


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.
TPT911
July 8, 2011 - 12:22pm
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In your post you state in capital letters, "God, one who LOVES EVERYONE NO MATTER WHAT THEIR SEXUAL PREFERENCE IS."
For which religion do you claim to be a minister?
There is no passage in the Bible which states, "God loves everyone no matter their sexual orientation. Please prove me wrong.
Since you support the repeal of DADT. As you may already know, for obvious reasons women and men live in segregated barracks in Iraq and Afganistan. Probably because for the sake of military effectiveness war comes first not intimate human relationships. What is going to happen when gays are allowed into the military? Do you support gays living in their own segregated barracks as well? With one per room?
stape1017
July 8, 2011 - 4:44pm
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I agree, I don't know what Christian religion he belongs to but you’re correct in that the Bible does not support homosexual behavior. IT CONDEMS IT…. And, did the minister say this has been an issue in the days of George Washington. I don't think so and I also question his integrity and his source of information.
Personally, I won’t belong to any organization that supports any type of homosexual activity in the armed services.
Retired Military
July 8, 2011 - 10:02am
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The American Legion resources can better be utilized on issues that are about supporting veterans. This issue is for those serving in uniform to deal with, the Veteran Service Organization is about supporting veterans after service. Today a higher priority is jobs and economy. The military has all the tools necessary to deal with the issue, let them do their jobs.
Provided
July 8, 2011 - 4:55pm
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I'm an 18 month unemployed disabled Vietnam Era Veteran and thought that Veterans Organizations exist to help veterans. These are big enough organizations that could tackle this problem of unemployed veterans with great resources and force. I am also a lifetime member of Disabled American Veterans and Vietnam Veterans of America. I have also reported to all three organizations that most applications for employment are now done online. More often than not under military service there is a drop down menu that lists Veteran, Vietnam Era Veteran, and Disabled and you choose the correct response. The same was on an application that I filled out in person last week for a position. No other war or conflict is ever listed other than Vietnam Era. I feel that as we were hated then we are discriminated to this day. This is the type of issues our Veterans organizations should be representing us in. Sure, I have the right not to tell but then the application reads "Refused to answer".
fiftiesvet
July 8, 2011 - 12:12pm
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I renewed my membership yesterday. Had I read the position taken by Jimmie Foster before hand, I wouldn't have done so. I'm insulted by his actions, purportedly taken on behalf of the Legion and I'm ashamed to be part of an organization that is promoting such bigotry. I believe Jimmie needs to appologize to all members of the American Legion, all members of our armed forces and to the American people for taking this position.
Pointman70
July 8, 2011 - 3:16pm
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I am in compete agreement with you. I only joined the Legion in the past few years because I always thought it was the type of organization that would harbor this type of position. I am a 100% combat disabled Vietnam veteran, and like you, I am now ashamed to be part of an organization that promotes bigotry under the guise of legal technicalities. My instincts were right all these years, and I won't be renewing as a member again.
isador88
July 8, 2011 - 2:20pm
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Some of the comments that I have read on this site are unbelievable. The things that are being said my prior and retired military personnel are hard for me to read.
I never read anything like this about any of our last Commander in Chief. Now you have the license to said what you want about the new CNC. Is this because of the color of the man? Whatever happen to reason the position, does that not count for anything. The CNC walked into quite a bit of the stuuf that you guys are talking about. The last CNC was on vacation while most of the problems were happening.
You not have to respect the man, however you should respect the OFFICE.
Thank you for your time......
Krisse07
July 8, 2011 - 3:23pm
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I've been a member of this organization since 2007, a few months before I left Active Duty. I have watched the the updates on the stances of our new commander and I can honestly say that I am now questioning if I really wish to be a part of this organization. I am not homophobic, I support equal rights for all, I don't care about your color your religion, your social class, your sexual preference, we are all equal. I do NOT wish for someone to take my voice away from me and speak for me, I do NOT support your views Commander. This needs to stop this isn't the first time that I have read that the Commander has taken it upon himself to speak 'for all of us' when we were not consulted. You can't speak for someone who doesn't wish you to speak for them. I also agree with a few other posts I have read, why are we(the American Legion) being so concerned and sticking our fingers in this gay rights movement? Can we not better use our time by helping our veterans in a terrible economy?
gremster
July 8, 2011 - 4:08pm
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Just a comment on one of my fellow Legioneirs. President Obama and the First lady and their Children had nothing to do with The Longest War in our history. They are right in trying to change our image of being barbaric nation that loves invading peoples country and telling them how dress and live. Those folks in Congress should be ashame of them selves holding ordinary folks accountable for all that money lost not to say lives in those two wars not even paid for. Don't you think those folks are the one bankrupthing our country. Lord I can go on on on. Why don't you pray for the President to have strenght and guidence to led this nation from enimies within and from out...
pfmcdoc
July 8, 2011 - 6:46pm
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Commander Foster is upset that DADT repeal did not reflect the opinions of "those who matter most - the men and women in uniform." Yet the survey - perfect or not - showed that the issue was not a major factor for most. Additionally, Commander Foster has no problem claiming to represent the views of all Legion members, without even the backing of a survey!
