderly change of this magnitude in the military -- if that is what is to happen -- strongly militates in favor of a stay," the ruling said.

Pentagon spokesman Col. Dave Lapan told CNN in an e-mail message that the appellate panel's decision was "appropriate."

In their ruling, the judges also noted that legislation pending before Congress to repeal the policy would render the case before them moot.

The House has passed a repeal provision, and the Senate is expected to consider it as part of a broader defense authorization bill when it returns for a lame-duck session in mid-November.

President Barack Obama wants to repeal the "don't ask, don't tell" policy and reached an agreement with Defense Secretary Robert Gates and Adm. Mike Mullen,the chairman of the Joint Chiefs of Staff, on a process that includes a military review of how to make a successful transition to openly gay and lesbian soldiers serving alongside straight colleagues. Obama, Gates and Mullen would then have to certify the repeal.

The case puts Obama's administration in an unusual position of supporting a repeal but filing court motions to prevent it from happening faster than planned. The legislation before Congress includes the process for repeal agreed to with Gates and Mullen.

In response to the court case, Gates recently raised the level at which gay and lesbian troops can be discharged under "don't ask, don't tell" by ordering that it only be done by the secretaries of the Army, Navy and Air Force.

In a memo written to the heads of all the military services, Gates said his action was taken in direct response to the legal uncertainty surrounding "don't ask, don't tell" law and policy.

"Effective immediately and until further notice, no military member shall be separated ... without the personal approval of the secretary of the military department concerned, in coordination with the under secretary of Defense for personnel and readiness and the general counsel of the Defense Department. These functions may not be delegated," Gates wrote.


Sources: CNN, ForaTV, PBS News, Youtube

Obama Loses Control Of "Don't Ask, Don't Tell" Debate

Why Obama Pushed To Reinstate Don't Ask, Don't Tell

A Federal Appeals Court has, at the urging of the White House, granted a temporary stay on an Oct. 12 order by a district court judge to stop enforcing "don't ask, don't tell," which bars openly gay men and women from serving in the military. Many observers are surprised to see the Obama administration, which has opposed the policy and sought its repeal through Congress, lobbying the appeals court to keep the ban in place.

The stay is temporary and is designed to maintain the status quo until the appeal court can formally review the policy. The Pentagon announced on Wednesday that it would begin allowing openly gay recruits; the New York Times reports that this court stay "almost certainly means the government will go back to enforcing" don't ask, don't tell. Here's what people are saying about this development and what it means for the controversial policy.


Obama Explains the Move.

The Associated Press's Lisa Leff reports, "President Barack Obama said last week that the Clinton-era law 'will end on my watch' but added that 'It has to be done in a way that is orderly, because we are involved in a war right now.'

He said he supports repeal of the policy, but only after careful review and an act of Congress. ... Government lawyers argue that striking down the policy and ordering the Pentagon to immediately allow openly gay service members could harm troop morale and unit cohesion when the military is fighting two wars."

The Department of Justice issues a statement:

“Proper implementation of ‘Don’t Ask, Don’t Tell’s’ repeal cannot occur overnight,” the Justice Department filing says, indicating that the amount of time needed to end the policy is the subject of a Pentagon working group review due out on December 1.

“An abrupt, court-ordered end to the statute would pretermit (sic) the Working Group’s efforts to ensure that the military completes development of the necessary policies and regulations for a successful and orderly implementation of any repeal of § 654. The significant impairment of the Department’s efforts to devise an orderly end to the statute would cause irreparable harm,” the Justice Department wrote.


Legal Complications if DADT Repealed Too Quickly.

The New York Times' Sabrina Tavernise and John Schwartz write, "Military officers have argued that if the change is made too quickly, it will place the military on a collision course with federal statutes. Families and spouses of soldiers have access to benefits like housing, health care and education through marriage, which the federal government does not recognize for same-sex couples."

Now Obama Owns a Policy He Opposes.

The American Prospect's Adam Serwer warned before the White House secured its sought-after stay, "if the administration successfully appeals Judge Phillips's decision, it will find itself obligated to enforce a policy the president himself says he opposes and that he says undermines national security, a policy with no empirical, legal, or moral basis.

