Federal court rules against military gays policy

SEATTLE - The military cannot automatically discharge people because they're gay, a federal appeals court ruled Wednesday in the case of a decorated flight nurse who sued the Air Force over her dismissal.

The three judges from the 9th U.S. Circuit Court of Appeals did not strike down the military's "don't ask, don't tell" policy. But they reinstated Maj. Margaret Witt's lawsuit, saying the Air Force must prove that her dismissal furthered the military's goals of troop readiness and unit cohesion.

The "don't ask, don't tell, don't pursue, don't harass" policy prohibits the military from asking about the sexual orientation of service members but requires discharge of those who acknowledge being gay or engaging in homosexual activity.


http://news.yahoo.com/s/ap/20080522/ap_on_re_us/military_gays

Funny I was just speculating in another threadd earlier today on how long it would take for a court to toss out the military's don't ask, don't tell policy. How can you kick somebody out for having a marriage declared legal in their state of residency? I mean, either something is legal or its not; can't have it both ways.

Two gay people get married in CA or MA; they move to another state. Their marriage should be accepted, because each state must respect the laws of each other state.

That is what the right wingers are afraid of.

If you are a straight married couple, and move to another state, the second state recognizes the validity of your marriage.

I wonder why nobody has mentioned this. Has nobody but me gone to law school and remembered some of their Constitutional Law class?

Under "Don't Ask, Don't Tell," there would be no difference between "I have a boyfriend" and "I married my boyfriend." Both count as "telling" and so both would be sufficient grounds to being discharge proceedings. The (perceived) legal standing of the marriage itself is irrelevant.