Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

By ***EXECUTIVE ORDER*** -- President Truman Wipes Out Segregation in Armed Forces

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:01 PM
Original message
By ***EXECUTIVE ORDER*** -- President Truman Wipes Out Segregation in Armed Forces
Printer Friendly | Permalink |  | Top
billyoc Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:04 PM
Response to Original message
1. That was before keeping their powder dry was the Democratic Party's raison d'etre.
:eyes:
Printer Friendly | Permalink |  | Top
 
peacebird Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:06 PM
Response to Original message
2. Obama should use same to wipe out DADT and to give equal rights to GLBT folks
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:06 PM
Response to Original message
3. It wasn't illegal to be an African-American in the Army
Edited on Mon Jun-08-09 07:07 PM by WeDidIt
It IS currently illegal to be homosexual and in the army.

That's why DADT exists. It was Clinton's workaround to the fact that it's illegal to be gay and in the armed forces. DADT was an executive order. It can be rescinded by Obama, but that puts us right back were we were before DADT.

It will take an act of Congress to overturn the law that makes it illegal to be a homosexual in the armed forces.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:07 PM
Response to Reply #3
4. Obama could save careers NOW while it's hashed out. But he won't.
Fierce advocate and all.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:08 PM
Response to Reply #4
6. If he does, he's violating the law. n/t
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:09 PM
Response to Reply #6
8. Oh please.
Edited on Mon Jun-08-09 07:15 PM by Bluebear
PS, you can call us gays and lesbians, not "a homosexual".
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:19 PM
Response to Reply #8
13. I'm using the terminology in the law
:eyes:

And yes, it is illegal to be gay and in the military under the Uniform Code of Military Justice. SCOTUS precedent upholds this law. Only the Congress can alter this law, then it requires a president's signature.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:21 PM
Response to Reply #13
16. Oh? Do they use "African-American" in the law?
:eyes:
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:26 PM
Response to Reply #16
21. There was never a law prohibiting African Americans from serving.
There was only organizational precedent and military regulations (not law under the UCMJ) that kept the military segregated.

Thus, a president had the power to alter that organizatonal precedent.

The same is not true for gays in the military. There is law. The SCOTUS has upheld it. It can only be altered via an Act of Congress.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:27 PM
Response to Reply #21
22. Obama could stop careers & lives being ruined TODAY via executive order.
He doesn't care, that's the bottom line.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:29 PM
Response to Reply #22
27. No, he can't. IT would be illegal for him to issue such an order. n/t
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:29 PM
Response to Reply #27
29. You don't know what you're talking about, sorry and goodbye.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:31 PM
Response to Reply #29
31. Actually, you're the one who's clueless here
You are entitled to your own opinion. You aren't entitled to your own facts.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:32 PM
Response to Reply #31
32. Shame on you.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:39 PM
Response to Reply #32
43. You're the one being shameful.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:34 PM
Response to Reply #31
34. Obama could issue an order this minute to stop terminating gays from the military.
This very minute.

That he doesn't is a political decision, not a legal position and that is obvious.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:39 PM
Response to Reply #34
42. And one minute later it and DADT would be overturned by the SCOTUS
and you'd be back to witch hunts for gay people in the military.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:41 PM
Response to Reply #42
45. No, because the American people are on the right side of this.
Finally.

Obama needs to catch up and stop this travesty. We need those people being terminated and we need our service people to garner the respect they deserve for their service. Period.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:49 PM
Response to Reply #45
50. Alito, Scalia, Thomas, Roberts, Kennedy
Nope, no executive order would ever stand up there.

Congress, on the other hand, is ripe for pressure on this. 67% of the American people support this change, so call Congress.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:55 PM
Response to Reply #50
54. The Supreme Court would not deny personnel to the President in wartime.
And Congress can't lace its shoes with both hands and a helper.

Maybe you should call Congress and offer them your expertise.
Printer Friendly | Permalink |  | Top
 
Creideiki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:48 PM
Response to Reply #31
69. Sorry, Bluedawg is correct
There are two different directions here:

1) As Commander-in-Chief, tell his subordinates not to execute a specific policy.

2) As head of the Executive Branch of government, exercise his check on Legislative power.