The administration will have effectively instituted its own Proposition 8, retroactively denying rights to individuals who already have them. That will be significantly harder to explain or justify than simply maintaining the status quo. After having promised to repeal DADT, Obama would be responsible for its ongoing survival."


Obama Is Losing Control.

Liberal blogger Joe Sudbay fumes, "Well, DADT is the law of the land again -- at least for now. This has gotten absurd. The White House has lost control of this situation and it looks bad. I hope whoever concocted the Obama administration's strategy on DADT (and those who enabled it, meaning HRC and Winnie Stachelberg at CAP) grasp the magnitude of how screwed up this is. The people who are suffering here are the men and women who are willing to put their lives on the line for the rest of us.



View Larger Map


Sources: AP, Atlantic Wire, CNN, Democracy Now, Youtube, Google Maps

Virginia A. Phillips: "Don't Ask, Don't Tell" Judge Denies Stay

"Don't Ask, Don't Tell": An End To Court Deference To The U.S. Military?



President Obama's battle over gays in the military escalated on Tuesday, as a federal judge refused to back down from her order to stop the enforcement of "Don't ask, don't tell" and the Pentagon for the first time ordered recruitment centers across the country to welcome potential recruits who are openly gay or lesbian. The Pentagon's guidance to recruiters was a remarkable development, ending — for the moment — a blanket ban on gays serving openly in the military, even as the Obama Administration scrambled to put the ban back in place.

The Pentagon's message to recruiters warned that while they were to welcome gay potential recruits, they must also notify those would-be soldiers, sailors and Marines that if the Obama Administration succeeds in putting Judge Virginia Phillips' decision on hold or, ultimately, has it reversed, their enlistments will be stopped. But Phillips has rebuffed the Obama Administration's efforts to delay her ruling long enough to appeal. And in doing so, she has tossed aside muscular arguments from top military officials who warn of dire consequences if her ruling stands.

Her easy dismissal of such arguments comes on the heels of a string of other gay-rights rulings that appear to have outpaced the will of voters and state lawmakers alike. It has prompted some legal scholars to argue that the case's importance goes well beyond the legality of "Don't ask, don't tell." They say it also triggers key questions about the proper role of the judiciary and whether courts are losing their reluctance to interfere in military policymaking, even in times of war.

Throughout the 20th century, the Supreme Court deferred again and again to the military when it came to setting important policy, even when those policies apparently conflicted with fundamental rights. For instance, the court upheld rules denying Jewish soldiers the right to wear a yarmulke; it allowed rules limiting the roles women can play in combat; and, infamously in the case of Korematsu v. United States, it deferred to the military's argument that Japanese Americans on the West Coast should be interred in camps during World War II.

"Part of what is interesting here is that while Judge Phillips' order formally puts 'Don't ask, don't tell' and its constitutionality front and center, right behind that issue are important questions about the deference shown by the judiciary to the military where a military policy has been duly enacted by the Congress and signed by a President into law," says Marc Spindelman of Ohio State University's law school. Those questions are likely being debated in the Justice Department as the Administration decides whether to make an immediate appeal of Phillips' decision to the Ninth Circuit Court of Appeals, or instead to simply seek more time to sort out its options by asking a special panel of higher-court judges to do what Phillips refused to do on Tuesday — stay her order until the matter can be resolved on appeal.

The President's decision about how to proceed will be made against a rising chorus of gay-rights groups and others who insist that he not appeal at all, a decision that would leave Phillips' order in place permanently and automatically make good on Obama's many promises to end discrimination against gays in the military. In the view of one leading constitutional scholar, the President's protestations that tradition requires him to defend the statute are unfounded. "It is entirely up to the President to decide whether or not to appeal," Dean Erwin Chereminsky of the University of California at Irving School of Law tells TIME. "The President takes an oath to uphold the Constitution and need not defend laws that he believes are unconstitutional. I think that if Obama wants an end to the policy, the simplest path is to not appeal the nationwide injunction."

But so far, Obama has insisted that he will appeal, in the hope that Congress, not the courts, will decide whether gays and lesbians can serve openly in the military.



