Just in. Yet another in the recent string of victories for (real) conservative values and the U.S. Constitution...

More details in the full AP story.

The order follows a successful lawsuit by the Log Cabin Republicans in which Judge Phillips found the military's policy --- which President Obama has chosen not to end with an executive order as he could have --- to be unconstitutional on First Amendment free speech grounds and a violation of the due process rights of gay and lesbian service members.

The decision also follows a string of other recent victories in federal courts for real conservative values, as confirmed by Republican-appointed judges, such as the U.S. District Court judge's finding this past August that California's Prop 8 ban on same-sex marriage violates the U.S. Constitution's Equal Protection clause.

As we noted recently, while it often takes far too long in this nation, the good news is that, eventually, Constitutional rights win and the haters lose. Today's ruling underscores that hopeful point --- in an otherwise dark period in this nation's history --- once again.

UPDATE 4:08pm PT: 21 Democratic U.S. Senators have sent a letter to the Obama Administration asking them to not appeal Judge Phillips' order. There are no GOP Senators signed on to the letter despite the fact that it was a GOP group who won the decision in court. While, to be fair, we also don't know if the Dem Senators asked the Republicans to sign or not, the fact that all of them voted against a repeal of DADT (if it were to be approved by the U.S. military) in the recent Defense Authorization bill suggests that it's likely none of the Republican Senators would have done so anyway. The letter from the Democratic Senators is now posted here....

UPDATE 10/15/10: Confusion reigns. Incredibly, the DoJ is asking the Judge to stay the order pending appeal after all. (Which part of "Unconstitutional" do you not understand, Mr. President?!) Of course, in truth, the decision is the DoJ's, not the President's directly. The Pentagon, earlier this week, has said for the moment they will not be enforcing DADT, though later in the week they told folks to not come out yet! Apparently. As mentioned, confusion reigns. Details on the appeal here. Memo from the Pentagon here.

-- Brad Friedman

As horrible as things seem right now --- with sociopathic loons on one side of the aisle, cowardly failures on the other, a mainstream corporate media completely out of touch with virtually everything that matters, an economy in which everyone but the rich are gasping for air --- there is one very bright spot on which we can all take great comfort.

Rights win.

It rarely happens immediately, and almost never without a far-too-long struggle, but rights for we, the people, almost always eventually win in this nation --- usually against all odds, avarice, greed and ignorance --- but our Constitution is brilliant enough that rights eventually win out.

If you have any doubt, look no further than the latest news (video posted below) heralding the last dying gasps of institutionalized homophobia in our laws and in our military.

The good news is: the haters have lost. The question which played such an enormous --- if entirely trumped up --- role in our Presidential elections just 6 years ago has been all but finally settled.

Well before the end of this decade (and likely far sooner than that, perhaps even before the end of Obama's first term in office), marriage equality for gays and lesbians will be recognized in every state in the union, and homosexuals will be as welcome in our nation's military as African-Americans.

It's over. The good guys have won. In these quiet victories of rights over wrongs, we can all take some quiet comfort, even in these maddening, ugly days...

Guest blogged by Ernest A. Canning

This November, California voters will be afforded a rare opportunity to directly decide whether to legalize and tax the lawful cultivation, processing, distribution, sale, and consumption of marijuana by and to individuals over 21 years of age.

By approving Proposition 19, formally labeled the "Regulate, Control, Tax Cannabis Act of 2010" [PDF], voters will take an important first step towards ending the costly, hypocritical, and liberty-destroying "war on drugs" which, like its predecessor (Prohibition), has created a lucrative niche for criminal organizations --- hypocritical because the covert agencies of the U.S. government have long engaged in drug trafficking in support of Empire even as the so-called "War on Drugs" has provided a convenient excuse for supporting brutal dictatorial puppet regimes whose function it is to serve the interests of what John Perkins described in Confessions of an Economic Hit Man as the "corporatocracy"...

From @PeterDaou during Obama's presser this morning:

...Or disallowing torture victims a day in court, for that matter.

Guest blogged by Ernest A. Canning

In her Sept. 9 decision [PDF] in Log Cabin Republicans vs. United States, U.S. District Court Judge Virginia A. Phillips, a 1995 Clinton appointee, determined that "Don't Ask, Don't Tell" (D.A.D.T) is unconstitutional as it violates First Amendment rights even within the more restrictive confines of military speech.

The court rejected the government's argument that Log Cabin Republicans lacked standing to initiate the action, noting that at least one member of the group, John Nicholson, was discharged from the armed forces because of "Don’t Ask, Don’t Tell.” It expressly found that D.A.D.T "does not significantly further the government’s interest in military readiness or unit cohesion," and directed plaintiff's counsel to prepare a "Proposed Judgment, including a Permanent Injunction" by no later than Sept. 16.

Whether the Eric Holder Justice Department will appeal, despite President Obama's pledge to seek a repeal of D.A.D.T., is an open question...