Gen. Amos testified that the issue should be decided based on "combat effectiveness." As a Desert Storm veteran, I agree. And all the data suggests that this issue does not affect combat effectiveness - at least, not for good, well-led soldiers focused on their mission.
Lastly, Commander Foster suggests that judicial "micro-management" should not trump the decisions of military leadership. Yet that's exactly why we have a judiciary. Military leadership has used every excuse possible to avoid addressing this issue - so, unfortunately, it falls to judges to address bigotry which goes against American principles of justice.
hold_the _line
July 8, 2011 - 6:57pm
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I run a contract security company that hires many younger combat arms veterans. Most of them are disgusted by the left leaning civilian political (including DoD staff) interference with our country's martial traditions. Every year more political pressure mounts on the armed forces to change the way they go about the business of recruiting, training, equipping, and deploying "war fighters". They are disturbed and angered by things like "stress cards" at basic, lower standards for selection to allow "diversity" goals to be met, and now pushing gay and lesbian lifestyles into our ranks. This is a dangerous thing. Make no mistake, our Nation's military capability will degraded by these policy changes. This is not a time for us to bow to an obnoxious and loud minority opinion. It is time for us to look back to our roots and reject calls for the watering down of what has made us so strong in the past. Traditional American values are what made us so solid. Lets be loyal to them.
MilitaryHonorNoLies
July 8, 2011 - 7:48pm
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All these imposter posts are what really disturbs. We may be toast sooner than imagined. Diversity first! Anti-bullying campaigns in schools first! 2014 for the societal slam dunk! The full court press begins with the United States military! Flood every traditional site you know of with the rhetoric! Make it seem that popular peer pressure is against them! That's how the 2% can control the gullible masses! But spare zero for this assault on the military! Once this dam bursts, there're no laws or remaining social mores stopping the complete takeover!!!
johnnygo
July 9, 2011 - 3:33am
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Hey MilitaryHonorNoLies,
I never saw that coming!
Thank you for making all of us aware that the dam is going to burst!
Equality for all will destroy the world!
I guess that is why we are in 3 wars right now to spread democracy for all, oh my God, I meant equality for all! You know, the folks fighting and dying for our protection from those who appose our way of life?
Some of them are Gay or Lesbian. Say it isn't so!
Sweet dreams! Gay people are protecting you!
MilitaryHonorNoLies
July 8, 2011 - 8:02pm
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MilitaryHonorNoLies
July 8, 2011 - 8:04pm
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Weed this out or do some kind of social/scientific study of this sordid assault on our rights to defend our thoughts/beliefs via free expression! These imposters are using tried and true marxist tactics. On the AMERICAN LEGION comment thread!! Holey moley. This obvious statistical impossibility can be almost proven as one slows down to piecemeal each comment by this army of imposters. Look for CinC mischaracterized as CNC, misconstrued terminology, lack of customary usage of jargon. Then be worried that it's being polished up as we speak. I, for one, am STUNNED. Now, who ARE these hackers?! How many other common sites/media outlets must have been under a similar systemic manipulation? And for how many years??
johnnygo
July 10, 2011 - 5:20pm
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You are just a simple minded person!
Steve Leigh
July 8, 2011 - 9:21pm
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There're plenty of Veterans and Legion members who support the repeal of DADT. I'm proud to stand shoulder to shoulder with ALL my fellow veterans. Even the gay ones.
It matters not of your race, religion, gender or sexual orientation. These things don't determine a persons character or make a soldier. Courage, integrity, honor and duty for country. These are what matter. If you're up to the challenge raise your right hand, take the oath and serve. It's that simple.
I must believe in my heart those opposed to the repeal of DADT do so out of ignorance. For the alternative is they oppose the repeal out of bigotry, to oppress their fellow man and perpetuate a second class citizenry. These are not the values for which the American soldier stands for.