Marine Corps Officer training. Got to love it.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:57 PM
Response to Reply #69
72. Bear.
Not dawg. But I digress lol!
Printer Friendly | Permalink |  | Top
 
Creideiki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 09:20 PM
Response to Reply #72
74. Bear. Dawg. Meh.
Blue someanimal. ;)
:hug:
Printer Friendly | Permalink |  | Top
 
bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 10:09 PM
Response to Reply #74
75. Hey I resemble that remark!
:P :hi:
Printer Friendly | Permalink |  | Top
 
JustinL Donating Member (439 posts) Send PM | Profile | Ignore Tue Jun-09-09 02:53 AM
Response to Reply #27
78. not according to 10 U.S.C. 12305
here:

Sec. 12305. Authority of President to suspend certain laws
relating to promotion, retirement, and separation

(a) Notwithstanding any other provision of law, during any period
members of a reserve component are serving on active duty pursuant to an
order to active duty under authority of section 12301, 12302, or 12304
of this title, the President may suspend any provision of law relating
to promotion, retirement, or separation applicable to any member of the
armed forces who the President determines is essential to the national
security of the United States.
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:23 PM
Response to Reply #13
18. The idea of an executive order is it makes laws without the approval of congress
It made slavery and segregation illegal without approval from congress.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:28 PM
Response to Reply #18
25. The Emancipation Proclamation only held sway in states in rebellion
It had no effect upon the status of slave in Kentucky, West Virginia, and Missouri. It was claimed Lincoln did not have this power over states in rebellion, but the constitution was amended before it was tested.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:29 PM
Response to Reply #25
28. So, it worked. n/t
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:32 PM
Response to Reply #28
33. Talk to Congress
They hold the power in this.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:34 PM
Response to Reply #33
36. Wrong. Obama has more power than they do and he will
throughout his tenure.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:50 PM
Response to Reply #36
51. You really assign far more power to the Excutive branch than exists there. n/t
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:50 PM
Response to Reply #36
52. You really assign far more power to the Excutive branch than exists there. n/t
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:57 PM
Response to Reply #52
56. A committee of military law experts at the University of Cal @ Santa Barbara disagree with you
They say the President as the authority to issue an executive order halting "don't ask, don't tell." Under Title 10 US Code 12305.

I can't copy and paste PDF but it goes to great lengths telling you how you're wrong.
http://www.palmcenter.org/files/active/0/Executive%20Order%20on%20Gay%20Troops%20-%20final.pdf
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:20 PM
Response to Reply #6
15. I really don't understand executive orders
But it usually makes something legal without approval from congress such as the Emancipation of Proclamation, the OP, Eisenhower's desegregating of schools, and Clinton started the Kosovo war thru an executive order.

I looked it up and only two in history were overturned. One by Truman for placing Steel Mills under Governmment control and Clinton's 1996 decision to prevent the government from contracting with organizations that had strike-breakers on the payroll.

Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:30 PM
Response to Reply #15
30. Eisenhower was enforcing a SCOTUS decision
The Emancipation PRoclamation only freed slaves being held by states in rebellion, and that was considered an iffy proposition at best. The constitution was amended to end slavery before it was ever tested.

PResidents cannot alter law by fiat.
Printer Friendly | Permalink |  | Top
 
RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:36 PM
Response to Reply #15
39. You're right - you don't understand.
The emancipation proclamation was a military edict that only affected rebel states - slavery was NOT outlawed in the border states or in free states that had graduated emancipation. That didn't happen until the 14th amendment was passed.

Likewise, Eisenhower's desegregation - the 14th amendment had been passed already, so all his desegregation order did was implement a law that was already passed.

Also, desegregating the military by Truman only overturned military regulations, as there was no federal law banning blacks from the military.

Clinton - Kosovo bombing campaign was approved in law by the war powers act, before he even came to office.

Executive orders do NOT create law, bypassing congress. THAT would be unconstitutional.
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:29 PM
Response to Reply #39
63. I understand it much better
However Bush limited public access to the papers of Presidents Reagan and George H.W. Bush despite already existing law that already establishes what can be looked at and what can't. However Obama overturned that first day in office so it is still confusing but that is an example of one despite what the law says.
Printer Friendly | Permalink |  | Top
 
RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:35 PM
Response to Reply #63
64. Easy. Bush BROKE the law. Obama, by reversing Bush's illegal
executive order, restored it.

