LCRs Continue DADT Fight at Ninth Circuit

Washington, DC  – January, 10, 2011

Log Cabin Republicans have filed a response to the Obama administration’s latest attempt to indefinitely delay arguments in Log Cabin Republicans v. United States, despite legislation enacted last month which removed DADT from U.S. code.

The military has emphasized that the policy remains in force and the Obama Department of Justice continues to defend the ban in court.
“Log Cabin Republicans are acutely aware President Obama and his administration desperately want our case to just go away. That is not going to happen,” said Log Cabin Republicans Executive Director R. Clarke Cooper. “The Obama administration’s continued defense of this failed and unconstitutional policy is a mystery. DADT was rejected by Congress, by the Joint Chiefs of Staff, and most notably by the American people. It is time for the President to stand by his commitment and end this policy of discrimination, removing the threat and specter of discharge from thousands of patriotic servicemembers.”

The repeal of DADT is not yet effective and DADT will likely remain the law of the land until the end of 2011. In the meantime, openly gay individuals are not free to enlist in the armed forces, current servicemembers must continue to live a lie, and the government continues to investigate and discharge servicemembers under DADT.

“At the same time, the government is trying to delay the briefing and argument on its appeal from the judgment and injunction obtained by Log Cabin Republicans” said Dan Woods, Partner at White and Case who filed the law suit. “The government asked us to agree to the delay and we were willing to do so, on one condition: that the government halts all pending investigations and discharges during the period of delay. 

“The government refused and its attorneys said that investigations and discharges will continue. For these reasons, Log Cabin Republicans' case is still alive and kicking.”

Log Cabin Republicans is opposing the government's motion to delay the appeal and asking the U.S. Court of Appeals for the Ninth Circuit, in the alternative, to stay all investigations and discharges in the event it is prepared to grant the government's request for delay."

Log Cabin Republicans have maintained a three-front strategy against ‘Don’t Ask, Don’t Tell,’ lobbying for repeal in Congress, consulting with the Department of Defense, and filing suit in federal court.  The case went to trial in July of 2010, and Judge Virginia Phillips ruled on September 9, 2010 that the policy violated the First and Fifth Amendments of the Constitution.

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