[Late Update: Quran burning back on? Maybe. Late, Late Update: "We will definitely not burn the Quran. Not today, not ever." "Pastor" Terry Jones. Despite the cancellation, deadly protests are staged in Afghanistan. See updates at end.]

Guest blogged by Ernest A. Canning

Burn the light to satisfy your darkness….
Burn the love to satisfy your hatred….
Burn the peace to satisfy your anger….
Burn the compassion to satisfy your cruelty….
Burn the knowledge to satisfy your ignorance.

- BRAD BLOG Commenter Hassan Yaghi in response to 8/19/10's "Gainesville, FL, Blocks 9/11 'Koran Burning'":

While many have been disturbed by dangerous implications of the process of dehumanization, which we covered here at The BRAD BLOG in "The 'Ground Zero Mosque' and the Hypnotic Power of Republican Race-Baiting," "Gainesville, FL, Blocks 9/11 'Koran Burning,'" and most especially in the ugliness of "Video: 'I'm Not Even Muslim,' the Black Man in the White Hat Had to Tell the 'Ground Zero' Mob," there is a flip-side.

A display of hatred and intolerance can also bring out the best of our species, as reflected by the elegant words seen above from commenter Hassan Yaghi in response to a whacked out fundamentalist Christian's announced intention to burn the Quran. We covered the recent appropriate and moving response to the "Ground Zero Mosque" silliness by Iraq and Afghan vets standing up to the haters, and now in the following email announcement from Rabbis for Human Rights, announcing a petition and march this weekend in New York City for religious freedom and against intolerance.

Their email, published in full below, notes the group is "concerned by an upsurge in Islamophobia, religious intolerance, hate crimes and attacks on religious freedoms in the United States in recent weeks," and highlights both the planned Quran burning as well as the protests against the planned "Park 51" Muslim community center in downtown New York City, near "Ground Zero." The group also condemned their fellow Jewish organizations, the Anti-Defamation League and Zionist Organization of America for their efforts to derail the community center.

While near universal condemnation appears to have put a halt to "Pastor" Terry Jones' planned "International Burn-a-Quran Day," late today --- along with a bizarre attempt to intercede by Donald Trump --- actions and words by good people remain essential in order to counter the virulent and dangerous Islamophobia that has been propagated by hard-right demagogues and their dehumanized followers...

From Charlie Savage at New York Times [emphasis added]:

Gosh. Can't understand why Obama's approval ratings keep falling.

In any case, the heart of this matter is the Government's "alleged" right (the President of the United States' actually) to use the so-called "state secrets privilege" to keep victims of alleged torture from ever even having a day in court --- even when one of those victims, as in this case, charges that his torture included "cutting his penis and other body parts with a scalpel and then pouring stinging liquid on the wounds."

Good thing none of this was done by Iran. We'd be outraged...

From Michael Moore to Rahm Emanuel. Ditto.

Guest blogged by Ernest A. Canning

While the recent recall of more than a half billion eggs in the wake of some 1,470 Salmonella infections has triggered a renewed focus on the dangers posed by factory farms to human health and to the environment (see videos below), the discussion stops short because factory farms are but one symptom of the deadly consequences of a perverse ideology whose sole purpose is to expand the already obscene wealth of less than 1% of the population at the expense of a healthy economy, community, the environment, peace, and the very ability of our planet to sustain life...

When it mattered, was based in terrifying reality, required actual selflessness and extraordinary courage...47 years ago today..."The greatest demonstration for freedom in the history of our nation"...

Guest blogged by Ernest A. Canning

"The terrorists who attacked us on 9/11 do not represent Islam. Far better representatives of Islam are the over 100 Muslims who died at work in the towers that day. No one need apologize for Islam."—Hal Donahue, VoteVets.org

Seeing it as part of their duty to support and defend the Constitution and dismayed by the "toxic effect" of the never-ending "war on terror" upon our society by the process of "dehumanization" which has created "a propensity to violence, a devaluing of others, even our own citizens, and a decided lack of empathy," VoteVet.org, a nation-wide group of veterans of the wars in Iraq and Afghanistan is circulating an "open letter" in support of the right to build a Muslim community center near "Ground Zero"...

Guest blogged by Ernest A. Canning

In Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit' I reported:

Apparently Whitman now feels that campaigning exclusively by way of paid-for propaganda (political ads) will not be enough to evade scrutiny of her economic "plan" to "rescue" California's economy (a rehash of Bush tax cuts for wealthy people and business, the elimination of climate change regulations and imposition of further draconian spending cuts to a state government already operating on life support --- a plan which a group of economists, including Stanford University's Kenneth Arrow, a Nobel laureate, have derided as policies which would "deepen California's budget crisis and are likely to reduce employment and economic growth").

Whitman has now pandered to what she may mistakenly believe was a majority of Californians who voted against marriage equality in passing Proposition 8...

As the disinformed and hypnotized crowd of angry protesters in downtown New York chant "No mosque here!" over the weekend, a black man in a white hat strolls through and the crowd instantly turns on him.

