by Phil Willon - 19 October 2010 12 H.
Los Angeles Times
RIVERSIDE, California, a federal judge here who said "do ask, not explain" policy prohibiting gays army unconstitutional issued a provisional decision Monday, rejecting the request of the Federal Government to suspend its decision while the case is appealed.
U.S. District judge Virginia Phillips, said that the Government has not provided sufficient proof that her injunction to put an end to the policy would cause "irreparable harm" to the army or the appeal of the Government will be successful succès.Phillips intends to publish its final decision today.
Paul Freeborne American Prosecutor's Office has argued that the injunction immediately stop enforcement policy, which prohibits gay men and lesbians to openly serve in the army, threatened national security.
He urged Phillips, published last week, the injunction set aside his decision that the Government has appealed the decision and the injunction to the 9th u.s. Court of appeal.
A statement under oath, submitted to the Court, Clifford Stanley, Undersecretary of Defense of comprehensive military readiness has warned that an abrupt transition to restrict the Pentagon survey military commands work worldwide to determine how best to create a new policy that allows people who are openly gay to serve.
"The stakes are high and potential much harm that caution is needed," he said.
But Phillips Monday dismissed this judge argument.Le stated end made decision to discharge procedures and separation under "do ask, not explain", but it does not prohibit soldiers to develop a new policy or to educate personnel on the portion side by openly gay service members.
Phillips also noted that the Government has failed to produce evidence of the two-week trial showed that allowing gays in the military would affect military preparation or the cohesion of the troops.
"The arguments by the Government are vague... and belied by the evidence produced at trial," said Phillips.Elle also reprimanded for filing Federal lawyers do not their objections when considering the injunction.
In its initial decision of September 9, Phillips has found that a ban on gays was a "direct and deleterious effect" on the armed forces, including the dismissal of critical military personnel, such as translators.She noted that the Pentagon also violated the policy when it saw fit, consistently delaying discharge service members suspected of violating the law until they have completed their deployments and Iraq Afghanistan.
For the sitting of Monday Freeborne also pointed out that the judge had exceeded his authority by issuing an injunction in the world, rather than it limiting applicants in the case or the southern district of California.This argument will be a main aspect of the appeal of the Government.
Decision made President Barack Obama in a spot délicate.Fortement he was opposed to the policy of "do ask, not explain", once the appellant a threat to national security, but said that his administration had an obligation to defend the laws enacted by the Congress.
Meanwhile, army has suspended the implementation of the policy while the injunction Phillips is in place.
The policy challenge was filed in 2004 by the Log Cabin Republicans, the largest organization political gay GOP .c ' is the first successful broad constitutional challenge to the policy since the Congress adopted in 1993.
Dan Woods, Log Cabin Republicans lead prosecutor argued Monday during arguments that lift injunction judge "deprive their constitutional rights very patriotic American" and urged the judge to keep it in place.
Former President Bill Clinton has adopted the policy of "do ask, not explain" in 1993 as a practice reforms Army Research and unloading lesbiennes.Dans policy as gays and lesbians and gay keep secret of their sexual orientation, they are allowed to servir.Plus 13,000 members were discharged under the policy.
The House voted last spring, repeal the policy, contingent on the results of a study of the Pentagon to determine whether it can adapt to change without affecting the military preparation.
This study should be completed by décembre.La proposal was blocked on the floor of the Senate, although it may be reconsidered a lame-duck session after the November election.
This entry transmitted via the service for full-text RSS - if this is your content and you read on someone to another site, please read our FAQ page fivefilters.org/content-only/faq.php
Article five filters features: After Hiroshima - non-rapport Cancer Catastrophe of Fallujah.
No comments:
Post a Comment