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Fancy that... DOJ DECLINES TO APPEAL RULING allowing religious proselytizing in National Parks

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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:20 PM
Original message
Fancy that... DOJ DECLINES TO APPEAL RULING allowing religious proselytizing in National Parks
Edited on Fri Oct-15-10 01:35 PM by Bluebear
But, but, the administration MUST uphold the Laws Of The Land!!! :cry:

====

The Department of Justice has elected to let stand a court ruling which allows Christianists and other religious groups to demonstrate, preach, and proselytize in federal parks. The original case was brought by the anti-gay Alliance Defense Fund over a preacher who was made to stop handing out pamphlets at Mount Rushmore.

Servicemembers United comments:

"In the very same week, the administration says that it absolutely must appeal a federal court's decision on 'Don't Ask, Don't Tell' while it orders the Justice Department not to appeal a federal court's ruling in favor of the conservative Alliance Defense Fund. This contradiction is simply incomprehensible and insulting," said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. "Servicemembers United renews its call for the administration to withdraw its appeal of both the 'Don't Ask, Don't Tell' ruling and the injunction pursuant to that ruling."

http://joemygod.blogspot.com/2010/10/doj-declines-to-appeal-ruling-allowing.html
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frylock Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:26 PM
Response to Original message
1. but but but...... prezident palin.... medicare....blahblahblah
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:27 PM
Response to Reply #1
2. This is different, silly, God is in the mix.
:silly:
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foxfeet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:30 PM
Response to Reply #2
5. So are two eggs and a half-cup of oil, but they don't proselytize.
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vi5 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:27 PM
Response to Original message
3. PRESIDENT PALIN!!!
PRESIDENT PALIN BLAH BLAH BLAH SOME OTHER FUCKING HORSESHIT JUSTIFICATION TELLING YOU YOU NEED TO CLAP LOUDER AND BE HAPPY BLAH BLAH BLAH.
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donco6 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:21 PM
Response to Reply #3
28. snort! No shit. n/t
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Jim Sagle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:01 PM
Response to Reply #3
59. Oh, stop that, you silly old PUMA.
;)
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:05 PM
Response to Reply #3
63. But, but, but... Be rational for my hurt feelings.
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:28 PM
Response to Original message
4. DISGUSTING! I guess progressive groups need to start proselytizing in the parks since it is
Edited on Fri Oct-15-10 01:29 PM by BrklynLiberal
now permitted....

The obvious conclusions that can be drawn from the different reactions of the DOJ do not make this administration look very good to those of us who voted for it. Yet another disappointment...
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grahamhgreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 12:07 PM
Response to Reply #4
118. Or gays! Get a few Gays in the parks and see what happens!
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MadHound Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:31 PM
Response to Original message
6. But this was dealing with matters concerning GAWD
Can't let anything get in the way of GAWD, don'tcha know. This administration will do anything if it concerns GAWD.

But those godless gays, meh, not so much.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:36 PM
Response to Reply #6
7. One of of commenters at Joe My God said...
something like "why on earth does anybody think Obama is Muslim? He acts exactly like any other homophobic Christian politician!"
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AndrewP Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:57 PM
Response to Reply #7
10. That's what I've wondered for a long time
I'm not an Obama basher, but I am curious how anyone with an IQ over 2 could accuse the President of being a radical Muslim. He is just as willing to pander to Christian nonsense as any other politician I've seen.
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namahage Donating Member (678 posts) Send PM | Profile | Ignore Fri Oct-15-10 03:07 PM
Response to Reply #10
66. "I'm not an Obama basher, but..."
Is that like "I'm not racist, but..." or "I'm not homophobic, but..."?
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AndrewP Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:37 PM
Response to Reply #66
68. I'll draw pictures next time so as not to offend
It was to add context to the fact that I don't like his pandering to Christians, but I don't dislike the man.