I don't want Obama to emulate Bush by breaking the law.
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:47 PM
Response to Reply #64
68. Even though it was illegal it still went through
However only two executive orders were overturned so I haven't read every single executive order to determine whether or not it was in violation with the law. The first one was when Truman tried to put steel mills under government control, that was overturned by the SCOTUS. Clinton that attempted to prevent the U.S. government from contracting with organizations that had strike-breakers on the payroll. Congress overturned that by passing legislation in direct conflict with that. In the latter scenario he could've veto'd it but congress has the authority to overturn that with a supermajority. Frankly I don't have the time anymore to search every executive order so I'm mostly done for the night still got a few more minutes though. :)
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:12 PM
Response to Reply #3
10. Please read your own rationalization for denying civil rights to your fellow citizens.
Christ.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:13 PM
Response to Reply #10
11. The apologists on this issue are a total disgrace.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:18 PM
Response to Reply #11
12. Thankfully, the people are moving faster than the politicians or the apologists.
Damn. I can't wait until DU figures out that you can support a Democratic President AND disagree with him AND criticize him AND tell him that one of his policies is regressive.

Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:23 PM
Response to Reply #11
17. And I'm only stating FACTS
It is a FACT that it is illegal to be gay and in the military under the Uniform Code of Military Justice.

It is a FACT that the Uniform Code of Military Justice is law enacted by Congress.

It is a FACT that the president is powerless to overturn any portion of the Uniform Code of Military Justice. No President can, by fiat or executive order, alter what is codified into Military LAw. Only the Congress is vested with that power under the Constitution.

It is a FACT that the SCOTUS has upheld the law making it illegal to be gay and in the military.

I don't agree with it, I'm simply stating the facts.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:25 PM
Response to Reply #17
20. 'the Obama administration’s contribution to the case is even more problematic'
The administration has said all along that it will follow and support the law while it remains legal, and yet their argument– that the policy is “rationally relationed to the government’s legitimate interest in military discipline and cohesion”– seems callous to the extreme.

The complete dearth of leadership on this issue is made only more complicated by the reality that a vast (and growing) majority of Americans want to see the policy overturned. A new poll from Gallup shows that 69% of Americans want to see the policy overturned, an increase of six percent over the last five years. While liberal support for overturning the policy has consistently been high, the most dramatic change is among conservative and church-going voters.

Americans are six percentage points more likely than they were four years ago to favor allowing openly gay men and lesbian women to serve in the military, 69% to 63%. While liberals and Democrats remain the most supportive, the biggest increase in support has been among conservatives and weekly churchgoers — up 12 and 11 percentage points, respectively.

The significant– and diverse– support for ending Don’t Ask, Don’t Tell means that it is time for change. The Obama administration had better wake up and smell the progress on this one, before it becomes even more obvious that they’re playing politics with our national security.


http://www.365gay.com/blog/lowenstein-obama-administration-argued-dadt-rational-policy/
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:20 PM
Response to Reply #10
14. I;m only stating the facts.
It is ILLEGAL to be gay and in the military.

The Uniform Code of Military Justice is set by Congress.

The SCOTUS has upheld the law that makes it illegal to be gay and in the military.

I don't write the laws. Congress does.

Talk to Congress.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:24 PM
Response to Reply #14
19. The SCOTUS has upheld the law - granting an OBAMA request.
“The Supreme Court on Monday turned down a challenge to the Pentagon policy forbidding gays and lesbians from serving openly in the military, granting a request by the Obama administration.

http://www.365gay.com/blog/lowenstein-obama-administration-argued-dadt-rational-policy/
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:34 PM
Response to Reply #19
35. Okay, let's overturn DADT
Now we're back to a sergeant sneaking around behind a lieutenant he doesn't like, insinuating the Lt. is gay, reporting it to a Captain, and the Lt. loses his commission without ever having revealed he's gay.
Printer Friendly | Permalink |  | Top
 
bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:57 PM
Response to Reply #35
71. Yes! Let's do and pass HR 1283. It was first introduced in 2005!