Repeal of DADT isn't about pushing an agenda. It's about laying to rest the issue of bigotry. Serve based on merit. Conduct unbecoming still applies, it's not a ticket to be a malingering coward.
Member of Post 311
MilitaryHonorNoLies
July 8, 2011 - 11:15pm
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I would like to see the repeal of DADT also. Never wanted DADT when put in place under Clinton. So I'm a bigot. Not a nice word. I am bigoted also because I don't want homosexual teen or young adult scout leaders on campouts with my kids? How soon, again, for BSA to come under renewed assault? Military down, who's next? So now, a guy like me, just a heretofore average everyday heartland American who served an honored career during 70's, 80's, 90's would be considered a criminal doing the same service now?
"Repeal of DADT isn't about pushing an agenda. It's about laying to rest the issue of bigotry."
What the heck IS a statement like that? If my country isn't really a place I like or feel honored to protect and defend anymore, what's left to do? Where's left to go? Any pioneering to be done on Earth anymore? Oh yeah, let's pioneer the ongoing plunder of our cultural institutions. Let's make everything so crazy up/down that confusion reigns. Citizens are just cattle?
DevilDog6467
July 9, 2011 - 4:50pm
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Why don't you want your kids around gay men?
If I were you I would be more worried about gangs and drugs then your kids knowing a gay person. I mean it’s not like we can convert your kids, only teach them to be who they are...no matter if that is straight or gay, black or white, male or female...equal rights for humans means all humans.
"I am bigoted also because I don't want homosexual teen or young adult scout leaders on campouts with my kids?"
My personal response is yes, you are. The same words and thoughts were shared with white supremacists about black going to school with their kids.
Dannoxx
July 9, 2011 - 12:29am
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Commander is right, the military is not a social experiment.
DADT should remain in effect.
johnnygo
July 9, 2011 - 1:13am
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Hey Dannoxx,
What if tomorrow, the government came after you and said that you are not fit to be an American?
What would you do? Who would you ask for help?
Well?
Please, encourage me with your wisdom.
cab274
July 9, 2011 - 9:09am
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The reality is I am an honorably discharged Marine Veteran and a life member of the Legion. I served my country and defended a constitution that many feel do not apply to me because I am homosexual.
Jimmie Foster does not represent ALL veterans while calling for this appeal. He only represents the homophobic hatred of a small but vocal fraction of Veterans and his own personal issues.
Since he cannot represent ALL members impartially then he should step down.
C3B2x6
July 9, 2011 - 3:09pm
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why is it that homosexuals always throw out the words "hate" and "homophobic" anytime heterosexuals say anything contrary to them? Not once has anything hateful been stated nor is this about "homophobia".
CaptUSMC
July 9, 2011 - 10:00am
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I would like to know what authority Foster has to speak for the entire membership of the American Legion? Doesn't he have to get the consensus of a board or membership before taking any position on this issue? In any case, as a member, I am offended by his out of step statement. The Congress has voted to repeal DADT, the Commander and Chief has signed the law, the Chiefs of Staff are all on board, two Secretary of Defenses support repeal, the Chairman of the JCS supports repeal because in his opinion it is a matter of integrity of both the individual and the institution and now a Federal Court has struck down the law as unconstitutional. What does Foster not understand? We wonder why we can't get younger members to join the Legion- this is the answer. We are stuck in the past and are out of step with the current all volunteer force. If we don't get with the program, the Legion will cease to exist. We can thank Foster and his likeminded brethren for the Legion's demise.
NDEon20
July 9, 2011 - 11:03am
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The military is no place to conduct experiments in social engineering. Let us not forget this is a behavioral issue, no matter how much political pressure has been applied by special interest groups. The over all welfare of everyone must be taken into consideration. This is how a republic is supposed to work, not run by minority concerns or agendas.
CaptUSMC
July 9, 2011 - 11:26am
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@Chaplain: With all due respect, please keep your theology to yourself or express it from your pulpit. The last time I checked we are a republic and not a theocracy. You have every right to consider this a behavioral issue because that is likely consistent with your religious beliefs. In this republic we have a constitution which prevents tyranny of the majority, apparently exactly what your are advocating.
jeff hersh
July 9, 2011 - 11:09am
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The American Legion is wrong about the courts lacking expertise to review military matters. The judiciary is the sole branch that interprets the Constitution, and that's exactly what it is doing with the Log Cabin case.
