g********d
发帖数: 4174 | 1 Judge likely to deny gov't on gay troops order
By JULIE WATSON, Associated Press Writer Julie Watson, Associated Press
Writer – Tue Oct 19, 9:52 am ET
RIVERSIDE, Calif. – A federal judge is expected to rule Tuesday on a
government request to delay her order halting the military from enforcing
its ban on openly gay troops — a request she has said she'll probably deny.
U.S. District Judge Virginia Phillips said Monday she would review the
arguments from Justice Department lawyers.
"My tentative ruling is to deny the application for a stay," Phillips said
at the start of Monday's hearing.
Phillips said the government has not proven that her order would harm troops
or in any way impede efforts to implement new regulations for the military
to deal with openly gay service members.
If she rejects the request, Justice Department officials say the Obama
administration would appeal. Experts say they will likely find friendlier
venues in the U.S. Court of Appeals for the 9th Circuit in San Francisco and
, ultimately, the U.S. Supreme Court.
"The farther the decision gets from the presentation of evidence in the
trial court, the more likely it is that courts will assume the military must
have some critically important interest at stake," said Diane Mazur, a law
professor who opposes the policy.
The military has promised to abide by the injunction against the "don't ask,
don't tell" policy as long as her order remained in place.
Government attorneys had asked Phillips to suspend her order while they
appealed, saying that forcing an abrupt change of policy could damage troop
morale as they fought two wars.
The military has promised to abide by the order as long as it remains in
place, but gay rights advocates have cautioned service members to avoid
revealing their sexuality in the meantime. The Pentagon also has cautioned
gay troops against coming out in the current "legally uncertain environment."
In interviews, several gay service members have told The Associated Press
that the current legal limbo renders it unwise to come out now.
The judge declared the policy unconstitutional on Sept. 9, saying it
violated due process rights, freedom of speech and the right to petition the
government for redress of grievances guaranteed by the First Amendment.
Larger version
Ask America: Learn. Listen. Be heard.
Ask America
Election forum
The Fast Fix
Map snapshot
Phillips said the policy doesn't help military readiness and instead has a "
direct and deleterious effect" on the armed services by hurting recruiting
and requiring the discharge of service members with critical skills and
training.
At the time, she asked both sides to give her input about an injunction and,
on Monday, called the government request "untimely." She said the Justice
Department had plenty of opportunity to modify her injunction before she
ordered it on Oct. 12.
Phillips also said the government did not present evidence at the trial to
show how her order would cause irreparable harm to troops.
Government attorney Paul Freeborne said the DOJ had no reason to present
such evidence until her order came down.
He said her nationwide injunction was unrealistic, and will hurt military
effectiveness because it does not allow enough time for the military to
conduct its training and education to implement the new regulations.
"You're requiring the Department of Justice to implement a massive policy
change, a policy change that may be reversed upon appeal," Freeborne told
her.
A lawyer representing the Log Cabin Republicans, a gay rights group that
filed the lawsuit challenging the ban in 2004, said the Justice Department
has had six years to respond and did not.
"The government now wants to continue to deprive Americans of their
constitutional rights, and the court should not do that," Woods told
Phillips. His group says more than 13,500 service members have been fired
under the Clinton administration-era policy.
Richard Socarides, a former Clinton White House adviser on gay rights, said
he does not expect Phillips to grant the stay.
"She seems to have lost her patience with the government's position and I
think that's reflected in her ruling up until now," Socarides said. "But
they will probably go to the appellate court or Supreme Court and you'll see
in a couple of days that this order has been stayed."
Under the 1993 law, the military cannot inquire into service members' sexual
orientation and punish them for it as long as they keep it to themselves.
President Barack Obama has said he wants the law repealed in Congress.
Defense Secretary Robert Gates, a Republican, and Chairman of the Joint
Chiefs of Staff Adm. Mike Mullen, the military's top uniformed officer, both
say they support lifting the ban. But Gates and Mullen also have warned
that they would prefer to move slowly.
Gates has ordered a sweeping study due Dec. 1 that includes a survey of
troops and their families.
The president agreed to the Pentagon study but also worked with Democrats to
write a bill that would have lifted the ban, pending completion of the
Defense Department review and certification from the military that troop
morale wouldn't suffer.
That legislation passed the House but was blocked in the Senate by
Republicans.
Gay rights activists worry that expected Republican gains in the midterm
elections next month could make it even more difficult to overturn the
policy in Congress. | k*****e
发帖数: 22013 | 2 ban, rejection, deny ...
否定之否定之否定，我都看糊涂了
deny.
【在 g********d 的大作中提到】
: Judge likely to deny gov't on gay troops order
: By JULIE WATSON, Associated Press Writer Julie Watson, Associated Press
: Writer – Tue Oct 19, 9:52 am ET
: RIVERSIDE, Calif. – A federal judge is expected to rule Tuesday on a
: government request to delay her order halting the military from enforcing
: its ban on openly gay troops — a request she has said she'll probably deny.
: U.S. District Judge Virginia Phillips said Monday she would review the
: arguments from Justice Department lawyers.
: "My tentative ruling is to deny the application for a stay," Phillips said
: at the start of Monday's hearing.
| m******1
发帖数: 19713 | 3 哈哈哈，画个图帮助理解
【在 k*****e 的大作中提到】
: ban, rejection, deny ...
: 否定之否定之否定，我都看糊涂了
:
: deny.
| g********d
发帖数: 4174 | 4 你就记住JUDGE是好人，government是坏人，就行了。
【在 k*****e 的大作中提到】
: ban, rejection, deny ...
: 否定之否定之否定，我都看糊涂了
:
: deny.
| k*****e
发帖数: 22013 | 5 我看了两遍总算是看出这个结论来了
【在 g********d 的大作中提到】
: 你就记住JUDGE是好人，government是坏人，就行了。
|
|