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:H.R.1283:

H.R.1283
Title: To amend title 10, United States Code, to enhance the readiness of the Armed Forces by replacing the current policy concerning homosexuality in the Armed Forces, referred to as "Don't Ask, Don't Tell", with a policy of nondiscrimination on the basis of sexual orientation.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:28 PM
Response to Reply #14
23. Right. All of a sudden, the Executive has no power and Congress is functional?
The Emancipation Proclamation was Executive Order #1. Surely Obama can follow his hero and do as well.


Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:29 PM
Response to Reply #23
26. He would be BREAKING THE LAW!!!!1
:sarcasm:

Uggh.
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:37 PM
Response to Reply #23
40. Obama CANNOT overturn the UCMJ via Executive Order
Period.

IT would take about ten minutes for the SCOTUS to overturn such an order, guaranteed, because all it would take is ONE General Officer to oppose it. Just one, and there would probably be at least fifty. Teh SCOTUS would grant inmmediate certiorari and would uphold the UCMJ over Obama's order on an emergency basis in hearings that happen so swift they make Bush v. Gore seem to hav proceeded at a snail's pace.

IF Obama issued such an order today, DADT would be dead and it would be another twenty years before gay people could even serve in the military, let alone openly serve.
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:46 PM
Response to Reply #40
48. You made your point but it is US Federal Law not UCMJ that you're speaking of
Homosexual doesn't exist in UCMJ.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:48 PM
Response to Reply #40
49. Are you arguing that the Supreme Court would rule against retaining
our people while we are in two wars?

No, they wouldn't.
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:35 PM
Response to Reply #14
37. I can't find being a homosexual specifically mentioned
It mentions sodomy but that applies to all sexes and animals but I never seen it enforced or ever proven. I'm suprised because the SCOTUS struck down all sodomy laws in 2003.

I see Dueling is still against the law as it should be but it's a little outdated I think. Who still duels?
Printer Friendly | Permalink |  | Top
 
WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:38 PM
Response to Reply #37
41. The striking down of civilian laws doesn't apply to the UCMJ. n/t
Edited on Mon Jun-08-09 07:38 PM by WeDidIt
Printer Friendly | Permalink |  | Top
 
JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:45 PM
Response to Reply #41
47. Being a homosexual is not regulated by UCMJ
It is regulated by US Federal law Title 10 Chapter 37 Section 654.

Sec. 654. Policy concerning homosexuality in the armed forces

(a) Findings.--Congress makes the following findings:
(1) Section 8 of article I of the Constitution of the United
States commits exclusively to the Congress the powers to raise and
support armies, provide and maintain a Navy, and make rules for the
government and regulation of the land and naval forces.
(2) There is no constitutional right to serve in the armed
forces.
(3) Pursuant to the powers conferred by section 8 of article I
of the Constitution of the United States, it lies within the
discretion of

<[Page 299>]

the Congress to establish qualifications for and conditions of
service in the armed forces.
(4) The primary purpose of the armed forces is to prepare for
and to prevail in combat should the need arise.
(5) The conduct of military operations requires members of the
armed forces to make extraordinary sacrifices, including the
ultimate sacrifice, in order to provide for the common defense.
(6) Success in combat requires military units that are
characterized by high morale, good order and discipline, and unit
cohesion.
(7) One of the most critical elements in combat capability is
unit cohesion, that is, the bonds of trust among individual service
members that make the combat effectiveness of a military unit
greater than the sum of the combat effectiveness of the individual
unit members.
(8) Military life is fundamentally different from civilian life
in that--
(A) the extraordinary responsibilities of the armed forces,
the unique conditions of military service, and the critical role
of unit cohesion, require that the military community, while
subject to civilian control, exist as a specialized society; and
(B) the military society is characterized by its own laws,
rules, customs, and traditions, including numerous restrictions
on personal behavior, that would not be acceptable in civilian
society.