Sorry if that was too complex to follow.
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namahage Donating Member (678 posts) Send PM | Profile | Ignore Fri Oct-15-10 03:07 PM
Response to Reply #10
67. Delete...dupe n/t
Edited on Fri Oct-15-10 03:08 PM by namahage
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AlbertCat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:37 AM
Response to Reply #6
105. More Christian bashing!!!
Edited on Sat Oct-16-10 10:43 AM by AlbertCat
Religion is under siege in this country! Secular government is out to make everyone an atheist! Christians just can't get a break....




oh wait......








never mind.....






(P.S. I hope Muslims will be in the park handing out Korans. And Hare Krishnas will be there too, and Scientologists, and Wiccans.... I hope it looks like that scene from "Airplane" where Robert Stack walks thru the airport lobby.)
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_ed_ Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 12:01 PM
Response to Reply #105
117. It must be so hard
to be in the 90+% majority of Christians in America.
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givemebackmycountry Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 12:30 PM
Response to Reply #117
122. I know. Sucks don't it?
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lame54 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:54 PM
Response to Reply #105
126. "How 'bout Buddism?"
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Hell Hath No Fury Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 01:38 PM
Response to Original message
8. Well THIS sucks --
I have to listen to crazy preachers in Yosemite and gay servicemembers are still stuck in the closet. :puke:
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Le Taz Hot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 08:54 AM
Response to Reply #8
95. Correct me if I'm wrong, HHNF,
Edited on Sat Oct-16-10 08:55 AM by Le Taz Hot
but aren't you organizing a DU Yosemite trip next summer? There may be opportunities here . . . :evilgrin:
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ThomasQED Donating Member (423 posts) Send PM | Profile | Ignore Fri Oct-15-10 01:43 PM
Response to Original message
9. I don't understand
National Parks are public property, no? So anyone should be able to practice free speech there?

As long as it's individuals and private groups, not the government doing it, I don't see why a preacher should not be allowed to hand out pamphlets.

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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:07 PM
Response to Reply #9
17. I don't understand either. Why can't gays serve in the military?
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ThomasQED Donating Member (423 posts) Send PM | Profile | Ignore Fri Oct-15-10 02:14 PM
Response to Reply #17
23. I'm not arguing that it makes sense for the DOJ to appeal the DADT ruling
I'm arguing that it makes sense for them NOT to appeal this one.
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woo me with science Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:55 PM
Response to Reply #23
72. +1 nt
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grahamhgreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 12:11 PM
Response to Reply #23
119. The point is that they are appealing the ruling that those who elected them
Are for, and not appealing the one we are against - ie - they are working against us
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COLGATE4 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 08:43 AM
Response to Reply #9
93. National Parks are not public property. They are the property
of the U.S. Government, and the government is free to exclude people from them as they choose. So, it's permitting proselytism of a specific religion in a U.S. Government-owned property, which can well be a violation of the First Amendment.
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Starckers Donating Member (82 posts) Send PM | Profile | Ignore Sat Oct-16-10 08:50 AM
Response to Reply #93
94. UH
The US Government is the People.   Therefore.........  No they
cannot exclude groups.  Can they ban Jews?  Christians? 
Blacks?  Puerto Ricans?  Don't be silly.
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Fla Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:52 PM
Response to Reply #94
125. This wasn't a case of excluding a people of a certain belief as I understand it, it was the
Edited on Sat Oct-16-10 01:55 PM by Fla Dem
proselytizing of their religion. So essentially any group now has full access to any federal park as their soap box for any cause, religion or belief. Will certainly make a walk in the park interesting if not downright annoying. Imagine standing waiting for "old Faithful" to erupt and you have someone or many someones come up to you trying to sell their religion and pressing pamphlets into your hands. Annoying as all get out.
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ThomasQED Donating Member (423 posts) Send PM | Profile | Ignore Sat Oct-16-10 11:14 AM
Response to Reply #93
111. I don't think you're right
I don't know if there's a legal distinction between public property and property owned by the U.S. government but in either case I would think the 1st Amendment still applies.

