Don't Ask, Don't Tell | Log Cabin Republicans | Military | News

Justice Dept Files Objection to Injunction on 'Don't Ask, Don't Tell'

As expected, the Justice Department late today filed an objection to the injunction requested by lawyers for the Log Cabin Republicans last week following a judge's declaration earlier this month that the law is unconstitutional.

Soldier The Advocate reports that the main points seem to be:

"'[A]ny injunction in this case must be limited to plaintiff LCR and the claims it asserts on behalf of its members – and cannot extend to non-parties – plaintiff’s requested world-wide injunction of the statute fails as a threshold matter,' assistant U.S. attorney Paul Freeborne wrote. Freeborne also argued that an injunction would preclude the government both from litigating other legal challenges to DADT or considering the terms of a stay barring discharges of gay and lesbian servicemembers."

Americablog adds: "Finally, the DOJ seems awfully concerned that if LCR wins this case, then the Obama administration will no longer be able to find that gay servicemembers hurt morale and cohesion. Why is the Obama administration so concerned about losing the 'right' to discriminate against gay and lesbian servicemembers?"

White House Press Secretary Robert Gibbs released the following statement:

"Today, the Department of Justice made a filing in a legal challenge to the Don’t Ask, Don’t tell (DADT) policy, as it traditionally does when acts of Congress are challenged.  This filing in no way diminishes the President’s firm commitment to achieve a legislative repeal of DADT – indeed, it clearly shows why Congress must act to end this misguided policy.   The President was disappointed earlier this week when a majority of the Senate was willing to proceed with National Defense Authorization Act, but political posturing created a 60 vote threshold.  The President spoke out against DADT in his first State of the Union Address, and the Secretary of Defense and the Chairman of the Joint Chiefs have both testified in support of repeal.   And the Department of Defense continues to work on a plan on how to implement repeal.  The President, along with his Administration, will continue to work with the Senate Leadership to achieve a legislative repeal of DADT as outlined in the NDAA this fall."

It remains to be seen whether the Justice Dept. will appeal the ruling.

Here's the filing, (via Americablog):

DADT: DOJ response to LCR's proposed injunction

Feed This post's comment feed

Comments

  1. So, in order to serve, President Obama is asking gay and lesbian servicemembers to become members of the Log Cabin Republicans? Is he serious? Really?

    Posted by: Rich | Sep 23, 2010 7:44:13 PM


  2. @Rich

    Well, he has done just about everything else he could think of that would ensure Republican victory in November.

    LOL.

    Posted by: John | Sep 23, 2010 7:55:37 PM


  3. Hoo-boy, with friends like these...

    Posted by: ichabod | Sep 23, 2010 7:56:46 PM


  4. They probably mean it should only apply to the service members who were represented in the case. I think all but one of them testified. One is still on active duty.

    Posted by: Steve | Sep 23, 2010 7:57:04 PM


  5. I've been holding my nose and voting for Democrats for 31 years. I can't do it anymore. The stench is overwhelming. The first Tuesday of this coming November, I'll be otherwise engaged.

    Posted by: chapotheother | Sep 23, 2010 8:34:03 PM


  6. Barack Obama is dead to me.

    Posted by: acorlando | Sep 23, 2010 8:38:13 PM


  7. Don't watch my lips, watch my hand while I give you a handjob.

    We are all alone, folks. Even those who say they want to do something AND CAN, don't. Thanks for nothing. Is there a Non-Douchebag Party I can join?

    Posted by: Bart | Sep 23, 2010 8:40:13 PM


  8. More good news from the administration of our "Fierce Advocate".

    God bless the Log Cabin Republicans. The HRC crowd should take note of this accomplishment.

    Posted by: LincolnLounger | Sep 23, 2010 8:46:49 PM


  9. In other news, Press Secretary Robert Gibbs stated "you know that yellow stream currently running down your leg? It's rain."

    Posted by: bobbyjoe | Sep 23, 2010 8:50:22 PM


  10. Fuck Obama. I have never been more disappointed in a US President in my life. At least when the plant stole the 2000 election everyone knew they were screwed. I thought Obama would lead, not spend all his time breaking promises.

    Posted by: Tone | Sep 23, 2010 8:55:01 PM


  11. I'm sorry, I don't really understand what's going on. Can someone please dumb it down a shade, or speak in Generation Y to me?

    Posted by: RYan | Sep 23, 2010 8:57:13 PM


  12. Nail in the coffin!

    I am DONE with that Obama and HIS administration and DOJ. With "Friends" like this, who needs FRENEMIES?!

    When the Democrats lose this Fall, and in 2012, I WON'T FREAKING CARE!