(9) The standards of conduct for members of the armed forces
regulate a member's life for 24 hours each day beginning at the
moment the member enters military status and not ending until that
person is discharged or otherwise separated from the armed forces.
(10) Those standards of conduct, including the Uniform Code of
Military Justice, apply to a member of the armed forces at all times
that the member has a military status, whether the member is on base
or off base, and whether the member is on duty or off duty.
(11) The pervasive application of the standards of conduct is
necessary because members of the armed forces must be ready at all
times for worldwide deployment to a combat environment.
(12) The worldwide deployment of United States military forces,
the international responsibilities of the United States, and the
potential for involvement of the armed forces in actual combat
routinely make it necessary for members of the armed forces
involuntarily to accept living conditions and working conditions
that are often spartan, primitive, and characterized by forced
intimacy with little or no privacy.
(13) The prohibition against homosexual conduct is a
longstanding element of military law that continues to be necessary
in the unique circumstances of military service.
(14) The armed forces must maintain personnel policies that
exclude persons whose presence in the armed forces would create an
unacceptable risk to the armed forces' high standards of morale,
good order and discipline, and unit cohesion that are the essence of
military capability.
(15) The presence in the armed forces of persons who demonstrate
a propensity or intent to engage in homosexual acts would create an
unacceptable risk to the high standards of morale, good order and
discipline, and unit cohesion that are the essence of military
capability.

(b) Policy.--A member of the armed forces shall be separated from
the armed forces under regulations prescribed by the Secretary of
Defense if one or more of the following findings is made and approved in
accordance with procedures set forth in such regulations:
(1) That the member has engaged in, attempted to engage in, or
solicited another to engage in a homosexual act or acts unless there
are further findings, made and approved in accordance with
procedures set forth in such regulations, that the member has
demonstrated that--
(A) such conduct is a departure from the member's usual and
customary behavior;
(B) such conduct, under all the circumstances, is unlikely
to recur;
(C) such conduct was not accomplished by use of force,
coercion, or intimidation;
(D) under the particular circumstances of the case, the
member's continued presence in the armed forces is consistent
with the interests of the armed forces in proper discipline,
good order, and morale; and
(E) the member does not have a propensity or intent to
engage in homosexual acts.

(2) That the member has stated that he or she is a homosexual or
bisexual, or words to that effect, unless there is a further
finding, made and approved in accordance with procedures set forth
in the regulations, that the member has demonstrated that he or she
is not a person who engages in, attempts to engage in, has a
propensity to engage in, or intends to engage in homosexual acts.
(3) That the member has married or attempted to marry a person
known to be of the same biological sex.

(c) Entry Standards and Documents.--(1) The Secretary of Defense
shall ensure that the standards for enlistment and appointment of
members of the armed forces reflect the policies set forth in subsection
(b).
(2) The documents used to effectuate the enlistment or appointment
of a person as a member of the armed forces shall set forth the
provisions of subsection (b).
(d) Required Briefings.--The briefings that members of the armed
forces receive upon entry into the armed forces and periodically
thereafter under section 937 of this title (article 137 of the Uniform
Code of Military Justice) shall include a detailed explanation of the
applicable laws and regulations governing sexual conduct by members of
the armed forces, including the policies prescribed under subsection
(b).
(e) Rule of Construction.--Nothing in subsection (b) shall be
construed to require that a member of the armed forces be processed for
separation from the armed forces when a determination is made in
accordance with regulations prescribed by the Secretary of Defense
that--

<[Page 300>]

(1) the member engaged in conduct or made statements for the
purpose of avoiding or terminating military service; and
(2) separation of the member would not be in the best interest
of the armed forces.

(f) Definitions.--In this section:
(1) The term ``homosexual'' means a person, regardless of sex,
who engages in, attempts to engage in, has a propensity to engage
in, or intends to engage in homosexual acts, and includes the terms
``gay'' and ``lesbian''.
(2) The term ``bisexual'' means a person who engages in,
attempts to engage in, has a propensity to engage in, or intends to
engage in homosexual and heterosexual acts.
(3) The term ``homosexual act'' means--
(A) any bodily contact, actively undertaken or passively
permitted, between members of the same sex for the purpose of
satisfying sexual desires; and
(B) any bodily contact which a reasonable person would
understand to demonstrate a propensity or intent to engage in an
act described in subparagraph (A).
http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc10.wais&start=2330119&SIZE=10846&TYPE=TEXT
Printer Friendly | Permalink |  | Top
 
HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:07 PM
Response to Original message
5. Breaking: Apples Unlike Oranges
Printer Friendly | Permalink |  | Top
 
JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:08 PM
Response to Original message
7. In an election year too! Harry had brass balls
Printer Friendly | Permalink |  | Top
 
Oeditpus Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:28 PM
Response to Reply #7
24. I was just noting the date
A little more than three months before this:







Gotta wonder how many votes that order cost him.