And I don't think they are permitting only one religion. The ruling would have to apply to all.
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BzaDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:01 PM
Response to Original message
11. That's because in that case, there was no plausible defense of the statute under current doctrine.
Edited on Fri Oct-15-10 02:02 PM by BzaDem
In the DADT case, there is direct and on-point circuit court precedent that it is constitutional. While I hope this precedent will be overturned, that doesn't mean it does not exist at the moment.
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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:04 PM
Response to Reply #11
15. Exactly! In this case, there is a plausible defense of DADT!
:eyes:
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BzaDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:27 PM
Response to Reply #15
34. There is a plausible defense of DADT under current precedent, WHETHER OR NOT we like current
Edited on Fri Oct-15-10 02:29 PM by BzaDem
precedent or hope we will overturn it. A court heard the arguments and ruled in favor of upholding DADT last year. The inquiry ends there (as to whether there is a plausible defense).
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:12 AM
Response to Reply #11
110. There is no plausible defense of a law that has been ruled by a
Edited on Sat Oct-16-10 11:31 AM by sabrina 1
Federal judge to be Unconstitutional. If there is, let's hear it. Gays are U.S. citizens and the Constitution forbids discrimination of any particular class of people. In fact discrimination against people because of their sexual orientation has already been addressed by the Supreme Court:

Equal Protection Clause

Classifications Involving Sexual Preference

In Romer v. Evans, ___U.S. ___, 116 S. Ct. 1620, L. Ed. 2d (1996), the U.S. Supreme Court reviewed a Colorado state constitutional amendment that prohibited any branch of the state or local governments from taking action designed to protect the status of persons based on their "homosexual, lesbian or bisexual orientation." The immediate effect of the amendment, known popularly as "Amendment 2," was to repeal all existing statutes, regulations, ordinances, and governmental policies that barred discrimination based on sexual preference. Under Amendment 2, state officials and private entities would have been permitted to discriminate against gays and lesbians in a number of areas, including insurance, employment, housing, and welfare services.

The state of Colorado defended Amendment 2 by arguing that it did nothing more than place homosexuals on a level playing field with all other state residents. The amendment, Colorado submitted, simply denied gays and lesbians any "special rights." The Supreme Court disagreed, holding that Amendment 2 violated the Equal Protection Clause because it "identifies persons by a single trait and then denies them protection across the board," which is something "unprecedented in our Jurisprudence."

Writing for a six-person majority, Justice Anthony Kennedy explained that "Equal Protection of the laws is not achieved through indiscriminate imposition of inequalities." The associate justice said that "espect for this principle" demonstrates "why laws singling out a certain class of citizens for disfavored legal status or general hardships are rare." Amendment 2 is unconstitutional, Kennedy concluded, because any law that generally makes it "more difficult for one group of citizens than all others to seek aid from the government is itself a denial of equal protection of the laws in the most literal sense."


So, the law itself is unconstitutional. The above ruling was made in 1996. DADT passed in 1993. The military is funded by tax payers, that includes citizens whose sexual orientation varies. If Gays eg, are not to receive equal protection and representation then why are they not excluded from paying taxes? Wasn't this country founded on the premise that taxation without representation was not acceptable?
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:02 PM
Response to Original message
12. Wouldn't arguing against this case be an argument against the first amendment?
Edited on Fri Oct-15-10 02:02 PM by Renew Deal
It seems like they are "defending the law" by letting it go.

:shrug:
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:09 PM
Response to Reply #12
18. You have got to be kidding. It's a LAW! Constitutional scholars must uphold the law!
If you want the law changed, Congress has to do it!!!!1
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:11 PM
Response to Reply #18
20. But they are upholding the law.
Unless I'm missing something.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:14 PM
Response to Reply #20
24. The law is that individuals & small groups must obtain permits for religious activities
The U.S. Court of Appeals for the D.C. Circuit ruled Aug. 6 that the Park Service's regulation forcing individuals or small groups to obtain a permit for First Amendment-protected activities was unconstitutional. But the court upheld the agency's policy of setting aside designated park areas for larger demonstrations and the sale of printed material after applicants obtained a permit.

