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Log Cabin Republicans File Brief Opposing DOJ's Request for Stay of DADT Injunction

The Log Cabin Republicans have filed a set of briefs opposing the government's request for a stay of the injunction barring enforcement of the "Don't Ask, Don't Tell" policy.

Says the brief, in part:

"With the injunction in place, nothing will change with regard to the composition of the military, the training, promotion, demotion, and deployment of servicemembers, the mission and operations of the armed forces, or anything else that pertains to the important governmental interest that the military serves. The evidence at trial showed that homosexual men and women already serve today; they are deployed to theaters of combat when needed – indeed, retained overall in greater numbers during times of combat – even if they are openly homosexual; it is their discharge, not their presence, that if anything impacts morale and good order."

Read the full LCR brief, below.

Said lead LCR attorney Dan Woods: Woods

"We weren't surprised by the Ninth Circuit ruling granting the government a temporary stay, given the short amount of time the judges had to consider the case. Now that the Court has had additional time to study the case and when it has the opportunity to consider the opposition brief we have filed today, we are cautiously optimistic that the Ninth Circuit Court of Appeals will deny the government's motion for a stay of the injunction because the government has not met the factors required for a stay pending appeal. The government's motion does not show that the government is likely to prevail on the merits of the appeal and does not even attempt to refute the fact that the constitutional rights of current and prospective gay and lesbian servicemembers will continue to be violated during any stay.  It remains sad and disappointing that the government seeks to continue to enforce 'Don't Ask, Don't Tell' by its motion for a stay pending appeal, even as the President has repeatedly said that the policy 'weakens' our national security and recently said in a 'tweet' that he basically agrees with Judge Phillips's decision." 

MetroWeekly reports: "Additionally, Metro Weekly has learned that Servicemembers Legal Defense Network plans to file its own opposition before the court in the form of an amicus curiae, or friend of the court, brief. Amicus briefs commonly are filed by people and groups interested in the outcome of a case even though they are not a party to the case. Lambda Legal Education and Defense Fund also plans to file an amicus brief in the case, as does Servicemembers United. Other groups could file as well. After the LCR filing, the Ninth Circuit is free to rule on the stay issue at any time."

Lambda Legal filed a friend-of-the-court brief today as well:

"Lambda Legal's amicus brief argues that DADT takes a heavy toll on lesbian, gay and bisexual (LGB) service members, forcing them to live in constant fear of being discovered. But its influence extends far off American military bases: 'DADT is nothing short of a public pronouncement by the federal government that discrimination against LGB people is acceptable, that LGB people are inferior to heterosexual people, and that being lesbian, gay or bisexual is a shameful trait that ought to be concealed.' The brief also argues that DADT's discriminatory message is particularly damaging to lesbian, gay and bisexual youth, as exemplified by the surge of recently-reported teen suicides caused by antigay bullying. 'The government cannot plausibly claim that its actions are unrelated to such tragedies and abuses, so long as it remains the nation's leading model for open discrimination against LGB people.'"

LCR Opposition to Motion for Stay

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Comments

  1. Still can't believe LCR are doing something I support, but I suppose penance is acceptable.

    Posted by: Paul R | Oct 25, 2010 6:29:14 PM


  2. "...it is their discharge, not their presence, that if anything impacts morale and good order"

    Well said.

    Posted by: Joe | Oct 25, 2010 6:31:24 PM


  3. This entire appeal procedure was 100% avoidable if Obama had not sold his ass to the military hierarchy, and if his homophobic, cowardly DoJ head, Eric Holder, could find the guts to stand-up to Obama & do the right thing. The appeal, if granted, will extend existing DADT policy and continue dismissals (via civilian authorities).

    Legislative repeal remains elusive and imaginary.

    Posted by: Jerry | Oct 25, 2010 7:11:38 PM


  4. More help from the Republicans while our "Fierce Advocate" fights us tooth and nail.

    Posted by: LincolnLounger | Oct 25, 2010 7:21:08 PM


  5. Note to Mr. Obama,

    THIS ISSUE AIN'T GONNA GO AWAY !

    WE'RE GONNA GET LOUDER ! ! !

    Posted by: customartist | Oct 25, 2010 7:24:23 PM


  6. ---Monday Oct. 18th 2010 LCR put its support behind Mike Fitzpatrick, the Republican in a close race against Rep. Patrick Murphy (D-Pa.), the Iraq War vet who masterfully guided the repeal bill to passage through the house.

    They did this despite Fitzpatrick's opposition to Murphy's DADT repeal bill

    LCR also .............Of the 10 incumbent House Republicans endorsed by the Log Cabin Republicans, six of them voted against the amendment that would repeal don't ask don't tell


    http://voices.washingtonpost.com/postpartisan/2010/10/dont_ask_whose_side_log_cabin.html


    LCR is the equivalent of a serial killer who lets 1 target get away for whatever reason. Still evil, dangerous, and seriously f'd up in the head

    Posted by: mstrozfckslv@yahoo.com | Oct 25, 2010 7:33:04 PM


  7. "More help from the Republicans while our "Fierce Advocate" fights us tooth and nail."

    I certainly support and applaud the LCR's work on this issue, and the DOJ absolutely deserves scorn, but let's not be deranged. LCR got no help from Republicans other than their gay selves. If our "Fierce Advocate" is fighting us tooth and nail, it needs to be clear that the Republicans in the House and Senate are fighting us toother and nailer. Look at the votes. The only thing most Republicans are good at is obstructionism and setting the clock back.

    Posted by: Ernie | Oct 25, 2010 7:49:54 PM


  8. For all those insisting we MUST vote democratic, the biggest advancement in GLBT rights during last 2 years has come from the Log Cabin Rep! Not the group we supported and funded. WTF!

    Posted by: Leto | Oct 25, 2010 8:31:37 PM


  9. LETO, SHUT UP, What the HELL are you talking about? A CHALLANGE TO A LAW PUT UP 17 YEARS AGO IS NOT THE BIGGEST ADVANCEMENT IN LGBT RIGHTS.

    Vote republican all you want, just shut the hell up about it.

    Posted by: Fenrox | Oct 26, 2010 9:19:34 AM


  10. I could easily see the ninth rejecting the govt's appeal. Then on to SCOTUS.

    Posted by: anon | Oct 26, 2010 12:20:41 PM


  11. I despise the LCR and their self-loathing, misguided politics. But I love their lawyers!

    Posted by: wimsy | Oct 26, 2010 12:50:59 PM


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