Titanium, I'd say.



Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:36 PM
Response to Reply #24
38. As I understand it, Truman won because black voters backed him.
That was the real swing vote in that election and Truman got it.
Printer Friendly | Permalink |  | Top
 
Oeditpus Rex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:40 PM
Response to Reply #38
44. Give 'em hell, Harry
You old sonofabitch. :D



Printer Friendly | Permalink |  | Top
 
Captain Hilts Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:21 PM
Response to Reply #38
62. He had to ovecome having segregationist Jimmy Byrnes as his Sec. of State.
Byrnes had campaigned to be FDR's last Veep also.
Printer Friendly | Permalink |  | Top
 
stevedeshazer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:10 PM
Response to Original message
9. Almost 61 years ago.
I really don't see what they're waiting for over in the West Wing.

Truman had been President for three years. I haven't given up, but this ridiculous discrimination has to stop, and Obama has the power to stop it, at least as far as the military is concerned.
Printer Friendly | Permalink |  | Top
 
RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:42 PM
Response to Original message
46. It would seem we've suffered under the Bushco imperial presidency too long -
people have forgotten exactly what the limits to executive authority are.
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:50 PM
Response to Reply #46
53. The Executive certainly has the power to retain personnel in wartime.
Edited on Mon Jun-08-09 07:51 PM by EFerrari
Maybe it's more the case that you are denying Obama has the power that he actually has.

A change of president isn't a change to executive power. We still need to reform that but to overlook or minimize the power at Obama's disposal today, right now, is disingenuous.
Printer Friendly | Permalink |  | Top
 
RaleighNCDUer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:56 PM
Response to Reply #53
55. You know where he got THAT power? From the possibly extra-constitutional
law that was meant to enable Bush to prevent military personnel from leaving the service at the end of their enlistments - that COULD be interpreted as indentured servitude.

You think that maybe Obama might be a little leery of using the expanded powers that the Republican gave Bush?

Do we REALLY want an executive who rules by edict?
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:57 PM
Response to Reply #55
57. >You think that maybe Obama might be a little leery of using the expanded powers ...< NO.
For example, warrantless wiretapping. Comment?
Printer Friendly | Permalink |  | Top
 
EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 07:58 PM
Response to Reply #55
58. If you are referring to Lincoln, I think Obama has already studied on that.
:)
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:00 PM
Response to Reply #55
59. 'In Warrantless Wiretapping Case, Obama DOJ's New Arguments Are Worse Than Bush's'
Again, the gulf between Candidate Obama and President Obama is striking. As a candidate, Obama ran promising a new era of government transparency and accountability, an end to the Bush DOJ's radical theories of executive power, and reform of the PATRIOT Act. But, this week, Obama's own Department Of Justice has argued that, under the PATRIOT Act, the government shall be entirely unaccountable for surveilling Americans in violation of its own laws.


http://www.eff.org/deeplinks/2009/04/obama-doj-worse-than-bush
Printer Friendly | Permalink |  | Top
 
bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:46 PM
Response to Reply #59
67. He has Congressinal authority to stop discharges today.
>>"This is because Congress has already granted the president authority to halt military discharges in the interest of national security. Under 10 U.S.C. 12305, "the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States." <<
- http://www.tnr.com/politics/story.html?id=464a2c20-e692-4a21-889a-4fd2ba49d9f6
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 09:12 PM
Response to Reply #55
73. Comment on warantless wiretapping, please? (re: Obama leery of using expanded powers)
Printer Friendly | Permalink |  | Top
 
ProgressIn2008 Donating Member (848 posts) Send PM | Profile | Ignore Mon Jun-08-09 08:02 PM
Response to Reply #46
61. I'd even be grateful for the bully pulpit and even 15 minutes of anything but cowardice.
He can show some leadership. He can grow a spine. He can stand up for civil rights.
Printer Friendly | Permalink |  | Top
 
bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:36 PM
Response to Reply #46
65. Statutory use of power is not imperial use of power.
http://www.tnr.com/politics/story.html?id=464a2c20-e692-4a21-889a-4fd2ba49d9f6

"One of the main impediments to swift action is the assumption that, since the current ban on openly gay service is a federal law, Congress is the only body that can end it. But according to a report released yesterday by the Palm Center (to which I contributed), the president actually has legal authority to end gay discharges with a single order. "Don't ask, don't tell" is both a Pentagon policy and a federal statute, the result of a 1993 political compromise by Clinton, Congress, and military brass. To get the current ban wholly off the books, Congress will need to act. But to end the practice of discharging gays from the military, the president can exercise his constitutional and statutory authority without any blessing from Congress."

