LCR: Keep DADT Appeal Alive

Jim Burroway

January 11th, 2011

Even though “Don’t Ask, Don’t Tell’s” repeal has been signed into law, the Log Cabin Republicans have filed a brief with the 9th U.S. Court of Appeals asking the court to continue considering whether a lower court judge was right to strike down the ban. Pointless, you say?

“Despite what the government has led the American people to believe, Don’t Ask, Don’t Tell has not been repealed and will likely remain the law of the land until the end of 2011,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans vs United States of America.  “In the meantime, openly gay individuals are not free to enlist in our armed forces, current service members must continue to live a lie, and the government continues to investigate and discharge service members.  What’s more, the government is trying to delay the briefing and argument on its appeal from the judgment and injunction obtained by Log Cabin Republicans.  The government asked us to agree to the delay and we were willing to do so on one condition: that the government halt all pending investigations and discharges during the period of delay.  The government refused, and its attorneys said that investigations and discharges will continue.”

The actual repeal won’t occur until sixty days after the President, Secretary of Defense and Chairman of the Joint Chiefs of Staff certify to Congress that everything is in place: all the training, policies changes, changes to the military code of conduct, and so forth. This is expected to take several months. If there is any good news there, Sen. John McCain (R-AZ), who was the most hard-over opponent of DADT’s repeal, now says that he’s ready to “make it work.”

Michael Ejercito

January 11th, 2011

The specific plaintiffs in the case were discharged prior to the repeal. Thus, even though the law was repealed, they still have standing to pursue the case, as they allege a protectable legal interest harmed by the government.

The only way LCR can be mooted is if the government reinstates the plaintiffs’ enlistments.

Patrick Garies

January 12th, 2011

@Michael: As the article states, DADT has /not/ been repealed.

Edwin

January 12th, 2011

Leave it to the government to drag their feet on anything that will help the LGBT people.

Timothy Kincaid

January 12th, 2011

LCR’s case is important as well for a second reason.

It establishes that the Military is not entitled to discriminate on the basis of sexual orientation which is quite a different matter than whether the current law does so.

I’m glad they are continuing to pursue the case.

Michael Ejercito

January 12th, 2011

It establishes that the Military is not entitled to discriminate on the basis of sexual orientation which is quite a different matter than whether the current law does so.

Which the government can short circuit by simply reinstating the discharged plaintiffs, and by not discharging servicepersons who were members of Log Cabin Republicans at the time the suit was filed.

Remember that a similar thing happened in the Jose Padilla case.

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