Legion: Appeal Ninth Circuit ruling on DADT


A Wednesday court ruling called for an end to the 18-year-old "Don't Ask, Don't Tell" policy on open homosexuality in the military. DoD photo

American Legion National Commander Jimmie L. Foster is calling on the Justice Department to appeal the July 6 ruling by the Ninth Circuit Court of Appeals that requires the U.S. military to allow gays to serve openly - thus ending the "don't ask, don't tell" (DADT) policy that has been in effect for 18 years.

"Micro-managing military policies by judicial fiat ignores the authority of our military leadership and circumvents the military's own Uniform Code of Military Justice," Foster said. "If we as a nation allow judges to institute military policy, we diminish the roles of the Secretary of Defense, the Joint Chiefs of Staff, Congress and the constitutionally mandated role of the nation's commander-in-chief. Simply put, the military's role is to fight and win our nation's wars. Judges lack the expertise on how to best do this."

Foster added that The American Legion has been voicing its concerns about the repeal of DADT for the last two years. "We were told the military was going to conduct an honest survey of how those who matter most - the men and women in uniform - feel about the issue," Foster said. "It was later reported that the numbers were manipulated in media reports that falsely indicated that 70 percent of the military members surveyed had no concern about its repeal.

"(Former) Secretary of Defense Robert Gates was so bothered by unauthorized and premature leaks of the report that he ordered an investigation by DoD's Inspector General. The U.S. Army and U.S. Marine Corps have been bearing the brunt of the combat, yet last year both of their service chiefs testified in favor of keeping DADT. In fact, we agree with Marine Gen. James Amos, who testified that the policy should not be based on ‘a social thing. It's combat effectiveness.'"

Yesterday's decision reinstated an earlier injunction on DADT by a lower court, which was later reversed. The Wall Street Journal pointed out that the latest decision "creates the possibility that recruiting rules could shift back and forth for weeks to come."

"This lack of consistency and expertise by the courts makes it very difficult to operate a first-rate military, much less fight two wars," Foster said. "This just underscores the rationale to give great leeway for the military to decide these issues in an environment devoid of politics and social considerations. The American Legion urges our commander-in-chief to appeal the Ninth Circuit decision, which undercuts the ability of our military leaders to use their best judgment in deciding what enhances - and what diminishes - military effectiveness."

If the Justice Department appeals and prevails, DoD officials will have to certify that military readiness won't be adversely affected by repeal of DADT. "We would urge DoD to resist political pressure and withhold certification until the issues of military readiness and unit cohesion are studied more honestly and thoroughly, " Foster said.

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cdanders

July 7, 2011 - 3:21pm

Yea for Commander Foster!! How can anyone legislate a perverted bedroom activity which is what homosexuality actually is all about. If we had a real commander-in-chief, we would not be in the mess we currently find ourselves.

jellewis

July 7, 2011 - 3:42pm

Hopefully, eventually, we can have a less bigoted Legion commander...one who recognizes that the constitution allows all citizens equal rights, regardless of leadership's personal,twisted moral values.
Maybe there should be a survey taken to discover just how many Legion members served with honor in the past, being forced to falsify personal information regarding their sexuality, which has nothing to do with their performance on the job.

14-yr Veteran (Korea and Vietnam)

rogerj2870

July 7, 2011 - 3:51pm

You still don't get it do you Jimmie?

The military reports to the EXECUTIVE, LEGISLATIVE, and when and if necessary, the JUDICIAL branches of the duly elected and appointed CIVILIAN sleeve of our REPUBLIC.

Go back to school sir, and read the Federalist Papers, then move forward from there.

You DO NOT represent the best-in-class of the Legion.

swtolebill

July 7, 2011 - 3:51pm

I thought the American Legion was supposed to be non-political. I think you need to get real.... Come out of the 19th and 20th centuries and recognize that sexual orientation has nothing to do with military fitness. Only the conservative homophobes would let this affect their own military effectiveness.

I am not homosexual, but I know they have a right to that condition. It is not a matter of preference, but a condition forced on them by nature. As though that weren't bad enough, you want to persecute them further.

Give it a rest!!!!!

