Comments on: LCR: Keep DADT Appeal Alive

By: Michael Ejercito

Michael Ejercito — Wed, 12 Jan 2011 19:50:31 +0000

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.

By: Timothy Kincaid

Timothy Kincaid — Wed, 12 Jan 2011 18:24:17 +0000

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.

By: Edwin

Edwin — Wed, 12 Jan 2011 11:44:18 +0000

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

By: Patrick Garies

Patrick Garies — Wed, 12 Jan 2011 09:41:10 +0000

@Michael: As the article states, DADT has /not/ been repealed.

By: Michael Ejercito

Michael Ejercito — Wed, 12 Jan 2011 03:33:39 +0000

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 Thus, even though the law was repealed, they still have standing to pursue the case, as they allege a protectable legal interest harmed by the government.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.