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Administration continues to defend DADT in court, but with concessions

Timothy Kincaid

February 26th, 2011

Although President Obama has announced that discrimination against gay and lesbian Americans should be held to a stricter scrutiny than rational basis, the Obama Administration continues to defend Don’t Ask, Don’t Tell in its appeal to the court challenge by Log Cabin Republicans. But the President’s position has impacted how the Department of Justice is arguing their case. (LCR Press Release)

“The government’s brief is stunning for what it does not say. As expected, it argues that Log Cabin Republicans lacked standing to bring the case and that Judge Phillips lacked authority to issue a world-wide injunction. Judge Phillips’s 85-page decision from October 2010 covered these points in great detail, and we are confident that the government’s arguments on these points will be rejected. The government’s only other argument is that the recent repeal of Don’t Ask, Don’t Tell was constitutional but that was not an issue tried before Judge Phillips and was never part of the government’s case before. The government’s brief does not address the due process or first amendment issues on which Judge Phillips based her decision nor the standard of review applicable to our challenge to the constitutionality of Don’t Ask, Don’t Tell. By not arguing merits of the constitutionality of Don’t Ask, Don’t Tell, the government’s brief, by its silence on these issues, is effectively conceding that Don’t Ask, Don’t Tell was and is unconstitutional. While it may be implicit, it is the first time in the six-plus-year history of the case that the government has not argued that Don’t Ask, Don’t Tell is constitutional. This is a major change in the government’s position.”

Lest future Congresses or Presidents seek to reinstate discrimination in the Military, it is important to our community that LCR’s victory be confirmed.

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Lindoro Almaviva
February 26th, 2011 | LINK

And these people got so much grief for even bringing the suit.

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