Judge Rules: No Free Speech for Dissenting Military Members

October 14th, 2010 by Wendy Wright

One judge trumps the Constitution, the President, and Congress. That’s how judicial activism works — and that’s what Judge Virginia Phillips did when she ordered the U.S. military to allow open homosexuality in the military worldwide. Defense Secretary Robert Gates said this has “enormous consequences for our troops.”

Congress held 12 legislative hearings and numerous on-site field investigations in 1993 when it concluded that homosexuality is incompatible with military service and there is no constitutional “right” to serve in the military. Judge Phillips ignored the evidence to impose her ill-informed opinion, endangering the morale, health, and security of our military at a time of war. She claimed the policy violates the free speech rights of homosexuals. Yet, for the sake of discipline and respect for our government, members of the military are not allowed to publicly criticize their authorities — or denounce her ruling.

As one service member told me, “It is conscientious Americans such as yourself, regardless of whether they ever wore the uniform, that we count on to give voice to our concerns. … Thanks again for stating basic truths that we who understand what is at stake cannot. … We recognize that, in this political climate, your statements will almost certainly result in incoming fire on your position. We are grateful.”

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