U.S. judge says lesbians can be ‘converted’ if allowed to serve in the military

crossposted on Holy Bullies and Headless Monsters

This bit of repulsive information needs to be known:

Joe Rehyansky, a part-time magistrate and Vietnam veteran, wrote on conservative news site The Daily Caller that lesbians should be allowed to serve in the military because straight male soldiers could “convert” them.

The Daily Caller swiftly removed some of his remarks but not before they were picked up by other websites.

Mr Rehyansky, of Hamilton County, Tennessee, argued that men were naturally more promiscuous than women and “it fell to men to swing through the trees and scour the caves in search of as many women as possible to subdue and impregnate – a tough job but someone had to do it”.

Then, he claimed that the “promiscuity” of gay men, coupled with HIV, would have “the potential for disastrous health consequences” if gay men were allowed to serve openly in the military.

Rehyansky's entire piece is vomit-worthy, spewing the same anti-gay distortions which is now coming back to haunt organizations such as the Family Research Council. But it's the following part that's causing eyes, tempers, and blood pressures to be raised:

His final argument, which has now been removed by The Daily Caller, was as follows: “My solution would get the distaff part of our homosexual population off our collective ‘Broke Back,’ thus giving straight male GIs a fair shot at converting lesbians and bringing them into the mainstream.”

How very interesting that this piece came out the week before Congressional hearings and a vote on the repeal of Don't Ask, Don't Tell, the military policy in regards to gays serving in the military.

Call it a hunch, but I'm betting those who want to retain the policy aren't going to be calling on Rehyansky as a witness.

 

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Watch: Iowa ‘Judge Bus’ Supporters Decry ‘Sodomy Marriage’ and ‘Disease-Carrying Nasty Threats to Society’

Monkey

Check out a few interviews from the Courage Campaign's Iowa 'Judge Bus' tracker of Christian wingnut loonies outside various stops on the hate-a-palooza bus tour. 

Wingnuts If you're not familiar with what's happening in Iowa, check out a few of my previous links below.

According to an email provided to Towleroad by journalist Rex Wockner, from Justin Uebelhor, Director of Communications from gay rights group One Iowa:

"The latest poll results show the race deadlocked at 36-35, with still a large pool of undecideds. On one hand, this gives us confidence that things haven't moved much even after nearly 0,000 in ads. On the other hand, it worries us because there are often a block of voters who just vote no by default on retention races….We do feel the energy on our side is picking up with great attendance at our Homegrown Justice rallies to counter the NOM/FRC Judge bus. At many stops, we've outnumbered the opposition 2-1 – resulting in some good media coverage in each town."

Watch the wingnuts go crazy, AFTER THE JUMP

Previously…
Watch: Iowa NOM Supporter Equates Gay Marriage to Goat Marriage [tr]
Guide to the Tube: Iowa 'Judge Bus' Bigot Edition [tr]
Anti-Gay Hate Groups Launch Bus Tour Targeting Pro-Equality Judges in Iowa [tr]
Marriage Equality Under Attack in Iowa on Eve of Bus Tour [tr]



Towleroad News #gay

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Judge: No Stay in DADT Ruling

U.S. district judge Virginia A. Phillips ruled Tuesday that the Justice Department has not met the standards for a stay of her injunction against “don’t ask, don’t tell,” calling its arguments “unpersuasive.” The government is expected to appeal.
Advocate.com: Daily News

—  John Wright

Judge Officially Denies Stay on DADT Injunction as White House Continues Down Muddled Path

Gibbs

It's official. Federal District Judge Virginia Phillips has rejected the government's request for a stay on the injunction she issued barring enforcement of the military's "Don't Ask, Don't Tell" policy.

White House Press Secretary Robert Gibbs was asked about Obama's position on the policy at today's press briefing.

Gibbs seemed vague, at best, in explaining the administration's path on the issue, considering there isn't one. You can read most of the transcript of the relevant questioning, here.

Watch, AFTER THE JUMP


Towleroad News #gay

—  John Wright

Judge Phillips rules against Obama Department of Justice re: DADT Stay of Injunction

Gauntlet thrown down…

Today Judge Phillips ruled against the Department of Justice by denying its request for a stay of injunction in Log Cabin Republicans vs United States of America.  Below please find statements from the Log Cabin Republicans and White & Case on the ruling. The order denying the stay as well as the transcript from yesterday’s hearing are both attached.

Clarke Cooper, Executive Director of Log Cabin Republicans

“Judge Phillips is right to stand with servicemembers by rejecting President Obama’s request to continue this discriminatory policy,” said R. Clarke Cooper, Executive Director of Log Cabin Republicans. “It is vital that as a nation we uphold the fundamental constitutional rights of all soldiers, sailors, airmen, marines and coast guardsmen.  As this past week has shown, our military is well-equipped to adapt to open service, and eager to get on with the work of defending our freedom.  As Commander in Chief, the president should drop his defense of a policy which he knows undermines military readiness and threatens national security.  The president has said that ‘Don’t Ask, Don’t Tell’ will end on his watch, but is currently standing in the way of its demise.  Log Cabin Republicans will continue to fight this policy no matter how many obstacles he puts in the way.”