Printer Friendly | Permalink |  | Top
 
ColbertWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:01 PM
Response to Original message
60. Damn right it was. The buck. Where does it stop? n/t
Printer Friendly | Permalink |  | Top
 
bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:41 PM
Response to Original message
66. Perhaps if all 65,000 gay service men and women came out in the same week
it might create some notice of their collective importance. Why wait to be picked off by a snitch?
Printer Friendly | Permalink |  | Top
 
WI_DEM Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 08:49 PM
Response to Original message
70. It only took Truman over 3 years (FDR never would have done it) and JFK took 2 years
Edited on Mon Jun-08-09 08:50 PM by WI_DEM
to get his executive order ending discrimination in federal housing "by a stroke of a pen" as he promised in 1960. It takes time it seems for some of these "profiles in courage" to be done--it seems.
Printer Friendly | Permalink |  | Top
 
bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-08-09 10:39 PM
Response to Reply #70
76. "In such short time" the admin has accomplished a lot - except civil rights.
May 21, 2009 Weapons Systems Acquisition Reform
May 20, 2009 Credit Cardholders' Bill of Rights

May 19, 2009 Helping Families Save Their Homes Act
May 18, 2009 Mortgage Fraud and Recovery Act and Financial Crisis Inquiry Commission
May 12, 2009 Chesapeake Bay Protection and Restoration Exec Order
Apr 21, 2009 Kennedy Serve America Act

Mar 30, 2009 Omnibus Public Lands Wilderness Act
Mar 11, 2009 Omnibus Appropriations Act
Mar 11, 2009 Executive Order Creating the White House Council on Women and Girls

Mar 9, 2009 Removing Barriers to Responsible Scientific Research Involving Human Stem Cells
Feb 17, 2009 Recovery & Reinvestment Act

Feb 6, 2009 Executive Order: Use of Project Labor Agreements for Federal Construction Projects

Feb 5, 2009 Amendments to Executive Order 13199 and Establishment of the President's Advisory Council for Faith-Based and Neighborhood Partnerships

Feb 4, 2009 Presidential Memorandum -- State Children's Health Insurance Program
Jan 30, 2009 Executive Order -- Economy in Government Contracting
Jan 30, 2009 Executive Order -- Notificiation of Employee Rights Under Federal Labor Laws
Jan 29, 2009 Lily Ledbetter Fair Pay Act
Jan 27, 2009 Unexpected Urgent Refugee and Migration Needs Related to Gaza
Jan 26, 2009 The Energy Independence and Security Act of 2007
Jan 26, 2009 California Request for Waiver Under the Clean Air Act
Jan 23, 2009 Mexico City Policy and Assistance for Voluntary Population Planning
Jan 22, 2009 Review of Detention Policy Options
Jan 22, 2009 Review of the Detention of Ali Saleh Kahlah
Jan 22, 2009 Closure Of Guantanamo Detention Facilities
Jan 22, 2009 Ensuring Lawful Interrogations
Jan 21, 2009 Ethics Commitments By Executive Branch Personnel
Jan 21, 2009 Presidential Records
Jan 21, 2009 Freedom of Information Act
Jan 21, 2009 Pay Freeze
Jan 21, 2009 Transparency and Open Government
Printer Friendly | Permalink |  | Top
 
solstice Donating Member (278 posts) Send PM | Profile | Ignore Mon Jun-08-09 11:05 PM
Response to Original message
77. There is no excuse for Obama turning his back on gay rights. NONE.
Printer Friendly | Permalink |  | Top
 
Jamastiene Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-09-09 08:47 AM
Response to Original message
79. Oh my. You are engaging in oldthink.
We are no longer permitted to do that, don'cha know? We must be good little gays and accept our indentured servitude with no respect whatsoever...Wanting any equal rights whatsoever is a symptom of ownlife and we cannot have that can we? Miniluv forbids it.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu May 02nd 2024, 12:21 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC