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

LCR v. USA – ORDER

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  1. Michael@LeonardMatlovich.com says

    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.

  2. James E. Pietrangelo, II says

    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.

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