"Ya'll don't even know my opinion on shit," he's forced to reply in his own defense as the tension rises and the possibility of violence becomes imminent. "I'm not even Muslim!" shouts the man who, it turns out, was apparently a construction worker at Ground Zero.

Sick. August, 2010. U.S.A.

A commenter at Ballon Juice may have said it best (h/t Glenn Greenwald on Twitter): "They got one thing right: Ground Zero is being desecrated. Just not by Muslims."

Guest blogged by Ernest A. Canning

"Where they burn books, at the end they also burn people."- Heinrich Heine (1823)

"Those who cannot learn from history are doomed to repeat it." - George Santayana

Heine's ominous warning came more than a century before the infamous May 10, 1933 Nazi book burning where Joseph Goebbels told the Berlin student book burners, "The era of extreme Jewish intellectualism is now at an end."

It was the beginning of the end for millions who would be gassed and then shoved into the death camp ovens over the next twelve years.

Today, we find a group of whack right-wing Christians operating under the Orwellian-labeled Dove Outreach Center. The group, which openly proclaims "Islam is the Devil," announced that they planned "to commemorate the anniversary of the terrorist attacks on Sept. 11, 2001 by burning Korans."

Today, the Los Angeles Times reported that Gainesville officials denied the group "a bonfire permit."

I'm reminded of Pete Seeger's Where have all the flowers gone?: "When will they ever learn?"

Update: Despite the denial of the permit, the Dove Outreach Center has vowed to proceed with its plan to burn Korans. I suppose one could call it an act of uncivil disobedience.

Update 08/20/10: There have been a number of comments, here, and elsewhere, raising First Amendment concerns about the City of Gainesville's decision to deny a bonfire permit. Deputy Chief Tim Hayes of the Gainesville Fire Dept., however, said that his department's denial was not related to the content of the books but on a city ordinance which prohibits the burning of "newspaper, corrugated cardboard, container board or office paper, which are akin to books."

No doubt, attendees from the Sarah Palin/Dr. Laura School of Law would regard it as an infringement of the Dove Outreach Center's First Amendment rights, should a group of concerned citizens peacefully surround these book burners, whom Gainesville Mayor Craig Lowe describes as a "tiny fringe group and an embarrassment to our community," holding up signs which quote Heine's "Where they burn books, at the end they also burn people."

Update 09/07/10: General David Petraeus has expressed his concern that the proposed Quran-burning "could endanger troops and it could endanger the overall effort in Afghanistan."

What Petraeus fails to mention is that the swiftest way in which he and his boss, President Barack Obama, could insure the safety of American troops and ratchet down tensions between the people of the Middle East and those residing in the U.S. would be to immediately end our imperial occupations in Iraq and Afghanistan by way of a orderly but complete and total withdrawal of all U.S. military forces as well as all private mercenaries.

Guest editorial by Ernest A. Canning

On Sunday, Brad Friedman posted a "Toon of the moment" in which a hypnotist sits dangling a watch in front of two stupified voters as Senators Mitch McConnell (R-KY) and Chuck Grassley (R-IA) look on. The hypnotist tells the voters:

Replace the hypnotist and watch with "illegal immigrants" or a "Ground Zero Mosque" (what the Los Angeles Times' Tim Rutten refers to as a "rising tide of Nativism") and the cartoon would be equally spot on, though this form of hypnosis is utilized by the billionaire-funded hard-right not only to "forget" the disaster that was the Bush/Cheney cabal but to avoid a debate on the Republicans' cold and heartless, class-based decisions to oppose an extension of unemployment benefits, to block funds for state governments intended to prevent a layoff of thousands of teachers, to block vital environmental legislation, to engage in never-ending privatization schemes, which by design are intended to destroy government's ability to provide vital public services (police, fire, health care, education), and to repeatedly level false charges of insolvency as part of their scheme to permit the thieves of Wall Street to raid the Social Security trust fund.

Those who are rational and see the mosque as an issue of First Amendment religious freedoms (and common sense) fail to appreciate the visceral appeal of Republican race-baiting, which, in the case of the mosque, seeks to tap into a deep-seated, cultural anxiety that has been created not only by 9/11 but --- as I explained in "Hate Speech and the Process of Dehumanization" here at The BRAD BLOG, and in its follow-up --- by the vilification of Arabs and Muslims in books, films and on television over a span of decades. It was this same deep-seated and subconscious loathing which permitted the Bush/Cheney cabal to conflate Saddam Hussein --- just another swarthy, mid-Eastern bad guy --- with al Qaeda for the purpose of invading Iraq.

The politics of Republican fear-mongering and race-baiting exploits cultural dehumanization so as to conflate all Muslims with 9/11. The result is a perversion of that seminal event --- which, even under the Bush/Cheney Administration's own "official theory," entailed only al Qaeda --- into an unprovoked assault by the Muslim world on "Christian America."

"You know nothing. You remember nothing. You don't remember George W. Bush or how badly he screwed things up. You love Republicans. They are here to help you. You will welcome them back..."