Jim_in_MI

July 7, 2011 - 3:54pm

As a retired U.S. Army Captain, and having served our nation for 21 years in uniform, and now the last five as a member of the Legion, I am deeply, deeply disappointed in the Legion Commander.

What the hell are you thinking?

I strongly urge you to keep out of the DADT issue. The issue has been resovled. You obey the orders of the President, and you support the decisions of the Courts in this country. If you don't like it, tough. If you can't live with that- then I strongly suggest, Commander Jimmie Foster, that you resign.

This isn't an issue that the Legion should be fighting on the side of wrong. This is an issue that the Legion should be fighting on the side of right.

Foster, you're wrong.

reikirobyn

July 7, 2011 - 3:59pm

It is time to put the issue of serving alongside homosexuals behind us. We have served with gays and lesbians since we've had an armed force. If you don't flaunt your heterosexuality, they won't flaunt their homosexuality.
In moving on, it is also time for the services to allow for the transition of transsexual and intersexed members to their proper genders. These medical conditions have no bearing on a person's service.

junx

July 7, 2011 - 4:02pm

this is one of many reasons why I stopped my AL membership.
this is also one of many reasons why AL isn't appealing to young/new vets.

05-06, 07-08 iraqi war vet

trekbross

July 7, 2011 - 3:59pm

i think its wrong to appeal it i was in the service for twenty years and im gay and it was hell serving and keeping things to yourselve a few people new and did not care we had a few gay men in my office and it was no big deal pople do not care what sex you do or are commander foster needs to get a life with all the disrepect possible hes an old man who needs to move on and reilize that no one cares about the policy any more and the person that says"How can anyone legislate a perverted bedroom activity which is what homosexuality actually is all about." you are soooooooo wrong get a life its not a choice if i had a choice i would be straigt and havesex with women but thats not me my dna is screwed up and i like men so what its who i am and im proud of it and i think that is one reason their is so many suisides because of guys or girls are so ashamed of who they are and they cant handle it ive though about it so many time and almost did one time but know i can be myself thank god forfre

csacra

July 7, 2011 - 4:02pm

Congress already passed the law to repeal DADT, and the President signed it! It's a waste of the federal government's money (which they don't have) to fight to overturn a ruling that supports legislation that has already been passed in will shortly be implemented. Why does the Legion have to make itself look stupid by fighting against moot points? Why not argue also that we should have hearings to out communists in the federal government? STOP wasting my money (as a member) and my money (as a federal tax payer) over this issue, American Legion! I'm sick of hearing about the Legion fighting what should already be moot!

Active duty Lieutenant Commander, USN.

RoryJ8171

July 7, 2011 - 4:02pm

It's about time. Next thing you know they'll let women in the military. Remember when there was a draft and senators' sons had to get special assignments in the national guard? I think it is about time that our all volunteer force was comprised of a diverse mix of our country's finest. Hooray for the end of DADT!

hanliw85

July 7, 2011 - 4:08pm

Commander Foster: "the Ninth Circuit decision, which undercuts the ability of our military leaders to use their best judgment in deciding what enhances - and what diminishes - military effectiveness."

This decision does not undercut military leadership. To the contrary, what REALLY undercuts the authority of our military is an outdated, discriminatory law that forces commanders to fire highly qualified, patriotic service members. Any military leader who thinks it will enhance effectiveness to fire a top performer simply because of who they love, which surely harms unit cohesion, probably should not be in that position of power.

jschu46

July 7, 2011 - 4:09pm

The Commander of the American Legion needs to button his big mouth on matters like this. He has no authority to speak on behalf of all Legion Members on these types of matters. I suppose he would also be against integration of the military, but in case he is not aware, that happened over 50 years ago. So, shut your big mouth.

trekbross

July 7, 2011 - 4:13pm

as a member of the al im asking yo cdr to step down and resign your position

patriot

July 7, 2011 - 4:22pm

I'm glad that someone is taking a stand in an attempt to end this politically correct social experiment. Go for it Jimmie!

whaggard1

July 7, 2011 - 4:24pm

I've had enough of this. DADT is a reality , its time for the commander of the Legion to get on board. 50 years ago anti-gay might have worked, although I didn't care for in the 70's. I thought it was wrong then and its wrong now. DADT was a step in the right direction then, but its time for it to be replaced. The military replaced anti-black with universal service, now its time to replace anti-gay the same way.

ret_marine

July 7, 2011 - 4:30pm

I resigned my membership in the American Legion after reading the Commander's comments calling for the release of the Bin Laden photos. This reinforces my decision.

