Court Affirms: DADT Discrimination is Unconstitutional

In yet another court setback for legislative discrimination, a federal judge has found that the US military ban on openly LGBT servicemen and women is discriminatory, unconstitutional – and counterproductive.

From the Washington Post:

U.S. District Judge Virginia A. Phillips said the government’s “don’t ask, don’t tell” policy is a violation of due process and First Amendment rights. Instead of being necessary for military readiness, she said, the policy has a “direct and deleterious effect” on the armed services.

 

 

Memorial to the Sacred Band of Thebes - Renowned for their valour, and exclusively comprising pairs of lovers.

 

Three things strike me about this verdict – its obvious common sense, the plaintiffs, and how it highlights the total absence of evidence for the case against equality. Read the rest of this entry »

Queer Rights, In The courts: GOP To The Rescue?

With LGBT issues prominent in an increasing number of court cases, we are accustomed to hearing conservative outcries about “activist” judges “legislating from the bench”. However, an examination by Joshua Greene at the Atlantic of the key judgements holds a surprise: the judges involved are not democratic activists, but conservative judges appointed by GOP presidents and governors. This should not surprise, of course. The issues are not only”civil rights”, but also two deeply important conservative principles. The first has already been highlighted by the recent DOMA judgement, that federal government cannot overrule states’ rights in their areas of competence. The other is parallel to this, at an even more basic level: government has no business interfering in people’s personal lives. What can be more personal than our love lives?

Read the rest of this entry »