So what's the next step? Chances are, the Administration won't appeal the full ruling — not yet. Instead, the Justice Department will likely ask judges from the Ninth Circuit Court of Appeals to review Phillips' refusal to stay her order. That's a procedural matter that will be handled by a special rotating panel of three judges. Two of the judges serving this month — Circuit Judge Diarmuid F. O'Scannlain and Senior Circuit Judge Stephen S. Trott — were put on the bench by Ronald Reagan; the third, Circuit Judge William Fletcher, was nominated by Bill Clinton.

"Everything always comes down to which judges are deciding," says Vikram Amar, associate dean for academic affairs at the University of California at Davis School of Law. "Especially in this case, where the legal standards are not so self-executing, it really does depends on who you draw. Any of the conservatives on the Ninth Circuit are going to be more likely to give the military deference." No matter what happens with the stay, Amar says it's likely the Ninth Circuit will speed up review of Obama's promised appeal, probably setting oral arguments within a few months, just as it did with the Prop 8 gay-marriage case that is currently being appealed within the circuit.

Meanwhile, if Phillips' order stays in effect, things could get awkward for both the military and Obama. Douglas Smith, a spokesman for the U.S. Army Recruitment Command at Fort Knox in Kentucky, tells TIME that recruits who are open about their sexual orientation won't be turned away while the judge's order is in effect. "We continue to not ask what one's sexual orientation is," Smith says. "And if an applicant tells us they are gay or lesbian or bisexual, we are going to say O.K. and process their applications like any other applicant."

Obama has repeatedly insisted that "Don't ask, don't tell" is ripe for repeal. Now supporters are asking why, if the President is truly serious about a repeal, his Defense Secretary is issuing warnings that Phillips' ruling could have dire consequences for the military.

Chereminsky, for one, calls the Administration's response hypocritical. "I think it is stunningly hypocritical for the President to say [the policy] should be ended and for the Secretary of Defense to say that ending it would harm national security," he says. "It is strange that Secretary Gates now says that ending 'Don't ask, don't tell' will harm the military. The government presented no such evidence in court. Second, there is no reason why this is inherently more [appropriate] for Congress than the courts. Federal courts decide issues of rights — such as here, the First Amendment — all the time."

Whatever strategy the White House ultimately adopts in the case, Phillips' ruling, and her insistence on Tuesday that it be respected despite the military's objections, has added gasoline on a fire over gay rights that Obama has tried to keep to a low burn since his election. As the parade of gays and lesbians entering recruitment centers looking for enlistment papers swells in the coming days, that blaze will only get bigger — and probably harder to extinguish.



View Larger Map


Sources: AP, CNN, TIME, Youtube, Google Maps

Obama's Awkward "Don't Ask, Don't Tell" Repeal Legal Dilemma

Obama Requests Emergency Stay Of "Don't Ask, Don't Tell" Order

Finding itself in a strange legal position, the Obama Administration filed an emergency request Wednesday with the 9th Circuit Court of Appeals to stop the military from allowing openly gay troops from serving.

In effect, the administration wants to continue barring gays from the military even though it ultimately favors repealing the policy known as "don't ask, don't tell."

"They are in a very bizarre position, frankly of their own making," said CNN senior legal analyst Jeffrey Toobin.

In court documents filed in San Francisco, California, the administration argued that don't ask, don't tell should remain intact for now.

The administration argued that changing it abruptly "risks causing significant immediate harm to the military and its efforts to be prepared to implement an orderly repeal of the statute."

Toobin said the administration would like Congress to deal with the issue on a political level and doesn't want the courts to take it on unilaterally.

The administration had already filed a motion Tuesday asking U.S. District Court Judge Virginia Phillips to stay her order last month that banned the enforcement of the policy.

When Phillips denied the request, government lawyers took their case to the 9th Circuit.

If the 9th Circuit overturns Phillips' ruling and Congress does not take any action, then don't ask, don't tell could be back.

"And the Obama administration would be responsible for that," Toobin said.

The Log Cabin Republicans, plaintiffs in the case that Phillips ruled on, said Wednesday that the group remained fully committed to defending this worldwide injunction because it is what is best for all service members.