The American Legion's arguments are disingenuous. When the Congress was reviewing DADT, it said Congress lacked expertise. Now it says the Congress has expertise but the judiciary lacks it. The logical deduction is that the AL does not stand on principle, but instead is acting on the very discrimination against gays that the federal courts found in the Log Cabin case.
daniel1983
July 9, 2011 - 12:11pm
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The national commander is correct in saying that the Judicial branch should not be allowed to dictate military policy. That said, I strongly disagree with the way the Pentagon and higher leadership is handling the repeal of DADT. As a member of the armed services for 10 years; I am tired of being afraid of anyone finding out who I really am. I will never let it affect my work performance. It shouldn't affect anyone else job performance either, since we already work together. If the military senior leadership can't get the repeal completed in a timely manner and the Court of Appeals can; I say let the courts take care of it. In addition, MCPO Jake, I have to hear everyday about the off-duty sexual activities from my co-workers. I don't want to talk about my off-duty activities; I just want my personal life without having worry about the wrong people seeing me and losing my career I have worked very hard to build.
C3B2x6
July 9, 2011 - 3:04pm
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So what you are actually saying is that you want a free pass for violating the UCMJ. No different than illegal aliens wanting "reform" and automatic citizenship despite the fact that their first action as potential citizens was to violate US law.
DevilDog6467
July 9, 2011 - 3:41pm
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Honestly, how can the manor of which you have sex be controlled by the UCMJ? I think that is taking the Governments power over its Servicemen and women a little too far.
But go ahead. PROVE that I violated 125
Old Dog Commander
July 9, 2011 - 12:34pm
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I agree with Jimmie Foster's position. History will show that repeal of DADT will ultimately destroy the morale and morals of our military components. Of note -- after reading all the posted comments on this subject, the majority appear to favor homosexual behavior and many plan to leave The American Legion. This is typical of left leaning groups who are actually in the minority flooding organizations with positive comments about their cause to make it appear they are in the majority. We are a Christian Nation build on values that do not support homosexual life styles. I would encourage all who have said they are going to leave The American Legion -- to do so; thus, getting rid of those who inflict a scourge on America from our organization.
C3B2x6
July 9, 2011 - 3:01pm
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I cant help but be disturbed by those who insist that we live in a "christian nation". It flies in the face of equality, separation of church and state, and promotes a socio-religious agenda.
DevilDog6467
July 9, 2011 - 3:36pm
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What is your proof that "history will show that repeal of DADT will ultimately destroy the morale and morals of our military components"
You need proof to back up statements like that...I have proof for you...
Australia, Austria, Belgium, Britain, Canada, Czech Republic, Denmark, Estonia, Finland, France, Germany, Ireland, Israel, Italy, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Slovenia, South Africa, Spain, Sweden, Switzerland, Uruguay as compiled by the Palm Center at the University of California, Santa Barbara:
Above are countries that allow gays to openly serve in the military. Many very successful and notable countries as well I might add.
CaptUSMC
July 9, 2011 - 6:35pm
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Old Dog - Your name says it all. This is not about behavior it is about something as fundamental as sexual orientation. When did you decide to be heterosexual? This is not like selecting whether you like vanilla, strawberry or chocolate ice cream. If it were, you would remember when you chose your sexual orientation. With all the disadvantage and hatred that is associated with this sexual minority, if it were really a choice, who in their right mind would choose to be gay? What the hell does this have to do with left leaning groups? This is about the constitution and the equality of all American citizens. What don't you understand about that simple concept? If you want the Bible to be the law of the land, I suggest you move to a theocracy like Iran. Oh! wait a minute they don't believe in the Bible, so maybe the Koran would work for you.
rev.pyle
July 9, 2011 - 1:43pm
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Last time I checked, the concept of civilian control of the military was a fundamental part of American democracy. I believe it is even a part of the U.S. Constitution.
The 9th Circuit Court of Appeals is a part of that civilian control. As is the DoD, the Congress, and the White House.
If the Commander is in need of a copy of the Constitution, I would be happy to send him one.
If he simply does not agree with the concept of civilian control of the military, then I question his fitness for the office he now holds.
Rev. David Pyle
U.S. Army Veteran and Army Reserve Chaplain
rev.pyle
July 9, 2011 - 2:02pm
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deleted duplicate
rev.pyle
July 9, 2011 - 2:01pm
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I also seem to recall an oath I took at about 18 years old...
"I will support and defend the constitution against all enemies, foreign.... and domestic."
Funny, I thought many of the members of the American Legion had once taken that same oath... including the Commander.