Commander Foster and the NEC are an embarrassment to American veterans.

piafredux

July 7, 2011 - 4:37pm

Bravo, rogerj2870 ! You nailed it: civilian authority over the military.

Commander Foster, does our Legion, for whose entire membership you presume to speak, want Moslems coming here and imposing sharia law in our civil sphere and in our military? Does our Legion want the US to operate on race-privileging Affirmative Action & all the other race-privileging laws, regulations, administrations, & bureaucracies - or does our Legion advocate and support an individual's qualification solely by professional merit in his freely chosen vocation? You should be be careful, Commander Foster, of the evils which your anti-DADT nonsense tempts to be put into place above "life, liberty, and the pursuit of happiness."

Stop squandering our dues, Commander Foster, on using our Legion as a bully pulpit to promulgate your personal prejudices. Spend our dues on advocating FOR our vets and serving troops, not on stabbing only the ones among them you disapprove of in their backs.

fstop07666

July 7, 2011 - 5:11pm

Amen brother Bravo, Amen.

piafredux

July 7, 2011 - 4:41pm

In my first comment I made this error: "your anti-DADT nonsense" - I ought to have typed, "your PRO-DADT nonsense."

mmhall

July 7, 2011 - 4:45pm

I too am disappointed with the Legion Commander. If he continues to be in a position to speak on behalf of the Legion I will no longer be a member of the American Legion. I truly hope the American Legion recognizes that times have changed and works to support progress in assuring rights and freedoms instead of the opposite.

palmsprings_shirl

July 7, 2011 - 4:52pm

I am embarrassed and ashamed to have served with anyone who turns their back on a fellow service member. All of you HATERS disgrace everyone who proudly serves and all the more respect for those who are hated but still choose to serve their country in silence.
Step down Foster and the rest of you haters - DISGRACEFUL!!

taker01

July 7, 2011 - 5:02pm

I think it is time for the Legion to clean house! No wonder membership is down. Foster is time to leave!

true american 21

July 7, 2011 - 5:06pm

The Legions position and the wasting of money on this issue disgust me. I want nothing further to do with this organization.

ajc23

July 7, 2011 - 5:11pm

I fully support Commander Foster in his efforts to keep the judiciary out of military affairs. This effort to repeal DADT is social engineering as well as political correctness which has no place in our military. I am proud to be a member!!

johnnygo

July 7, 2011 - 5:28pm

Hey ajc23,

You are full of bull!

Political correctness? You mean women being able to vote? Blacks able to ride in the front of the bus, drink water were they choose or marry whites? You mean integrating the blacks into the Army & later the rest of the Armed Forces? You mean fighting in WW I, WW II, Korea, Viet-Nam, Lebannon, Grenada, Panama, Kuwait, Saudi Arabia, Iraq, Afghanistan & all the other covert operations we do? All of these were not in any way political or correct?

C'mon, you supported something from the above or are you just a hater & a bigot?

I said it above: You are full of bull!

johnnygo

July 7, 2011 - 5:14pm

Commander Foster,

With all due respect to all the good work we do in The American Legion I am now ashamed to be a member!

I thought the Preamble of the Consitution of The American Legion meant something as a guidline of our core values:

"To uphold and defend the constitution of the United States of America, to maintain law and order....."

The Congress of the United States repealed DADT. The Commmander-in-Chief, the President of the United States signed the repeal into LAW!

The 9th Circuit COURT ordered the Department of Defense to complete the certification of the LAW NOW! They were stalling, citizens went to court to seek relief to get the process of the repeal completed as ordered by Congress & the President!

So our request to the Department of Justice is in defiance of the LAW and our Preamble!

Shame on you! Shame on The American Legion!