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/14/AR2010101407137.html
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izzybeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:19 PM
Response to Reply #24
25. That is for all groups, not just religious ones.
Edited on Fri Oct-15-10 02:20 PM by izzybeans
Your ability to organize on public lands just got easier. The parks under Bush established an unconstitutional policy, which was the subject of the ruling, not the law.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:20 PM
Response to Reply #25
26. That is obviously not the point. It's the hypocrisy which rulings are appealed.
Edited on Fri Oct-15-10 02:21 PM by Bluebear
I don't care about it being easier for me to demonstrate at Yosemite. I care about gay people being able to serve, but somehow that court ruling had to be appealed by Obama.
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izzybeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:23 PM
Response to Reply #26
30. There is no hypocrisy there. They did not appeal the ruling because it was park
Edited on Fri Oct-15-10 02:25 PM by izzybeans
policy that was being reviewed not established law.

Look at it this way, when they finally get off their ass to repeal DADT and if and when the military gets sued when they continue policies of discrimination there will be no legal standing to appeal because the military acted outside the parameters of law, just like the parks did.

Your asking for the administration to appeal a ruling that protects your right to assembly.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:27 PM
Response to Reply #30
33. LOL
That is all.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Oct-15-10 02:28 PM
Response to Reply #33
36. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Oct-15-10 02:29 PM
Response to Reply #36
38. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
izzybeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:30 PM
Original message
i do not tolerate lies.
I am no bigot.
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BzaDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:32 PM
Response to Reply #38
43. What you are missing
Edited on Fri Oct-15-10 02:32 PM by BzaDem
is that in the national park case, there is no plausible defense of the statute under current precedent.

In the DADT case, there is direct, on-point higher court precedent saying it should be upheld. This means that there is a plausible defense for upholding the statute, whether we like it or not. This precedent can be overturned (and I hope it is), but the lower court ruling must be appealed.

It has nothing to do with whether we like the statute, or even whether or not we think it is constitutional. It ONLY has to do with whether a court said so in the past. That's it.
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izzybeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:33 PM
Response to Reply #43
45. That is a more direct way of saying it.
Edited on Fri Oct-15-10 02:35 PM by izzybeans
I think this poster understands that distinction though. It just doesn't fit the rigid narrative.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:52 PM
Response to Reply #45
53. I agree
I think most people understand that.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:46 AM
Response to Reply #43
116. thanks for explaining this
Even though you are trying to explain a complex reality to people who are bound and determined to use this as a support for their emotionalism.
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HughMoran Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:14 AM
Response to Reply #30
100. There's the nub of it
The fact that the O/P chose to simply laugh at the truth is telling.
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woo me with science Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:48 PM
Response to Reply #26
71. You want them to appeal a correct ruling
Edited on Fri Oct-15-10 03:53 PM by woo me with science
because they screwed up and appealed a correct one before?
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:34 AM
Response to Reply #71
88. sorry can't make sense out of that
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:21 PM
Response to Reply #24
27. Sounds reasonable.
Why should I have to get a permit to worship? And why should I have to get a permit to visit a national park with my faith group?