Dan Woods, White & Case

“We applaud Judge Phillips’s ruling denying the government’s request for a stay of injunction, as it brings us one step closer toward ending once and for all this unconstitutional policy that President Obama and Congress seem incapable or unwilling to end themselves,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans vs United States of America.  “Meanwhile, homosexual servicemembers are fighting and dying today in two wars for their fellow Americans’ constitutional rights, while their own constitutional rights are being held hostage to an uncertain bureaucratic process that seems more interested in beancounting the trouble they would be put to from modifying their training materials than in protecting these servicemembers’ civil rights.”

SLDN:

Statement by Army veteran and SLDN Executive Director Aubrey Sarvis:

“By the judge keeping the injunction in place, lesbian and gay service members are protected another day, but the uncertainty has not gone away.  The Department of Justice will immediately ask the 9th Circuit to stay the injunction.  We’re talking about the careers of patriots, people who are on the frontlines serving our country – some of whom are highly decorated – and the court needs to keep the injunction in place.  As the DOJ fights to keep this unconstitutional and oppressive law, we are monitoring active-duty clients’ cases and fielding calls every day to our hotline.  During this interim period of uncertainty, service members must not come out.  Our service members need finality.  Given the uncertainty in the courts, we urge the Senate to act swiftly next month on repeal when they return to Washington.”

Servicemembers United:

WASHINGTON, D.C. – Servicemembers United, the nation’s largest organization of gay and lesbian troops and veterans, issued the following statement today in response to District Court Judge Virginia A. Phillips’ ruling denying the government’s request to stay her injunction:

“Given that seven days have passed since enforcement of the ‘Don’t Ask, Don’t Tell’ policy was halted, those seeking to reinstate the policy have been proven flat wrong in their predictions of ‘enormous consequences.’ Judge Phillips recognized this contradiction in the Justice Department’s arguments and once again refused to abdicate her duty to reach an objective conclusion based on the evidence before her,” said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “Once again, we call on President Obama to stop defending the ‘Don’t Ask, Don’t Tell’ policy in court and we reiterate that it is the President, not the Attorney General, who has the final word on this decision.”

HRC:

Human Rights Campaign President Joe Solmonese issued the following statement:

“Judge Phillips once again did the right thing for our national security. We call on the administration not to appeal her decision. DADT is an unconscionable law that forces brave lesbian and gay Americans to serve in silence and has forced 14,000 patriotic Americans out of the military. The law is detrimental, not only to our national security, but also to the core American value of fairness.”

HRC urges all fair-minded Americans to sign an open letter to Attorney General Eric Holder, calling on him not to defend DADT at:https://secure3.convio.net/hrc/site/Advocacy?cmd=display&page=UserAction&id=940

Statement by Rea Carey, Executive Director, National Gay and Lesbian Task Force:

“Judge Phillips again rejected the government’s bunk that it’s necessary this discriminatory policy remain in effect any longer. She and the overwhelming majority of Americans have rightly concluded it’s time to make ‘Don’t Ask, Don’t Tell’ a policy of the past. Our elected officials have diddled around and played the delay game as the careers of thousands of courageous, patriotic service members have been destroyed. Phillips said enough is enough, and we couldn’t agree more.”

Prop 8 Trial Tracker is also following.
Pam’s House Blend – Front Page

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Judge Phillips: Nah, I Don’t Think I Want To Hold Off On My DADT Ruling, Thanks

It's tentative, and it doesn't mean gay soldiers should be coming out anytime soon, but Judge Virginia Phillips said today she's not inclined to grant the Justice Department's request for a stay in her issuing an immediate injunction to Don't Ask Don't Tell, which last week killed the law (or threw its status into turmoil, whichever interpretation you prefer). A formal ruling is expected.


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Queerty

—  John Wright

Calling DOJ Arguments “Vague” & “Insufficient,” Judge Phillips For Now Rejects DOJ’s Stay Request

From The Advocate‘s Judge Skeptical of Govt. Arguments

A federal judge issued a tentative ruling Monday denying the government’s request for a stay in the injunction against “don’t ask, don’t tell” but will issue a final ruling by late Monday afternoon or Tuesday morning.

During a 25-minute hearing in Riverside, Calif., U.S. district judge Virginia A. Phillips wasted no time in rejecting the government’s position that barring DADT immediately would be an undue burden on the military, calling the arguments “vague” and “insufficient.”

…Phillips said there were “significant failings” in the evidence submitted by the Justice Department following her injunction issued last week. Though the government declined to put on evidence in the Log Cabin Republicans’ trial against “don’t ask, don’t tell” in July – instead relying solely on the legislative history of the statute – DOJ attorneys submitted a declaration to the court last week from a top Pentagon personnel official who warned against any abrupt change in the policy.  

