Ninth Circuit Bows to Department of Justice on DADT, Erasing Constitutional Rights of Servicemembers
(Washington, DC) - Log Cabin Republicans are disappointed that the Ninth Circuit Court of Appeals has denied an en banc hearing in the case of Log Cabin Republicans. In September, a three judge panel declared Log Cabin Republicans v. United States moot and vacated the federal court ruling which declared "Don't Ask, Don't Tell" unconstitutional.
"The 9th Circuit Court of Appeals has chosen to back away from its role in defending the constitutional rights of servicemembers. With open service the law of the land, it now falls to servicemembers themselves and their allies to be vigilant in protecting the freedom of gay men and women in uniform," said R. Clarke Cooper, Log Cabin Republicans Executive Director. "Log Cabin Republicans will continue to fight for uniform treatment of all servicemembers, in Congress and in the court of public opinion, including working to end the so-called "Defense of Marriage Act" which wrongly discriminates against military families. Log Cabin Republicans are proud to have brought this case, proud of our victory at trial, and proud that the ruling in Log Cabin Republicans v. United States provided the necessary motivation to make repeal of 'Don't Ask, Don't Tell' a reality."
Log Cabin Republicans conducted a successful three-front campaign 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.