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Log Cabin v. DADT case begins

Timothy Kincaid

July 13th, 2010

Today Log Cabin Republicans’ lawsuit against the federal government over the Don’t Ask, Don’t Tell policy went began. And the opening statement reveal an interesting approach. Log Cabin will argue that the policy is unconstitutional, while the administration will counter with, ummm, nothing at all. (AP)

Woods said he plans to use the remarks of Obama, Defense Secretary Robert Gates and other top military commanders as evidence the policy should be overturned.

Woods argued the policy violates the rights of gay military members to free speech, due process and open association.

“If they wish to serve in our armed forces, homosexuals must conceal the core of their identity, they must lie — in violation of their honor and duty,” Woods said. “Our military excludes these men and women from service solely on the basis of status and conduct that is constitutionally protected.”

U.S. Department of Justice attorney Paul G. Freeborne said that the government will present only the legislative history of the policy and no witnesses or other evidence during the trial. Their defense consists only of insisting that the policy is in the process of being repealed and the court is overstep its bounds to hear the case at all.

U.S. District Judge Virginia A. Phillips decided that the “possibility that action by the legislative and executive branches will moot this case is sufficiently remote.” Sadly, she may be right. Until the legislation is voted through by the Senate, clears reconciliation, is signed by the President, and then the policy change is deemed by both the administration and the military to be sufficiently non-disruptive, there is no repeal.

I am appreciative that the administration is not seeking to argue from the perspective of bigotry or the presumption of heterosexual superiority and is presenting no substantive defense. Perhaps they should consider this approach for all discriminatory anti-gay legislation they feel they have an obligation to defend.

Comments

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Rob San Diego
July 13th, 2010 | LINK

How interesting would it be for a republican group to get this overturned, when all the liberal tree hugging hippies and gay couples have tried to get marriages and other discriminatory things undone with no luck. Are we in the twilight zone right now? And by the way, when will the Log Cabins try and undo all the marriage amendments that states have passed.

Michael
July 13th, 2010 | LINK

But, according to Karen Ocamb, the ODOJ ODOJ sent FIVE attorneys to California!!!!! They’re trying AGAIN to disqualify co-plaintiff “John Doe” claiming that since he’s still serving he can’t claim he’s hurt by DADT!!!! And, as most don’t know, they REFUSED plaintiff’s offer to table their lawsuit pending repeal by Congress if the government would STOP discharges in the interim! DESPICABLE is the first word that comes to mind! I CAN NO LONGER IMAGINE THEY WILL CHANGE — SO IT’S TIME TO SAY IT: I’m praying that another viable Dem rises to take the nomination away from morally bankrupt Obama in 2012!!!!!

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