As a Openly Gay Army Veteran and Member of The American Legion, I am ashamed of who WE are!

cawalte

July 7, 2011 - 5:20pm

I am appalled by the negative response this article is receiving in this forum. The repeal of DADT is a political stunt by the administration made only to shore up his political base. The president could care less about gay rights. His only concern is being elected to a second term. The 9th District is acting purely as and activist court and frankly they have no business in doing so. This is a decision rests with the Commander-in-Chief, but the decision should also be made with the advice and support of military senior commanders and the Department of Defense (all of which has expressed concern with the repeal of DADT). As with the troop draw down in Afghanistan, Obama does not listen to the advice of his military leaders. As a result President Obama will leave office (hopefully following the next election) by making America less safe than it was when he took office. Frankly I would like to thank Commander Foster for his position on this issue, and I support him 100%.

johnnygo

July 7, 2011 - 5:34pm

Hey cawalte,

If the Commander-in-Chief is responsible, then why the "This is a decision rests with the Commander-in-Chief, but the decision should also be made with the advice and support of military senior commanders and the Department of Defense"

Just because you don't like the President? How loyal were you when you served in the Military to your Commander-in-Chief?

You are a hipocrit!

Want a different President?, don't forget to vote!

madhatter

July 7, 2011 - 5:22pm

The poll was rigged and the results were written before any came in. I'm with the Commander on this 100%. Repeal this detestable ruling immediately.

daveej

July 7, 2011 - 5:24pm

Who do you want in the fox hole next to you? Chuck Norris or Richard Simmons? Yes there have always been gays in the military, but they new enough to avoid contact with straight guys. If they are allowed in, they should be kept in separate units. Thank you Commander for standing up for what is right. Next thing they will demand is the right to marry. Enough is enough!

johnnygo

July 7, 2011 - 5:42pm

Hey daveej,

Very nice! So when the gays become illegal in your perfect world, remember this: you are next! I hope you are not black, jewish, muslim, latino, asian, and so forth! You better be a white christian staight male with kids, grandkids and lots of guns in your house when the whole world you would oppress comes after you!

Have a nice day!

rickb

July 7, 2011 - 5:31pm

This is exactly why I am not renewing my membership - you are losing a whole generation of veterans - more like two - who want to be a member of a veterans organization not one led by a bunch of old dudes who carry on about "the gays" and get involved in right-wing crap like bashing illegal immigrants. It seems this organization is dying a slow death.

cwintonc

July 7, 2011 - 5:32pm

Man you guys just can't help yourselves. The scary gay people are coming, OH MY!

I'd rather serve with a gay person, than our durrent Commander!

Former-Deptt-Vice-Cmdr

July 7, 2011 - 5:36pm

Just how many members of the American Legion does the National Commander represent as being opposed to the repeal of the Don't Ask, Don't Tell, Don't Pursue law? I know for certain that I for one was never consulted by National on the subject and my post never received a query from National asking for the post to conduct a survey of the members and report the results to National!!! As the Judge Advocate for my current post I certainly would have been cognizant of any such polling being requested by National. I served from 1963 thru 1967 and during the time of my service I was aware of more than 20 service members who were gay. They served honorably, had excellent performance records and certainly did not make sexual advances on other servicemen in their units. I feel that our National Officers have taken to expressing their own PERSONAL opinion as the official opinion of the American Legion. It is my hope the incoming slate of officers will be more honest.

wolfmn26

July 7, 2011 - 5:37pm

After reading the comments posted here, it seems that most people don't understand what the Commander is saying. The Commander is not saying don't let the gays in, he's saying that it's not the Courts position to dictate policy to the military. Issues like this are for the Commander-In-Chief, Congress, the DOD, and the commanders on the ground to make. This particular court (9th Circuit) is the most liberal court in the nation and instead of interpreting the law, they legislate from the bench and seem to think they are in the business to make laws. The 9th Circuit has always done this and if they had their way, they would disband the military.

Commander Foster, stand firm on this issue. I support you 100% and there are other members who do always. Don't let a small minority get to you.

johnnygo

July 7, 2011 - 5:49pm

Hey wolfmn26,

I sure hope you are not referring to the "small minority" of people who won't join The American Legion when they read that BS in the newspaper or the thousands of members who just received their renewal notice a day before reading what we are talking about.