Rev. David Pyle
HNL
July 9, 2011 - 3:04pm
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The reality is that DADT should be and will be repealed despite the hateful rhetoric from the commander and others who support the current law. I have served over 16 years as an active duty Army officer, including six duty assignments and three deployments. At least half of that time has been spent with the full awareness by many of my colleagues that I also happen to be gay. In fact, not only was it not an issue, but their knowledge of my sexuality brought us closer together as colleagues. Clearly, the demise of DADT is way overdue. The majority of the military and society are ready.
C3B2x6
July 9, 2011 - 3:17pm
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What next? Do away with article 125 in the UCMJ for sodomy? Maybe the DOD should go right ahead and repeal DADT...but get more aggressive with 125.
DevilDog6467
July 9, 2011 - 3:26pm
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Give someone a dollar and tell him not to spend it?
You can't tell someone they can be their selves’ and punish the actions that they do.
CaptUSMC
July 9, 2011 - 4:56pm
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The so called sodomy statute iincludes all sexual acts outside of the missionary position between husband and wife. How many troops are guilty of that felony? That is why the DOD has recommended it be repealed by Congress.
DevilDog6467
July 9, 2011 - 3:20pm
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I would just like to thank the commander for his time of service and dedication to the fight after his time was up...
But this is a new time, with a new generation of military fighting men and women. Our views (who are currently serving) are different from that of the former years. It was proven by the polls and questioners that WE (currently serving, not retired) were asked to fill out. Just because the results don't conform to a personal view doesn't mean you can ignore the facts.
The Justice department just accomplished what the DoD was trying to do, what the President thought was right for this country, what the people of America want, and what its Servicemen and women want. It’s not like we weren’t headed there anyways but it has been stalled long enough. I'm glad that the 9th Circuit Court just sped up the process.
And Rev Pyle is correct, Civilians are in control of the military for a reason...Don't get mad when they actually do their job.
DevilDog6467
July 9, 2011 - 3:25pm
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.
Aaron29
July 9, 2011 - 4:07pm
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The commander's opposition to "judicial fiat" is a breathtaking statement. Our constitution's framers set up a system of checks and balances and that is one of the things we are sworn to protect.
If Harry Truman hadn't courageously integrated the military as the Commander in Chief, would we have opposed it if a court stepped in and integrated by "judicial fiat"? Yes, the military is a very unique institution, but that doesn't mean we can operate outside of the constitution. Despite this, our courts have historically given a lot of leeway to us when there is a demonstrated military necessity. Ultimately, the judiciary is not our enemy. They are branch coequal to the executive branch.
In this case, the government had to present evidence that DADT either didn't represent discrimination or that the discrimination served a valid interest. Judges, who are neutral arbiters, clearly ruled they didn't meet that burden.
The American Legion has become far too political!
greghays33
July 9, 2011 - 4:54pm
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I just joined the Legion and not seconds after my payment was confirmed I saw this headline. I wish I had seen it before I placed my dues on my credit card. I would not have given my hard earned money to an organization with a commander that says such things. I support the DADT and feel it is only right to let EVERYONE who is willing to serve serve. This is the 21st century, it's time this country moved on into it!
DevilDog6467
July 9, 2011 - 5:19pm
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Call the CC company and cancel the payment ;)
Dannoxx
July 9, 2011 - 8:57pm
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No one says gays can't serve, just keep your thing o yourself.
Get your money back and go away. Bye
DevilDog6467
July 12, 2011 - 1:09am
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Actually they do say gays cannot serve. True the violation is (was) the act of homosexual sex, but I'm pretty sure that we are not monks and we all (including heterosexuals) do have sex.
Please get your facts right before you post random incorrect comments.
Dannoxx
July 9, 2011 - 6:11pm
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Well I guess I just go gay and I will have dopes like you on my side. Being a normal American is out of fashion these days.
In case you haven't noticed your leading the charge coming after Americans.
Kevin Scott
July 9, 2011 - 11:18pm
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It's interesting to see the almost overwhelming misunderstanding of our national origin, the role of the courts, and the character of our government in this thread. I don't deny you your right to rage against the revocation of a policy in what a majority of those comments consider the beginning of the fall of our civilization...But please respect the opinions of those who consider DADT a failed discriminatory policy that is long overdue for rescission.
While this country was founded by Christians, a barrier between one's beliefs and the government was purposely erected. The Founding Fathers did not want a repeat of the nations (with their national religions and oppression of anyone who was not a member) from which they fled. The First Amendment protects not only freedom of religion, but also freedom from it, ensuring that Government and religion would not intermingle. Considering the diversity of faiths, Christian and otherwise, as well as none at all, a wise choice.
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