Who's the kid in your signature? I noticed DSC has him too.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:23 PM
Response to Reply #27
29. Why can't gays serve in the military? Why is Obama appealing THAT ruling?
The kid is Justin Aaberg, a recent gay suicide :(
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:26 PM
Response to Reply #29
32. Gays can serve in the military.
DADT was and always will be a discriminatory policy. I knew it was unamerican when it passed. Why is Obama appealing? My best guess is that it has something to do with permanently getting rid of DADT. Also, this case seems much more cut and dry than DADT case.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:28 PM
Response to Reply #32
35. Having fun spinning this?
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:28 PM
Response to Reply #35
37. No spin at all
You're the one tying yourself into knots trying to make something of this.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:30 PM
Response to Reply #37
40. /ignore
at long last.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:31 PM
Response to Reply #40
42. again?
What's new.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Oct-15-10 02:32 PM
Response to Reply #42
44. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:51 PM
Response to Reply #44
52. I disagree
Bluebear is legit. I don't think he would be arguing about this stuff if he didn't believe in the issue. I'm not sure about some others.
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izzybeans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:54 PM
Response to Reply #52
54. .
perhaps, however I'm very skeptical of single issue posters, so my cynicism may be causing me to misplace that skepticism.

This argument doesn't seem honest to me.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:06 PM
Response to Reply #54
64. I can understand that.
There are certain people that are persistently negative and hostile to Obama. Many of them have been hostile going back to 2007. That is the root of some of it. But if you look around DU, there is a robust "gay" community. I was here after election day 2008 when Obama won and Prop 8 passed. Prop 8 was a shocking kick in the gut for many of us, particularly gay members. How could such a law pass in California? http://demopedia.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=7811758&mesg_id=7811970

What many people learned after Prop. 8 was that they can't just sit and wait for something to happen. They need to ACT! Change doesn't just happen on its own.
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 05:56 PM
Response to Reply #54
77. try watching 9 kids die in a month
and nothing being done, might make you single issue too.
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:50 AM
Response to Reply #18
106. Except for a little thing like Constitutional Law, like Habeas Corpus.
That's where their argument falls apart.
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JustinL Donating Member (439 posts) Send PM | Profile | Ignore Sat Oct-16-10 01:11 AM
Response to Reply #12
83. appealing the DADT and DOMA rulings is also arguing against the constitution n/t
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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:02 PM
Response to Original message
13. When Obama does something that's good it's good, and when Obama does something that's bad, it's good
Don't you get it? Why do you hate Obama?
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:10 PM
Response to Reply #13
19. I notice only one ignored response so far. Plouffe & Axelrod must be busy.
No tweets or faxes sent out yet :)
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displacedvermoter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:48 PM
Response to Reply #19
51. You aren't alleging anything are you?
I keep getting messages deleted for alleging about posters who always come in right on time!
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Hannah Bell Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:03 PM
Response to Original message
14. jesus h. christ.
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WorseBeforeBetter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-17-10 02:34 PM
Response to Reply #14
134. "jesus h. christ" and... guns.
I can't even go for a hike in a National Park without "worrying" about some nut with a gun. I'm not worried about a nut with an anti-gay pamphlet, however, I'd have TREMENDOUS fun with that.
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Swamp Rat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:07 PM
Response to Original message
16. COME ON GRIZZLY BEARS!!!! .... DINNER TIME!!! YUM! YUM!
Time to lay out bloody, cheap rib eye steaks on certain trails... :evilgrin:


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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:11 PM
Response to Reply #16
22. lol
:spank:
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Behind the Aegis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:01 PM
Response to Reply #16
58. You've heard the joke haven't you?
A missionary was deep in the woods. While gathering sticks for a fire, he came upon a large grizzly bear. Panicked, he ran. The bear gave chase and cornered the man near a rock face. The man prayed: "Dear G-d, please make this bear a Christian." Suddenly the bear stopped charging and dropped to its knees, forepaws clenched together. Then the bear spoke: "Thank you, O Lord, for this food for which I am about to receive. Amen"

:)
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Swamp Rat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:04 PM
Response to Reply #58
62. LOL!!!!
:rofl:


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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:06 PM
Response to Reply #58
65. lol
:rofl:
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NMMNG Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:11 PM
Response to Original message
21. I guess they do have free will
They must actually want to appeal the DADT case after all. Just goes to show where their priorities lie.
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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:24 PM
Response to Original message
31. Le sigh. nt.
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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:30 PM
Response to Original message
39. Rec.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:37 PM
Response to Reply #39
46. Notice those arguing upthread in favor of this ruling?
Evidently it's OK if you disagree with the law being struck down in the courts.
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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:42 PM
Response to Reply #46
48. Obviously many people think that DADT does not violate the Constitution.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:45 PM
Response to Reply #48
49. You're absolutely right.
Before I put on of them on ignore, because really I can't do this anymore, they asked "well why should I have to go get a permit to pray with my group"?

