Log Cabin Republicans Continue DADT Fight at Ninth Circuit
(Washington, DC) – 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 'Don't Ask, Don't Tell' 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. 'Don't Ask, Don't Tell,' 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."
"Despite what the government has led the American people to believe, Don't Ask, Don't Tell has not been repealed and will likely remain the law of the land until the end of 2011," said Dan Woods, White and Case partner who is representing Log Cabin Republicans in Log Cabin Republicans v. United States of America. "In the meantime, openly gay individuals are not free to enlist in our armed forces, current service members must continue to live a lie, and the government continues to investigate and discharge service members. What's more, the government is trying to delay the briefing and argument on its appeal from the judgment and injunction obtained by Log Cabin Republicans. The government asked us to agree to the delay and we were willing to do so on one condition: that the government halt 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. Our filing today opposes the government's motion to delay the appeal and asks the US 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 Phillip ruled on September 9, 2010 that the policy violated the First and Fifth Amendments of the Constitution.