I am sorry if this hurts your feelings but The Commander just made it exremely more difficult to recruit or retain members, except for the bigots, morons and hipocrits! I guess the "majority" will win here!

Have a nice day!

Liza2000us2001

July 7, 2011 - 5:37pm

That's why I never renew my one time membership since I started learning on how the American Legion discriminates so much against the gay community.

When the bill for the DADT was in the hands of congress in 2010 the American Legion requested to withdrawal DADT from the Defense Bill in 2010. They claimed that DADT will have affected the bill because it would have taken long to pass the bill but now I see what the real reason was.

Now they show that they hate gays and don't want to do nothing with them. I am a former Army Veteran discharged under DADT and as anyone else in there suffer, I cry, I feel, I dream and I work why I have to be treated differently from the straights?

Is all about religious beliefs and not to mention that most people in the American Legion are White "old" males who think that being a homosexual is less because any man that acts like a woman is less.

This is crap and I am proud I am no longer a member of this shameful org. =)

igoape

July 7, 2011 - 5:41pm

I received my member packet in the mail today informing me that I was eligible to join the American Legion as I am a war time vet. I log on for more information and I find this deluded rant by Commander Foster. I will not be joining a group that promotes hatred, ignorance and intolerance. DADT had been repealed. Congress passed it. Our president signed it. It is in the process of being implemented as we speak. The court order only acknowledges the fact that this outdated law needs to go.
No gays in the military? What next? No women? No Hispanics? No Blacks? Commander Foster might as well wear a swastika and start screaming "WHITE POWER!" See how far that will get you.
I served my country admirably. Were there gays in the military then? Yes. I am sure there always has and always will be. My application is going in the trash.

colts67

July 7, 2011 - 6:21pm

I highly doubt you served....so dont worry about sending in you application.

Dray

July 7, 2011 - 5:43pm

I have been reading and with the Legion for a little bit now and I have never been filled with such rage and disgrace for being a member of this organization. It seems that politics are seeping into this organization as they did FOX, CNN, MSNBC and all the rest of the news stations that now broadcast either Black or White (Republican/Democrat biased news). Now, Legion Commander Foster is buying into this? Definitely not a good way to go! If I fought for freedom and the rights of everyone, why the hell is Commander Foster trying to take them away from a certain group of people? That is UNAMERICAN plain and simple. I believe in what the founding fathers wanted for this country and I believe in "Life, Liberty and the Pursuit of Happiness" and frankly this "official" standpoint is unacceptable. I say that not because his viewpoint is different, but because it is wrong by violating the rights of fellow soldiers who want to be free to be who they are.

Former-Deptt-Vice-Cmdr

July 7, 2011 - 5:50pm

I am a Viet-Nam era veteran. During my service I encountered over 20 service members who I found to be gay. There was only 2 of them that ever made an overt pass at me and being straight I declined and that was the end of the matter. I had no problem serving alongside of them, no problem sleeping in the same barracks as they were quartered, and even showered with them as in those days the barracks had a single shower room with multiple shower heads. A man who is secure in his sexuality has no problems being around gays. It is the ones who have doubts about their own sexuality who are scared to be around gay people. Such insecure people usually have engaged in experimental sex with a friend. Such experimentation is very well documented and accepted by the psychological associations of the world as normal sexual growth. I for one am very secure and have been happily married for 42 wonderful years to my wife with 3 kids and 4 grand-kids so far. GET REAL NATIONAL and represent ALL of us.

tonytrosclair

July 7, 2011 - 6:02pm

I really want to know what the Legions' commander thought of Andrew Wilfahrt; as a soldier and as a person. I couldn't link the article so google his name if you don't know.
I have been a Lifetime Member of the Legion for 12 years now. It's a good thing for the Legion that I don't have to pay renewal dues every year because my membership would be lapsing this year!
I agree with the proponents of true equality for and in our armed forces. I served 20 years and had the honor of knowlingly serving alongside excellent soldiers who trusted and respected me enough to confide their alternative sexual orientation.
The American Legion leadership has no place pretending to speak for the membership in stating that the repeal of DADT is a bad thing.
The American Legion is NOT a religious organization first. The leadership focuses so much on the prayers that open meetings that they have forgotten this. Community and veteran service; first and foremost, is why I joined. AIRBORNE!

