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View Diary: DADT: Major Witt to return To Air Force! "No important govt interest served by discharge." Updatex6. (320 comments)

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  •  It brings precedent to the issue and can force (1+ / 0-)
    Recommended by:
    Sophie Amrain

    a decision.  If every service person discharged sued under the Witt Standard, the dam would break.

    "Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity." --M. L. King "You can't fix stupid" --Ron White

    by zenbassoon on Fri Sep 24, 2010 at 03:29:27 PM PDT

    [ Parent ]

    •  You would well (6+ / 0-)

      to refrain from trying to argue law with a lawyer.

      •  Then only lawyers get to comment (0+ / 0-)

        with each other in these cases.  Or we're not to argue with a lawyer's pronouncement if we're not a lawyer?  I think many in Congress are lawyers.  Are we not to argue with them?  Can a lawyer be mistaken or corrected?  I thought our legal system was about building a case based on precedents that favor an argument (precedents often conflicting with each other, or interpreted in a nuanced way to advance a cause).  One needs to pass the bar in order to make a comment here? One may not have all the specialized jargon to argue with a lawyer (jargon designed and preserved to strike fear in people who say that you should not argue law with a lawyer), but one may nonetheless have the intelligence, philosophical background, and education to do it.

        •  Feel free to argue (0+ / 0-)

          If you can point out where I'm wrong, I invite you to do so.  If the law were an exact science in which equations led to a single right answer to every problem, then I wouldn't have a job.

          Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

          by FogCityJohn on Sat Sep 25, 2010 at 05:01:05 PM PDT

          [ Parent ]

    •  And if wishes were horses . . . (13+ / 0-)

      then beggars would ride.

      But every person discharged is not entitled to the Witt standard.  And even if one is so entitled, the military is still allowed to make a factual case that a person's sexual orientation harms unit cohesion and military readiness.  IOW, the military is still given the chance to justify its discrimination based on sexual orientation.

      Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

      by FogCityJohn on Fri Sep 24, 2010 at 03:41:06 PM PDT

      [ Parent ]

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