“[T]he military should not be required to suddenly and immediately restructure a major personnel policy that has been in place for years, particularly during a time when the Nation is involved in combat operations overseas,” the official, Under Secretary of Defense for Personnel and Readiness Clifford Stanley, wrote. “The magnitude of repealing the DADT law and policy is demonstrated by the Department’s ongoing efforts to study the implications of repealing DADT[.]”

From the Los Angeles TimesJudge tentatively rejects ‘don’t ask, don’t tell’ stay request The federal government had asked to delay enforcement of the ruling allowing gays to openly serve in the military. A final decision will be made later Monday or Tuesday:

A federal judge in Riverside who halted the military’s “don’t ask, don’t tell” policy on Monday issued a tentative ruling rejecting a federal government’s request to stay enforcement of the landmark ruling while the government appeals.

Paul Freeborne of the U.S. attorney’s office had urged the judge to halt implementation of the injunction while the federal government appealed the decision.

U.S. District Judge Virginia Phillips said she would issue a final decision later Monday or Tuesday.

Pam’s House Blend – Front Page

—  John Wright

Judge Rejects Government’s Request for Stay of DADT Injunction

Judge Virginia Phillips has rejected the government's request for a stay in the injunction against "Don't Ask, Don't Tell" at a hearing in Riverside, California.

The Advocate reports: Dadt

"During the 25-minute hearing, Phillips wasted no time in rejecting the government's arguments that barring dadt immediately would be an undue burden on the military and called the justice department's declarations to the court both vague and insufficient. Assistant U.S attorney Paul Freeborne asked the court for a five day administrative stay so it can pursue an appeal of the injunction to the U.S. court of appeals for the ninth circuit."

The AP adds:

"Phillips called (the DOJ) request 'untimely,' saying the government had plenty of opportunity to modify her injunction before she ordered it last Tuesday. She also balked at their admission of a Rolling Stone article to support its argument that the abrupt change in the policy would hurt military readiness. 'I hardly need to say more than that,' Phillips said of the article. 'It's hearsay. It's not reliable.' Phillips also said the Justice Department also did not present evidence at the trial to show how her order would cause irreparable harm to U.S. troops. Justice Department attorney Paul Freeborne told her the government had no reason to respond until her order came down. He said her nationwide injunction is unrealistic. 'You're requiring the Department of Justice to implement a massive policy change, a policy change that may be reversed upon appeal,' Freeborne told her. Freeborne said the government would go to a higher court if she denied their request to temporarily freeze her injunction."

Phillips is expected to issue a formal ruling later Monday or early Tuesday.


Towleroad News #gay

—  John Wright

Dellinger: If Obama appeals DADT, he should tell judge it’s unconstitutional and ask that it be struck down

Former Clinton Solicitor General Walter Dellinger was on Rachel Maddow tonight, and he proposed that the Obama administration continue to appeal DADT, but that in their appeal they make clear that they believe the law is unconstitutional and they think the court should strike it down – i.e., they should not defend the law in their appeal. The same logic could just as easily apply to the administration’s defense of DOMA on appeal.

I’m not convinced that the administration has to appeal at all, but even if they think they do, they most certainly don’t have to defend the law in their appeal. Yet that’s what they’re currently doing, defending DADT and DOMA, and it needs to stop.

Here’s Rachel and Dellinger.



AMERICAblog Gay

—  John Wright

Judge Halts “Don’t Ask, Don’t Tell” Discharges; Service Members Urged Not To Come Out

Today, federal district court judge Virginia Phillips, followed her September decision striking down the “Don’t Ask, Don’t Tell” law as unconstitutional in a case brought by the Log Cabin Republicans by ordering the Department of Defense to immediately cease enforcement of the statute barring lesbians and gays from serving openly in the Armed Forces.  However, because legislative repeal of “Don’t Ask, Don’t Tell” is still pending in the Senate, and because litigation of this case may not have yet reached its end, we encourage service members to remain cautious about disclosing their sexual orientation.

Human Rights Campaign President Joe Solmonese issued the following statement upon hearing of Judge Phillips’s decision:

“The administration should comply with her order and stop enforcing this unconstitutional, unconscionable law that forces brave lesbian and gay Americans to serve in silence. The President has said this law harms our national security and we believe it would be a mistake to appeal the decision.  Each additional day that this unjust law remains in force is one more day the federal government is complicit in discrimination.”

The Justice Department could still seek an emergency stay with the Ninth Circuit Court of Appeals, as early as tonight, that would block Judge Phillips’s injunction until that court could hold a formal hearing on the merits of Judge Phillips’s decision to halt all discharges.  In addition, as of today, the Department has 60 days to file an appeal of her September decision striking down the “Don’t Ask, Don’t Tell” law as unconstitutional.   

It is time for the Administration to recognize that “Don’t Ask, Don’t Tell” is unconstitutional, and we urge the Justice Department to accept Judge Phillips’s decision to cease all discharges.  Regardless, the Administration must do everything in its power to work with the Senate and Department of Defense to ensure that legislative repeal is completed when the Senate returns in November.


Human Rights Campaign | HRC Back Story

—  John Wright