Living Constitution blog 4: The 1st Amendment

1) Source: News Article

  Title: Federal judge: 'Don't ask, don't tell' is unconstitutional
  By: The Associated Press
  Written: September 10, 2010
http://www.firstamendmentcenter.org/news.aspx?id=23361

2) Constitutional Connection:
  
   Amendment 1, freedom of speech, association and petition, and Amendment 5, guarantee of due process

3) Explanation:

      This articles talks about how a federal judge felt the ban on openly gay soldiers was unconstitutional and she would try to get an order issued to stop the government from enforcing the "don't ask don't tell" policy. It then went into detail on how soldiers who were discharged because on the ban, tried to take it to court and say it was against their rights by amendments 1 and 5. The article also talked about how certain officials felt that the policy weakens national security. It also states that some soldiers were discharged after other service members had gone through their e-mails. The article said, quoted from an attorney, "if Obama does appeal, then they are going to fight like heck".

    This article relates to the constitution because in Amendment 1 it talks about freedom of speech, religion, press, petition and association/expression, and in the article they were trying to overturn a law that violates the this amendment. It also relates to the 1st amendment because soldiers should have the right to be gay if they want to be which relates to speech. This article relates to petition because the soldiers have the right to petition that policy if they feel it is unconstitutional because of their unalienable rights.

     I feel that the focus on the article needed to be addressed. I say this because it isn't fair that just because you are gay or a lesbian you should be kicked out of the force. It shouldn't matter your sexuality, as long as you are there to serve your country and have the skills and determination to work hard. The sad thing is before they passed the over ruling of the policy, good soldiers would get turned away and its all because of their sexuality. There shouldn't be no debates on whether or not the don't ask don't tell policy should stay because your sexuality is personal and shouldn't be asked when going into the force.