johnnygo

July 7, 2011 - 6:07pm

Hey tonytrosclair,

Simply demand your unused PUFL dues back & send in your perm card to National!

bconroy

July 7, 2011 - 6:05pm

For all those Service Members who wear the uniform with honor and pride and fight for our freedom it is time to have DADT lifted. They deserve to servive without fear of people snooping around in their personal life to try to "out" them. It is amazing to hear some of the same arguments today that were spoken in the mid 20th Century. Our society did not come to an end when we lifted segragation and allow Afican Americans to serve side by side with white men. We are allowing women to serve in almost all roles. And yet, today, we continue to discriminate against all these men and women who serve right now! If the Legion really is for American Veterans, then stop dividing our country and be an organization for ALL VETS! If this cannot come to pass, I will have to stop my support of the Legion.
Man up and be true Americans--and secure the rights for all Americans whether you agree with them or not!

BarbaraMcGuyer

July 7, 2011 - 6:05pm

I have completed my membership renewal form and written a check for next years dues--however, I doubt if I will renew because of the stand the legion has taken. I am a woman veteran, straight, and have a gay son. He should not be denied the right and privilege to defend this country because of being gay. He should not have to "pretend" he is something he is not. I served with gay service members, and it was NEVER an issue, except that they could not be open and honest if they wanted to remain in the military. Haven't we, as a country, been through enough discrimination problems. Blacks, Women, Gays, the list could go on and on. I don't think I want to be a member of an organization who is still in the shakles of discrimination. Our constitutionaly protected rights, no matter what color, religion, sex or sexual orientation we are should be all that matters if someone is fit and willing to serve.

LaztheGimp

July 7, 2011 - 8:54pm

What part of that asks ANYONE to be something other than what they are? You don't ask about a person's sexual orientation. You don't brag or complain about your own. Seems simple enough, and no one is excluded.

Like it or not, this country was founded as a moral, JUDEO/CHRISTIAN nation. Part of that JUDEO/CHRISTIAN heritage is the belief that homosexuality is a sin. The Bible says so. The Torah forbids it.

So, society forces changes to what God has ordained. So be it. Now, we see the result, or as Rev. Wright so aptly points out, our chickens are coming home to roost. God help us with the moral decay in this country.

Da Gimp

bconroy

July 7, 2011 - 6:05pm

For all those Service Members who wear the uniform with honor and pride and fight for our freedom it is time to have DADT lifted. They deserve to servive without fear of people snooping around in their personal life to try to "out" them. It is amazing to hear some of the same arguments today that were spoken in the mid 20th Century. Our society did not come to an end when we lifted segragation and allow Afican Americans to serve side by side with white men. We are allowing women to serve in almost all roles. And yet, today, we continue to discriminate against all these men and women who serve right now! If the Legion really is for American Veterans, then stop dividing our country and be an organization for ALL VETS! If this cannot come to pass, I will have to stop my support of the Legion.
Man up and be true Americans--and secure the rights for all Americans whether you agree with them or not!

tmsaunders

July 7, 2011 - 6:15pm

Does Commander Foster think that gays weren't part of the armed forces when we served? C'mon. They were there then just as they're there now, and most served with the same degree of distinction as the rest of us.

This is a non-issue for anyone in the US who's under age 60. With attitudes like his, it's no wonder we can't recruit anyone younger.

colts67

July 7, 2011 - 6:25pm

Dont you just love how all these pro gay right groups are expressing all their "talking points agenda" on this post. I highly doubt that most of these post are from true members.

johnnygo

July 7, 2011 - 8:50pm

This is the final measure!

To vote you must provide 3 types of ID to vote in critical states.

You must be a radical if you oppose Commander Foster.

You must be UnAmerican if you don't agree with bigots, morons and fundimental right wings radicals!

Thanks for making the point!

Have a good day!

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