"It respects their fundamental constitutional rights," said Christian Berle, deputy executive director of the group. "We'll continue to defend this ruling all the way to the United States Supreme Court if necessary."

The group was expecting the 9th Circuit to consider the request for a stay in the next five days. By the time there is a court ruling, don't ask, don't tell would have been suspended for almost two weeks.

The Pentagon has already begun advising recruiting commands that they can accept openly gay and lesbian recruit candidates, according to a Pentagon spokeswoman.

The guidance from the personnel and readiness office was sent to recruiting commands Friday, according to spokeswoman Cynthia Smith.

The recruiters were told that if a candidate admits he or she is openly gay, and qualify under normal recruiting guidelines, their application can be processed. Recruiters are not allowed to ask candidates if they are gay as part of the application process.

Berle said so far, there have not been any incidents of consequence the administration feared would occur.

"The armed forces continues to move along and succeed because it is the greatest military in the world," Berle said.

Dan Choi, an infantry officer who was discharged under the don't ask, don't tell policy, turned in paperwork Wednesday to re-enlist in the Army. He said the Obama administration ought not to lift a finger to defend discrimination.

"They should walk their talk," Choi told CNN after re-enlisting.

The Obama administration has said it needs more time to work with the Pentagon to repeal the policy, blasted by critics as blatantly discriminatory.

"This president has made a commitment, and it's not a question of whether that program, whether that policy will change, but when," Obama adviser David Axelrod told CNN. "We're at the end of a process with the Pentagon to make that transition, and we're going to see it through."


Sources: CNN

U.S. Military Recruiters Accept Gay Applicants: Obama Appeals

U.S. Military Recruiters Told To Accept Gay Applicants, As Gov't Appeals Court Decision


U.S. Defense Department said Tuesday that it is accepting openly gay recruits, but is warning applicants they might not be allowed to stick around for long.

Following last week's court ruling that struck down a 1993 law banning gays from serving openly, the military has suspended enforcement of the rule known as "don't ask, don't tell." The Justice Department is appealing the decision and has asked the courts for a temporary stay on the ruling.

The Defense Department said it would comply with the law and had frozen any discharge cases. But at least one case was reported of a man being turned away from an Army recruiting office in Austin, Texas.

Pentagon spokeswoman Cynthia Smith on Tuesday confirmed that recruiters had been given top-level guidance to accept applicants who say they are gay.

Recruiters also have been told to inform potential recruits that the moratorium on enforcement of "don't ask, don't tell" could be reversed at any point, if the ruling is appealed or the court grants a stay, she said.

The uncertain status of the law has caused much confusion within an institution that has historically discriminated against gays. Before the 1993 law, the Defense Department banned gays entirely and declared them incompatible with military service.

Douglas Smith, spokesman for U.S. Army Recruiting Command based at Fort Knox, Ky., said even before the ruling recruiters did not ask applicants about their sexual orientation. The difference now is that recruiters will process those who say they are gay.

"If they were to self admit that they are gay and want to enlist, we will process them for enlistment, but will tell them that the legal situation could change," Smith said.

He said the enlistment process takes time and recruiters have been told to inform those who are openly gay that they could be declared ineligible if the law is upheld on appeal.

"U.S. Army Recruiting Command is going to follow the law, whatever the law is at the time," he said.

U.S. District Judge Virginia Phillips, who had ordered the military to stop enforcing "don't ask, don't tell," was expected to deny the administration's request to delay her order. That would send the case to the 9th Circuit Court of Appeals.

After Phillips' ruling last week, Omar Lopez — discharged from the Navy in 2006 after admitting his gay status to his military doctor — walked into an Army recruiting office in Austin and asked if he could re-enlist. He said he was up front, even showing the recruiters his Navy discharge papers.

"They just said, 'I can't let you re-enlist because we haven't got anything down from the chain of command,'" Lopez, 29, told the AP in a telephone interview. "They were courteous and apologetic, but they couldn't help me."

Smith was unable to confirm the account. She said guidance on gay applicants had been issued to recruiting commands on Oct. 15.