Exactly! It all depends on whose ox is being gored with these half-baked types. To me, we're not free until we are ALL free.
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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:47 PM
Response to Reply #49
50. See my link below to another law that was found unconstitutional and not appealed.
That argument is fast morphing from the have to appeal to they should appeal.
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BzaDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:45 PM
Response to Reply #49
70. Actually, it depends on what higher courts have said about the law in question.
Edited on Fri Oct-15-10 03:46 PM by BzaDem
Not "whose ox is being gored."

The fact that you put people on ignore who disagree with you shows you really have no argument.
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 03:07 PM
Response to Reply #49
129. why you.. you
single issue voter. of all the nerve
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:53 AM
Response to Reply #48
107. This administration couldn't care less about violating the Constitution.
If they did they would have restored Habeas Corpus rather than broadening its dissolution.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:59 PM
Response to Reply #46
56. I think you missed the point.
I disagree with this "regulation" about the parks AND with DADT. But there was no basis to defend the regulation. It was a Bush era policy. I also think there's no basis to defend DADT, but that is a law passed by congress. DADT will be gone soon whether you like it or not.
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JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:30 PM
Response to Original message
41. Dictator!
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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:37 PM
Response to Original message
47. By the way, add this to the list:
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Unvanguard Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:03 PM
Response to Reply #47
61. That is a much better example.
Because it deals with a Congressional statute rather than an agency regulation, and explicitly justifies a failure to appeal in terms of viewing the law as unconstitutional.

The problem with it is that the statute at issue was plainly a content-based restriction of free speech--free POLITICAL speech at that--which by consistent Supreme Court precedent is pretty much doomed. It's hard to imagine any federal court upholding that kind of free speech restriction. The same, unfortunately, is simply not the case when it comes to anti-gay discrimination. Indeed, DADT has already been upheld in court.
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Unvanguard Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:55 PM
Response to Original message
55. There doesn't appear to be a Congressional statute at issue here.
So if the agency decides it's okay with the change, there is no point in appealing. The circumstances are not comparable, because Congress hasn't yet made clear that it's okay with DADT repeal.

There may also be settled law here making a defense of the regulation at issue impossible. Not sure.
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mkultra Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 08:55 AM
Response to Reply #55
96. the doj uses "constitutional muster" to determine wether it defends decisions
Unfortunately, sexual orientation is not protected in the constitution but free speech is.
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fascisthunter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 02:59 PM
Response to Original message
57. absolutely ridiculous... wow... right wing America
let's slide down further as a country... who cares about separation of church and state, that's antiquated BS, right? :crazy:
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Behind the Aegis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:02 PM
Response to Original message
60. I guess some "lifestyles" are worth protecting.
:eyes:
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terrya Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:39 PM
Response to Original message
69. Sorry. I didn't see your post about this.
I'll ask the mods to remove mine on the same subject.

And I'm curious about this, myself.

Thanks.
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 03:55 PM
Response to Original message
73. Two things are causing me a lot of amusement:
The Florida race and the notion 'the president must appeal..'

