Thursday, March 31, 2011

The 11th Hour Repreive of Derek Morado - Why DADT Needs to Be Declared Unconstitutional

One hundred days since President Obama signed repeal legislation supposedly ending DADT the military continues to persecute and process discharge proceedings against LGBT service members. It's a case of religious based bigotry at its worse - other than religious base prejudice DADT has no basis in fact - yet Obama has issued no executive order to suspend ongoing witch hunts against LGBT service members. Once again, Obama proves himself to be to be a false "fierce advocate'" for LGBT Americans. Instead he our president seems more concerned about offending the sensibilities of Christianists - who will always despise him regardless of what he does. - rather than upholding the constitutional rights of citizens. Either the man is incredibly stupid or he's lying to the LGBT community. Sadly, I suspect that it's the latter and that we only see action from the White House when pressure from LGBT activists becomes merciless and unrelenting.
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Daily Kos has a piece that looks at what was the ongoing persecution of Derek Morado (pictured above) who faced discharge from the military until a short while ago today even as DADT is supposedly grinding to and end. Faced with this hypocrisy and double speak, Servicemembers Legal Defense Network (SLDN) has filed an amicus brief pushing for an appellate court ruling rendering DADT unconstitutional. It is truly the only way to drive a wooden stack through the heart of DADT and the bullshit propaganda of its Christofascist supporters. once and for all . First these highlights from Daily Kos:
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Petty Officer – 2nd Class Derek Morado joined the navy at the age of 17, and six years later, he is facing a discharge under "Don't Ask, Don't Tell". He was notified of the investigation into his sexual orientation in November, just before "repeal" passed. He was outed by somebody who read his MySpace page:

"In November I was told I was going to be administratively separated under the terms of "Don't Ask, Don't tell"... due to what they find is enough evidence to separate me based on a social networking website called My Space," Morado said.
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Just to be clear. "Don't Ask, Don't Tell" has not been repealed. Congress has authorized it's repeal, but it hasn't happened yet. Although Sec. Gates banned investigations launched by anonymous tips, third-party outings are still--today--causing gay servicemembers to be discharged.
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The piece goes on to urge readers as follows:
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If you want your gay dollars to make a difference, ignore the latest "give us money and we'll get ENDA passed" gimmick from Barney Frank and Gay, Inc. Sign the petition and donate to GetEQUAL.
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It is a sad reality that only when the LGBT community raises Hell and threatens to shut off the money spigot to Democrats does anything ever seem to happen. Indeed, the last minute action on repeal is a case in point. Too many of our supposed allies in the Democrat Party care nothing about our lives or our rights until the LGBT ATM is on the verge of a shutdown.
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As for SLDN's amicus brief, here are highlights from a press release from earlier today:
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Army Veteran and Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis today announced the filing of an Amicus Curiae brief with the Ninth Circuit Court of Appeals in support of the Log Cabin Republicans in its ongoing constitutional challenge to "Don't Ask, Don't Tell."
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"We believe the September 2010 decision by Judge Philips should be affirmed," said Sarvis. "Though the repeal process is underway, this discriminatory and unconstitutional law continues to place service members in danger of discharge, has a negative impact on recruitment, and sends a contradictory message to active duty service members who are now being trained on what open service will look like."
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"This training is not rocket science, and we believe strongly that the Services can get this done by April 30th," said Sarvis. "The repeal legislation established only one requirement before the President, Secretary of Defense, and Chairman of the Joint Chiefs could certify that the armed forces were ready for repeal - that the Pentagon had prepared the necessary policies and regulations. A hundred days later, this relatively straightforward task has not been completed, and we're tying up our courts and handicapping our military as we continue to enforce a law that's been rejected by the American people."

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