A Vote against Judicial Radicalism; Legal Progress Defending Traditional Marriage, 'Don't Ask, Don't Tell'

The Washington Times (Washington, DC), November 3, 2010 | Go to article overview

A Vote against Judicial Radicalism; Legal Progress Defending Traditional Marriage, 'Don't Ask, Don't Tell'


Byline: THE WASHINGTON TIMES

Yesterday's election will help put the brakes on the Democrats' leftist social experimentation. Resistance was already underway in the courts. In two key cases regarding homosexuality, the pendulum is swinging back in a traditional direction.

On Monday, a three-judge panel of the U.S. 9th Circuit Court of Appeals put a hold on federal district Judge Virginia A. Phillips' order banning the military's Don't Ask Don't Tell policy, saying her analysis and conclusions might contradict four or more appeals courts. Congress is due significant deference on constitutional matters, the panel reminded, and "'judicial deference .. is at its apogee' when Congress legislates under its authority to

raise and support armie "The judges repeatedly quoted an earlier case saying,"Courts are ill-suited to second-guess military judgments that bear upon military capability and readiness."

In the armed forces, morale and unit cohesion are crucial to successful operations. Military duty is not a right, but a service. It is definitively the province of elected lawmakers and the brass, not of rogue judges, to decide if open homosexuality is detrimental to an effective and healthy fighting force.

In another big case, citizens are fighting to save California's voter-approved ban on so-called homosexual marriage. They argue the belief that marriage is a union specifically between a man and a woman has been confirmed throughout history by all of the esteemed authorities on the subject, from the lexicographers who have defined marriage, to the eminent scholars in every relevant academic discipline who have explained marriage, to the legislatures and courts that have given legal recognition and effect to marriage. …

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A Vote against Judicial Radicalism; Legal Progress Defending Traditional Marriage, 'Don't Ask, Don't Tell'
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