Log Cabin Republicans Call Upon Obama Administration to Stop Discharges

March 29, 2011 Facebook Twitter LinkedIn Blogger Tumblr

(Washington, DC) – Log Cabin Republicans have filed with the Ninth Circuit Court of Appeals calling upon the Department of Defense to end discharges under the 'Don't Ask, Don't Tell' policy.

"President Obama continues trying to have it both ways, defending 'Don't Ask, Don't Tell' through a maze of technicalities while claiming credit as an ally. Log Cabin Republicans call for the administration to stop playing games with the fundamental freedoms of gay and lesbian servicemembers. It is time for President Obama to stop discharging patriotic Americans because of their sexual orientation," said R. Clarke Cooper, Executive Director of Log Cabin Republicans. "As long as the President and his Department of Defense continue enforcement of this policy they are asserting that discrimination is more important than advancing servicemembers based on merit and performance."

"The brief we filed today for Log Cabin Republicans shows beyond any doubt that the government has no legal basis for its appeal of Judge Phillips' decision and injunction. The government did not even attempt to argue that 'Don't Ask, Don't Tell' was or is constitutional or that Judge Phillips erred by finding that it violated the Fifth and First Amendments. Without any explicit recognition or acknowledgment of the harm caused to thousands of patriotic Americans by 'Don't Ask, Don't Tell,' the government implicitly admits that Judge Phillips' decision that 'Don't Ask, Don't Tell' was unconstitutional was correct. This is an amazing about-face for a government that argued for six years in this case that 'Don't Ask, Don't Tell' was constitutional," said Dan Woods, White & Case Partner and lead attorney for Log Cabin Republicans.

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.