Sources: Chicago Tribune, CNN

Richard Burr Wins 2nd Debate Too: Pulls Democrats Voters (Videos)

Burr Says Second Senate Bid Is Part Of His Congressional Solution For North Carolina


When Richard Burr tells North Carolina voters he’s offered conservative leadership and effective service during his first U.S. Senate term, his supporters murmur agreement and offer anecdotes.

A veteran at a campaign rally event in Hendersonville thanks Burr for helping him get benefits. Another candidate explains Burr’s office cut red tape to help fly World War II veterans to Washington.

But as he seeks a second six-year term, Burr’s getting another message from an electorate restless even with his fellow Republicans: You’re on a short leash.

“If they don’t make the changes, then we’re going to vote them out like we’re voting the Democrats out this time,” says Tony Riffice, a 49-year-old unemployed carpenter from Forest City who spoke with Burr at a campaign stop in Rutherfordton.

Burr acknowledges Republicans fell short on carrying out the their fiscal principles when George W. Bush was president and they controlled Congress. And he agrees the criticism is fair game for Democratic challenger Elaine Marshall. But he contends he voted against bloated spending plans even before President Barack Obama was elected in 2008 or the Democrats took control of Congress in 2006.

“I don’t run from the blame when we had the White House and had the majority,” Burr, 54, said in an interview.

He believes he is still the best choice to help get the economy back on track. As he said during a recent debate, “If in fact you believe this country is headed in the right direction, if you’re supportive of a government that costs too much and that’s too large, then I’m not your candidate.”

Voter support is something Burr’s longtime friends believed he’d never need. After graduating from hometown Wake Forest University in Winston-Salem, Burr took a job at an appliance wholesaler, where he rose to national sales manager. Friends were floored when Burr said he would run for Congress in the early 1990s after increased frustration with tax increases.

Back in college, “Richard was not very interested in politics in those days,” said state Republican Party Chairman Tom Fetzer, who went to Wake Forest with Burr and considers him one of his closest friends. But “when he sets his mind on something, he gets real serious about it. “

He lost to incumbent Democrat Steve Neal in 1992, but Neal retired and Burr rode the Republican wave to victory two years later. In the House, he shepherded laws to modernize the Food and Drug Administration and a long-awaited buyout of the federal tobacco quota system.

The buyout helped with his 2004 Senate victory over former White House chief of staff Erskine Bowles. He’s shifted now to veterans and education issues and sits on the powerful Armed Services Committee. While mentioned briefly as a vice-presidential candidate in 2008, Burr is rarely in the national spotlight and has cultivated the persona of a policy wonk.

Democratic critics say he continues to value corporate interests who give him campaign money.

The nonpartisan Center for Responsive Politics said Burr’s campaign committee has collected more than $2 million from political action committees during the 2010 election cycle — ranking him seventh highest among Senate colleagues.

The American Conservative Union gave Burr a top 100 rating for his voting record in 2009. He scored only a 74 in 2008, in part for voting for the $700 billion bailout of the nation’s financial industry.

“I still believe today that if we had not done that, we would have had a financial meltdown,” he said. He voted for a resolution in 2009 that would have prevented the use of the funds to buy shares in banks, insurance companies and automobile makers.

Burr has changed little since 2004 except for a little more gray in his hair. He keeps to a campaign uniform of a navy blue jacket with a handkerchief in the front pocket, dress shirt, khakis and loafers with no socks. He’s apt to indulge in a pinch of smokeless tobacco between campaign stops.

Burr said he’s the same person compared to 2004 except that “over the six years I’ve learned to value much more the input of people.”

“I believe I’ve been a consistent voice for North Carolina, not just in the six years in the Senate, but in the 10 years in the House,” he said. “I come home every weekend. I work as hard as anybody in the state.”

At a rally in Hendersonville, tea party supporter and retiree Donna Massaria of Fletcher, stood and asked Burr whether he would pledge to end special spending earmarks in the federal budget. She voted for Democrats in 2008 but plans to vote Republican in 2010.

“Yes ma’am,” Burr replied.

“OK, we’re going to hold you to it,” warned Massaria, 63.


View Larger Map


Sources: WRAL, Youtube, Google Maps