If I dislike teabaggers and I do -- I think I dislike centrists, moderates more -- but both are amusing.
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:16 AM
Response to Reply #73
85. at least the teabaggers are honest about their hates!
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 05:12 PM
Response to Original message
74. Was it not already established that it is not all cases, but those
without plausible arguments supporting them. This case fit that pattern.
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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 05:14 PM
Response to Reply #74
75. Just for my clarification, what is your plausible argument in support of DADT?
Not a hypothetical. Your argument.
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BzaDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 09:12 PM
Response to Reply #75
82. The plausible defense is that the First circuit already decided the issue.
That's it. It has nothing to do with whether you or I think the argument is valid. It ONLY has to do with whether a higher court believed it is valid in an opinion (as the first circuit did in 2009), or if not, whether other precedent indicates the law should be upheld (regardless of whether we think the precedent is valid).
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:22 AM
Response to Reply #82
103. Once there are two different courts with different opinions, there's a
legal question out there - one with plausibility on both sides.

But for people who refuse to deal in subtleties, there is no way they can deal with the legal system. They just want what they want, crushed. They are like the client who refuses to listen to anything that might indicate a weakness in his case or a law that does not just hand him what he wants.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:21 AM
Response to Reply #75
102. The DOJ thought there was one
This would involve analysis of case law. Not suitable for DU. Which is why this is all BS. No one is really interested in taking the time and doing the reading it would take to get the difference. We'd have to know the case law.

But it is not, as the OP tries to make it, a simple all or nothing approach. But most of the time, the DOJ does defend whatever law it is. OP simply found a rare case where it is not to insinuate it is all or nothing; when that is not so, there is a standard.

The OP could never deal with a thing like Rule 11, where the lawyer has to decide if the motive for filing the case is acceptable to the courts. These are not easy black and white questions as OP makes them out to be (in spite of being exposed several time to the facts).

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JustinL Donating Member (439 posts) Send PM | Profile | Ignore Sat Oct-16-10 02:06 PM
Response to Reply #102
127. why does the DOJ think there's a plausible argument in favor of violating fundamental rights? n/t
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onethatcares Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 05:50 PM
Response to Original message
76. they also affirmed the rights to carry concealed.
in the same parks that choice is up to you.:shrug:
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TheKentuckian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 09:00 PM
Response to Original message
78. No matter what DADT doesn't have to be defended. Pure excuse making
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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 09:56 AM
Response to Reply #78
98. Correct. The administration is under NO obligation to appeal the ruling on DADT.
That argument is disingenuous and tired.
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RainDog Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 09:01 PM
Response to Original message
79. hypocrisy or homophobia?
either way, this makes a lie of the arguments people have been making here.
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DainBramaged Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 09:02 PM
Response to Original message
80. There goes another brick in the wall between the separation of Church and State
:wtf:
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Starry Messenger Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 09:08 PM
Response to Original message
81. Maybe GBLT people should form a religious sect.
Everyone GBLT joins for legal cover and then start suing en masse left and right. It looks like that's the only thing that gets taken seriously.
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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 09:57 AM
Response to Reply #81
99. +1000 nt
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girl_interrupted Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:13 AM
Response to Original message
84. K&R
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:19 AM
Response to Original message
86. BUt what if a Republican Prez wants to reverse this and ban...
shoving a big, think, hard and long religion down our throats?
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 01:27 AM
Response to Original message
87. recommend
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sat Oct-16-10 06:05 AM
Response to Original message
89. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Dr.Phool Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 06:26 AM
Response to Reply #89
90. Change you can make believe in.
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MNBrewer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 07:31 AM
Response to Reply #89
92. now that's just plain creepy
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hobbit709 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 06:30 AM
Response to Original message
91. Maybe we can feed them to the bears.
That will stop it short.
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Jamastiene Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 12:41 PM
Response to Reply #91
124. That is highly possible.
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slay Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 09:13 AM
Response to Original message
97. The Obama admin really is doing it's best to lose liberal Dem voters
Edited on Sat Oct-16-10 09:15 AM by slay
i see no other explanation for their BULLSHIT regarding DADT. I've seriously about had it with them. This is NOT a good strategy right before an election. Well, maybe it is and they are just making it crystal fucking clear that us liberals really are idiots for voting for them and they don't give a shit about us or what we want - or what's right. at all.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:23 AM
Response to Reply #97
104. So you are saying liberal Dem voters have no understanding of
the judiciary and no desire to learn about it? Sounds like freepers.
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slay Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-17-10 01:22 PM
Response to Reply #104
130. Calling someone "like a freeper" on DU
is against the rules but I don't care. If that's the way you have decided to conduct yourself on this board I will just put you on ignore. Please kindly refrain from commenting on my posts in the future. EOM.
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:57 AM
Response to Reply #97
108. This administration is not up for re-election. Vote to keep the House
such as it is, since they are the only ones even trying to fight for the people.
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slay Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-17-10 01:25 PM
Response to Reply #108
131. I agree w/you
but it doesn't change the fact that Obama sets the direction not just for the party but for the country. I would LOVE to see the house stay Dem - unfortunately I can only vote for one house member, who keeps voting to fund this horrible ridiculously long and expensive war in Afghanistan so I will not be voting for him. I will be voting for Elaine Marshall against Richard Burr (scumbag) for senate though - even if she is a long shot.
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-17-10 02:21 PM
Response to Reply #131
132. My philosophy is vote for the most progressive candidate you can, and keep working to improve your
choices (primaries where you can, third parties where you can't primary).

