Log Cabin Republicans Will Ask 9th Circuit Today to Declare ‘DADT’ Unconstitutional

The Log Cabin Republicans are continuing their case against "Don't Ask, Don't Tell" today despite the fact that the ban on gays in the military is set to be fully repealed on September 20, the AP reports:

Woods With several Republican presidential candidates, including Rep. Michele Bachmann, indicating they would favor reinstating the ban if elected, such a ruling is needed, said Dan Woods, the attorney for the Log Cabin Republicans. Declaring the law unconstitutional would also provide a legal path for thousands discharged under the policy to seek reinstatement, back pay or other compensation for having their careers cut short, Woods said.

“The repeal of ‘don’t ask, don’t tell’ doesn’t say anything about the future,” Woods said. “It doesn’t (explicitly) say homosexuals can serve. A new Congress or new president could come back and reinstitute it. We need our case to survive so there is a constraint on the government to prevent it from doing this again.”

LCR attorney Dan White adds:

"It is mind-boggling that throughout this case, the Obama administration has said repeatedly that it favors open military service, yet it has fought us every step of the way and is now appealing the court's judgment in our client's favor. The federal government should be working with us, not against us. On top of that is the government's claim that once repeal of Don't Ask, Don't Tell takes effect on September 20, the case becomes moot and the judgment should be vacated. The government is trying to remove the legal precedent established in our case so that anyone claiming  back pay, reinstatement or a change in discharge status because he or she was discharged under an unconstitutional law would be unable to take advantage of the precedent we set. In other words, our case should remain as a precedent because servicemembers discharged under DADT continue to suffer collateral consequences from their discharges even after repeal becomes effective.

It is particularly important that this case, and the principle established by this case, remains intact because there is a real threat that it could disappear. Several leading Republican presidential candidates have gone on record promising to 'repeal the repeal.' The military could also bypass Congress and enact new regulations, and a new Congress could re-enact DADT. "

MetroWeekly has a helpful FAQ on the ongoing case…


  1. Danny says

    I hate to have to say this (again) but LCR is right there were HRC has been missing in action (again). I’ve despised the HRC for a long time–ever since they endorsed Al D’Amato for Senate in New York back in the 90s. They’ve proven themselves to be nothing but a bunch of inside-the-beltway “experts” – which means they know NOTHING. In these latter days, they demonstrate again and again not only that they *know* nothing, but that they *do* nothing.

    Meanwhile, dyed-in-the-wool liberal democrat that I am, I’m force (again) to acknowledge a debt of gratitude to the LCR. Do you guys at HRC not even have the decency to be at least co-plaintiffs with LCR? Can you not at least make common cause?? Just who/what IS the leadership at HRC? What the devil are you self-satisfied, useless, “in-the-know” types doing with yourselves?

  2. Zlick says

    This argument is spot-on, and I trust the judge will see it that way. Government interference may still bring this down, but I believe – once again, justice will come from the courts and no other quarter.

  3. Attmay says

    The HRC endorsed Obama for re-election before a single GOP primary. That says more about them than the GOP race. The only fighting they do is with the caterers of those rubber chicken dinners to make sure the right wine goes with the right meat. Obama brought the Chicago machine to the White House, and HRC is part of that machine.

  4. anon says

    They have some good lawyers! Yes, even with political repeal of the law, there are still several thousand servicemen and women who were harmed by the policy and should have some form of redress, technically back to 1994 even though gays were barred before then. They’ve soused this out very well.

  5. Robert in NYC says

    Let’s not lose sight of the fact that LCRs are NOT politicians, just a so called “gay rights” group. Marriage equality wasn’t high on their agenda either. Yet they continue voting for whoever gets the nod for the White House. Only 8 republicans voted for repeal of DADT, 8 and most support a ban on same-sex marriage. Even Ron Paul supports DOMA. GOProud gay republicans opposed repeal of DADT and marriage equality isn’t on their agenda.

  6. says

    GOProud only supports anti-gay Republican candidates. why? it’s their way of sucking up to their families who, make no mistake, resent having gay sons.

    it’s a stance of cowardice. they cut off their balls in exchange for petty “tolerance.”

    the LCR, while having had little to no success at all in changing the hearts and minds and votes of their fellow Republicans at least have the integrity to continue to fight on this particular issue.

  7. ohplease says

    I remember when the LCR was a punchline. That seems like a long, long, long time ago now.

    Wouldn’t it be great if the Obama administration abandoned all their fights against us, instead of only some, and then only after they’ve done extraordinary damage and we’ve protested the hell out of them to make them stop?

    Wouldn’t it be great if our “liberal” President woke up one day and decided that LGBT people were equal to him and that he was now going to act accordingly?

    Having the President of the United States believe that all Americans are equal is NOT too much to ask.

  8. says

    The LCR’s can continue the case as far as I’m concerned, and they deserve kudos for taking it this far, but it would be disingenuous for them to pretend it’s not also a political (anti-Obama) act at this point since they never single out Republicans for criticism, never mind that the Republicans obstructed the repeal every step of the way, it wouldn’t have gone through on a Republican president’s watch (which, to their chagrin it did on Obama’s), and if ever there is an attempt to reinstate it, it will be Republicans doing it, not Democrats, some of whom they may be supporting. More than a little irony behind their press release. While people are praising the LCR’s–admittedly sane relative to GOProud–just pay attention to the candidates they’ll be endorsing in 2012 and see if they apply the same scrutiny to them as to the Obama administration.

  9. says

    “Several leading Republican presidential candidates have gone on record promising to ‘repeal the repeal.'”

    Indeed. So why don’t the LCRs lobby their dear friends whom they vote for again and again to see the light? The only way DADT will be reinstated is if the LCR-backed and GOProud-backed candidates win. It will not be reinstated under Democrats in Congress or the White House.

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