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

9th Circuit Orders Government to Say if it Plans to Defend 'DADT'

The 9th Circuit Court of Appeals, which last week ruled in favor of an LCR request for an injunction halting all discharges under "Don't Ask, Don't Tell", today gave the U.S. Government 10 days to state whether it plans to defend the constitutionality of the matter in court, the AP reports:

DadtdiscriminatesThe three-judge merits panel of the 9th Circuit said after reviewing briefs from both parties in the case, that it appears the States is not prepared to defend the policy's constitutionality.

The order was not signed by the judges and it was not known if the three jurists were the same justices who ruled last week on stopping the policy's enforcement.

Log Cabin Republicans attorney Dan Woods said the court is forcing the government to take a stand on the issue.

"The government has been trying to have it both ways and now the government is not going to be allowed to have it both ways anymore," Woods said. "The court is saying either fish or cut bait."

DOJ officials could not be immediately reached for comment.

Read the order, AFTER THE JUMP...

LCR v. USA - ORDER

Feed This post's comment feed

Comments

  1. While I have frequently been extremely critical of current LCR head Clarke Cooper [and will, no doubt, be again—and will NEVER vote Repug], the following quoted in "Metroweekly" is both BRILLIANT and VITAL beyond—thanks to SLDN, SU, HRC, OutServe, et al.'s FAILURE, the understanding of 99% of our Community, emphasis mine:

    "In a statement, LCR executive director Clarke Cooper said, 'The ruling in Log Cabin Republicans v. United States set an important precedent by showing that discrimination against gay and lesbian Americans is unconstitutional'. U.S. District Court Judge Virginia Phillips's injunction at the trial court level in the case, by finding a constitutional violation of equal protection in DADT, creates a nondiscrimination obligation that LCR wants to protect going forward since the DADT Repeal Act DOES NOT CONTAIN A NONDISCRIMINATION PROVISION. LCR deputy executive director Christian Berle expanded on that, telling Metro Weekly, 'We're fully committed to the precedent in this ruling because it protects, in perpetuity, the constitutional rights of servicemembers'."

    And that is NOT just theoretical. Unless this ruling is upheld, there will be no legal tool to reverse the Pentagon's explicitly stated intention to deny gays post actual "repeal" implementation access to the same protections against discrimination and harassment IN the military that nongays have, AND to deny gay military partners even those benefits such as access to military housing that the Pentagon ADMITS are NOT banned by DOMA.

    Posted by: Michael@LeonardMatlovich.com | Jul 11, 2011 5:42:34 PM


  2. People have to realize that Judge Phillips' injunction is largely a dead letter and that the Government is comprehensively violating it. Certainly, despite their avowals to the contrary, the Military is still refusing to let Gays join--either by expressly refusing to let them apply, or by saying that they can apply but saying that it does not know how to process them exactly yet, or by letting them apply and then sitting on the paperwork. Also, the Military is still expressly refusing to let Gays who were previously discharged under DADT join the Military. I know all of this because I have contacted four different commands (including three recruiters). It's all a sham.

    Posted by: James E. Pietrangelo, II | Jul 12, 2011 10:22:53 AM


  3. How to Seek Ordination We are seeking individuals for Ordination into the World Wide Old Orthodox Catholic Church and Ministry. Orthodox Catholic Ordination is one of the most respected Ordination Ministries in the World. All authority hath been given unto me in heaven and on earth. Go ye therefore, and make disciples of all the nations, baptizing them into the name of the Father and of the Son and of the Holy Spirit: teaching them to observe all things whatsoever I commanded you: and lo, I am with you always, even unto the end of the world” (Mt. 28:18-20). The Old Orthodox Catholic offers an unparalleled free opportunity for you to become Ordained & grow in ministry and service to Our Lord and Savior, Jesus Christ! No other ordination Service or credentialing ministry offers a completely interactive community to serve and support it's ministers and graduates. The Orthodox Catholic Church is blessed to be able to offer you a way as to direct your focus to God and His service, and to continue your growth in fellowship and education. Our ministry is fully managed by volunteers who simply desire to see you fulfill the Great Commission of Christ. We give you everything that you need to start a church, ministry, mission etc . We also offer you full seminary training. If you feel a calling to the ministry and would like to be ordained a Bishop, Priest, or Deacon, Please send us your ordination request. God Bless! Archbishop Michael Email: ChristOrthodox@yahoo.com

    Posted by: Archbishop Michael | Oct 25, 2011 1:17:03 PM


Post a comment







Trending


« «News: Adam Levine, Chicago, Grizzly Bear, Aladdin, Rupert Murdoch« «