Work to make sure this administration has no excuse, plausible or otherwise, to move right.
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RedCloud Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 10:17 AM
Response to Original message
101. Separate church and state morans!
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TwentyFive Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:09 AM
Response to Original message
109. GOOD!! More chances for me to tell preachers, "GO F*CK YOURSELF"
If it's good enough for Dick Cheney, it's good enough for them...lol.
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meow mix Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:17 AM
Response to Original message
112. SELECTIVE OMG!@!!111! holder doing hisJOB!!#@!!2@!
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femrap Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:35 AM
Response to Original message
113. Those hypocritical
Xtians better hope I'm not around. I took a trip to a park this past spring. I was walking along and a conversation developed with a middle-aged couple. The man said he was 'sick and tired of taking care of other poeple.'

That just hit a nerve with me. Here I was in this beautiful park (paid for by taxes) and this asshole starts in on his selfishness.

I gave him both barrels. We were heading back to the parking lot. Everyone in the parking lot shut up as I tore him a huge new asshole. 'I bet Jesus would be so proud of you. Spitting on your community and someone who has lost their job from no fault of his/hers. You just keep your money...just like the moneychangers.'

I went on and on. The wife was scared to death. He was stunned. I was yelling full force. I got in my car, drove off, and then pulled over and had a good cry. I am so utterly sick and tired of selfish hypocritical Xtians. I literally want to thump them on the head with a Bible.

I have family members like those 2 I met in the park....so they were a straw that hit my back.

These Xtians better realize that WE HAVE FREE SPEECH AS WELL.
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:38 AM
Response to Original message
114. Oh, the HYPOCRISY!
:puke:
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Dappleganger Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 11:40 AM
Response to Original message
115. *facepalm*
Will someone please wake me when this ride is over??
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Puregonzo1188 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 12:14 PM
Response to Original message
120. Look, I know this admin isn't perfect, but
at least we're out of Iraq, the Bush wars are over, and everyone has healthcare. Thank how much worse things could be!
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 02:23 PM
Response to Reply #120
128. "and everyone has healthcare" - - bwahahahahahahaha
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WorseBeforeBetter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Oct-17-10 02:29 PM
Response to Reply #128
133. "we're out of Iraq, the Bush wars are over" -- bwahahahahahahaha
This board gets nuttier by the day.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sat Oct-16-10 12:24 PM
Response to Original message
121. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-16-10 12:36 PM
Response to Original message
123. this goverment no longer represents me or my best interests....
They champion denial of civil rights, the idiotic and wasteful war on drugs, a manifestly evil foreign policy, and religious insanity. I am utterly done with them.
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