{"id":7968,"date":"2010-11-08T00:30:34","date_gmt":"2010-11-08T05:30:34","guid":{"rendered":"http:\/\/christianfighterpilot.com\/blog\/?p=7968"},"modified":"2013-10-04T21:19:05","modified_gmt":"2013-10-05T00:19:05","slug":"dadt-case-goes-to-supreme-court","status":"publish","type":"post","link":"https:\/\/christianfighterpilot.com\/blog\/2010\/11\/08\/dadt-case-goes-to-supreme-court\/","title":{"rendered":"DADT Case Goes to Supreme Court"},"content":{"rendered":"

The Log Cabin Republicans have asked the US Supreme Court<\/a> to reinstate Judge Virginia Phillips’ injunction prohibiting the US military from enforcing its ban on open homosexual service.\u00a0 The military has said DADT will continue to be enforced<\/a> during appeal.<\/p>\n

In perhaps the supremest of ironies, the request lands on the desk of Supreme Court Justice Anthony Kennedy.\u00a0 Some have speculated that DADT would be 4-4 at the court, with Kennedy being the deciding vote.<\/p>\n

The filing demonstrates a self-righteous and self-centered attitude toward military service, as well as ignorance toward the military culture in general.\u00a0 In their justification for reinstating the injunction, the Plaintiffs said<\/p>\n

Phillips’ order “does not order the military to redesign its barracks, to retool its pay scales or benefits, to reordain its chaplains, to rewrite its already extensive anti-harassment or ‘dignity and respect'” rules, or anything else,” they said.<\/p><\/blockquote>\n

The Plaintiffs may have made the Defense’s case for them.\u00a0 While the ruling did not order<\/em> the military to do those things, it had an effect<\/em> on military policies and procedures that the LCRs seem to be intentionally dismissing.\u00a0 In the most obvious example, the court order did not order<\/em> the military to begin accepting declared homosexuals for enlistment, yet the military began to do that very thing.\u00a0 The effect<\/em> of the ruling was to eliminate the basis for denying those enlistments.<\/p>\n

The Supreme Court has long deferred to the military in its ability to make such logistical decisions.\u00a0 It has also deferred to Congress with respect to its Consitutional powers to raise armies.\u00a0 (In this case, even the Executive Branch wants the stay to stand<\/a>.)<\/p>\n

Despite the Plaintiff’s dismissive attitude toward the military, Kennedy may be able to sustain the stay based on those effects alone.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Log Cabin Republicans have asked the US Supreme Court to reinstate Judge Virginia Phillips’ injunction prohibiting the US military from enforcing its ban on open homosexual service.\u00a0 The military has said DADT will continue to be enforced during appeal. In perhaps the supremest of ironies, the request lands on the desk of Supreme Court Justice Anthony Kennedy.\u00a0 Some have […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[1137,219,442,1104,2,457,1076],"class_list":["post-7968","post","type-post","status-publish","format-standard","hentry","category-government-and-religion","tag-anthony-kennedy","tag-dadt","tag-homosexual","tag-log-cabin-republicans","tag-military","tag-supreme-court","tag-virginia-phillips"],"_links":{"self":[{"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/posts\/7968","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/comments?post=7968"}],"version-history":[{"count":0,"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/posts\/7968\/revisions"}],"wp:attachment":[{"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/media?parent=7968"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/categories?post=7968"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/christianfighterpilot.com\/blog\/wp-json\/wp\/v2\/tags?post=7968"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}