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View Diary: Jon Stewart slams White House on LGBT executive order (48 comments)

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  •  But it isn't true (4+ / 0-)

    That the Civil Rights act can be overturned by EO.

    It is true a gay ban on military service can be reinstituted.

    That was the policy prior to 1993.

    "In the end, we will remember not the words of our enemies, but the silence of our friends."—Martin Luther King Jr.

    by Scott Wooledge on Tue May 01, 2012 at 01:17:53 PM PDT

    [ Parent ]

    •  ... (0+ / 0-)

      I was addressing the overall argument/rhetoric that "they" will repeal or over turn that law.  That was the fear many blacks had when the was passed, definitely considering how hard  it was filibustered.  Also, it's a law that's still gets voted on.  So technically, it can be repealed...  I believe there are still groups advocating it repeal.

       I don't believe the DoD or any future president will reinstate the ban.  The concern is valid because the law just passed but I don't see such a thing happening.

      The greatest trick the Devil ever pulled was convincing online commenters that they have anything to say.-- B.F.

      by lcj98 on Tue May 01, 2012 at 01:59:27 PM PDT

      [ Parent ]

      •  I think I said something stupid... (0+ / 0-)

        And I'm going to ask something stupid:  Was the Civil Rights Act of 1964 get voted on again in 2008 or earlier?  I remember hearing about that but I can't find it...

        The greatest trick the Devil ever pulled was convincing online commenters that they have anything to say.-- B.F.

        by lcj98 on Tue May 01, 2012 at 02:14:21 PM PDT

        [ Parent ]

      •  Well, Obama disagrees (4+ / 0-)
        Recommended by:
        FogCityJohn, craigkg, EdSF, liberaldemdave

        "In the end, we will remember not the words of our enemies, but the silence of our friends."—Martin Luther King Jr.

        by Scott Wooledge on Tue May 01, 2012 at 02:37:30 PM PDT

        [ Parent ]

      •  Wasn't addressing the "will" but the "way." (2+ / 0-)
        Recommended by:
        craigkg, EdSF

        Whether the next Republican administration will choose to reinstate the policy or not, I was simply pointing out that, legally speaking, it would be very easy for them to do so.  The DADT Repeal Act removed the statutory requirement that openly LGB servicemembers be expelled from the military.  It did not, however, create any statutory right for LGBs to serve openly, or indeed to serve at all.  Instead, the nondiscrimination protections were deleted from the proposed legislation and do not appear in the Repeal Act.

        In addition, the Pentagon made a deliberate decision not to adopt any administrative nondiscrimination regulations to protect LGB servicemembers.  (The rationale the brass offered was that such protections might offend bigoted straight troops, who are already chafing under such things as protections for racial minorities and women.)  So LGB servicemembers may now serve openly, but if they are discriminated against because of their sexual orientation, they have no legal recourse.  Sexual orientation discrimination is not prohibited anywhere in the UCMJ or in DoD's regulations.

        "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

        by FogCityJohn on Tue May 01, 2012 at 03:23:51 PM PDT

        [ Parent ]

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