    Yeah more money and time during election! And VACATION! World beach areas here I come! :-)

    Meanwhile, can I just laugh at the Obamacrats with their pathetic "have patience", "It's been only X years". "Stop being selfish" (that's a good one!), "There are bigger problems to take care of" ... BLAH, BLAH, BLAH!

    Don't Ask, Don't Give!

    http://gay.americablog.com/2009/11/dont-ask-dont-give.html

    Posted by: FunMe | Sep 23, 2010 9:10:33 PM


  13. Nail in the coffin!

    I am DONE with that Obama and HIS administration and DOJ. With "Friends" like this, who needs FRENEMIES?!

    When the Democrats lose this Fall, and in 2012, I WON'T FREAKING CARE!

    Yeah more money and time during election! And VACATION! World beach areas here I come! :-)

    Meanwhile, can I just laugh at the Obamacrats with their pathetic "have patience", "It's been only X years". "Stop being selfish" (that's a good one!), "There are bigger problems to take care of" ... BLAH, BLAH, BLAH!

    Don't Ask, Don't Give!

    http://gay.americablog.com/2009/11/dont-ask-dont-give.html

    Posted by: FunMe | Sep 23, 2010 9:10:33 PM


  14. What a sad, sick sorry-assed spectacle it's all become.

    I mean, Jesus.

    I'd almost be embarrassed for the administration if they deserved it.

    Posted by: yonkersconquers | Sep 23, 2010 9:36:20 PM


  15. Where's our "fierce advocate" now?

    Posted by: missanthrope | Sep 23, 2010 9:54:44 PM


  16. Anytime they ask for money, print off some of these and send them back to them with "return to sender" on it so they pick up the tab:

    http://imgur.com/hCVhi.jpg

    Posted by: Gridlock | Sep 23, 2010 10:13:52 PM


  17. Ugh...black man speak with forked tongue. Again. And again. And again!

    Posted by: Bob R | Sep 23, 2010 10:57:56 PM


  18. I think some of you people live in a vacuum. You expect Obama to ignore the law and ignore the fact that he's an elected official.

    The Justice Department, as Gibbs properly stated, had to act as they did as a matter of law.

    Obama is trying to end DADT. The ball is in Congress's court. He's president, not a dictator.

    Most of the comments above are made by people who seem never to have taken a civics class nor do they have any understand of how American politics is a matter of patience and compromise, not an iron-fisted fiat.

    Obama was elected. He did not seize office. He cannot do whatever he wants whenever he wants. Look how difficult it was to pass health care but it eventually got done. The road to end DADT will be equally messy.

    Posted by: Buck | Sep 23, 2010 10:59:04 PM


  19. So what is the difference Buck between Brown and Arnold not defending Prop 8 and Obama not defending DADT?

    Posted by: Matt Munson | Sep 23, 2010 11:23:49 PM


  20. What a bunch of bull... the courts were doing what the House & Senate don't have the balls to do... why not just let it ride?

    This administration makes it impossible to support them... unless you can live in total denial.

    What a huge f'n disappointment. Just F'n HUGE!

    Posted by: stephen | Sep 23, 2010 11:35:07 PM


  21. I agree with Buck 100%. You guys are as bad as the Palin crowd always bitching about Obama not doing everything instantly.

    Posted by: WR | Sep 24, 2010 12:22:34 AM


  22. I kind of wish that Gibbs said they were challenging it to get it all the way to SCOTUS.

    This just looks bad - no matter what obligation they have.

    They haven't been trying hard enough to push for something that 75% of Americans want.

    This white house, not matter how much I support liberals, is tiring.

    Posted by: Joe | Sep 24, 2010 12:47:24 AM


  23. I don't know what you are all complaining about. I sent my change of part application form in yesterday and plan on joining the Log Cabin as soon as I am officially a Republican. Say what you will about the GOP, but if Obama gets his way, it will legally be the only party where it's safe to be "out".

    Equal rights are a benefit I just can't pass up.

    Posted by: Jason (the commenter) | Sep 24, 2010 5:53:13 AM


  24. Buck,

    The Justice Department didn't have to act as it did as a matter of law. As Gibbs stated it was an act of tradition. That's what we get from a person who ran on "Hope and Change"!

    Posted by: Jason (the commenter) | Sep 24, 2010 5:55:35 AM


  25. Three years ago, I was warning all of you about the fraudster Obama. I was pilloried, spat on and shat on. Well, who's doing the shitting now? It ain't me. I knew what was coming.

    In Obama you have a conservative black man with possibly Islamic influences who thinks gays are hideous creatures. Nuff said.

    Posted by: jason | Sep 24, 2010 8:10:53 AM


  26. 1 2 »

Post a comment







Trending


« «Watch: Equality California Ads Against Meg Whitman, Steve Cooley« «