Ban on homosexual conduct in the military likely to remain in place while legal proceedings continue

By Mario Diaz, Esq. at Concerned Women for America

Yesterday, November 1, 2010, the Ninth Circuit Court of Appeals decided (2-1) to grant a stay of the activist ruling by Judge Virginia Phillips of the U.S. District Court, Central District of California, declaring the ban on openly homosexual service members in the military unconstitutional.

The Ninth Circuit correctly concluded the case raises a “serious legal question” and gave three reasons for granting the stay. First, that “Acts of Congress are presumptively constitutional.” Second, that “‘judicial deference … is at its apogee’ when Congress legislates under its authority to raise and support armies.” And third, that “the district court’s analysis and conclusions are arguably at odds with the decision of at least four other Circuit Courts of Appeal.”

The court said, “[W]e conclude that the government’s colorable allegations that the lack of an orderly transition in policy will produce immediate harm and precipitous injury are convincing. We also conclude that the public interest in ensuring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay.”

The panel highlighted, as the district court had done before it, that “[t]he Administration does not support § 654 as a matter of policy and strongly believes Congress should repeal it. …”

And that is just the latest attempt by the Obama Administration to undermine federal law and the will of “we the people” by letting the court, and anyone else willing to listen, know that they are “defending” what they believe to be an unconstitutional law.

We have seen this type of double speak before in the President’s many attempts be all to all, especially during campaign season. We saw it very clearly in the administration’s pathetic attempt to “defend” the traditional definition of marriage in California for example, where they, again, went to the Court saying, “We will defend this unconstitutional, bigoted law because we have to but we do not really want to.”

No surprise to anyone, President Obama’s views on marriage are now “evolving,” as he revealed in a recent interview: “I have been to this point unwilling to sign on to same-sex marriage primarily because of my understandings of the traditional definitions of marriage. … But I also think you’re right that attitudes evolve, including mine.”

The eight-page decision by the Ninth Circuit panel means the ban on open homosexuality in the military will remain in place for the time being, at least until the judicial proceedings are over.

For the Obama administration, it means they will have to put a halt to their “victory tour” celebrating open homosexuality in the military. If you remember, the ink was not even dry on the district court’s denial of the petition to stay its ruling when the Pentagon sent memos instructing recruiters to accept open homosexuals.

But the delay might be a welcomed one for the president. Better wait till campaign season is officially over.

Concerned Women for America
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